1. 5-1 Lesson 5 | Common Issues & Challenges

2. Describe how RSAs address project schedule (time), project cost, and agency liability concerns. Explain the need for a cooperative and diplomatic approach. 5-2 Learning Outcomes

3. Time CostLiability 5-3 Project owners have concerns about: Common Concerns

4. No. RSAs occur concurrently with design or other phases. RSAs at the design stage actually can save time: it’s more time effective to correct a drawing than a road. Will an RSA delay the project? 5-4 Issues and Challenges: Time

5. Preparation: 1 day Group Work: 2 to 5 days Reporting and Follow-Up: 1 to 4 days TOTAL: 4 to 10 working days What is the time commitment for an RSA? 5-5 Issues and Challenges: Time

6. What is the cost of an RSA? 5-6 Small Projects: 7 to 10 person days Medium Projects: 10 to 20 person days Large Projects: 20 to 40 person days Mega Projects: 40 to 60 person days Issues and Challenges: Cost

7. 5-7 Will an RSA drive up project costs? RSAs offer suggestions that project owners implement in accordance with scope, priorities and budget considerations. The RSA teams’ suggestions must be consistent with the project stage. Issues and Challenges: Cost

8. The RSA team can focus on low-cost engineering, enforcement and education safety improvements.* RSA team suggestions are discussed with the project owner before the final report. *NHI offers a “Low Cost Safety Improvements Workshop” (NHI Course 380076) Will an RSA drive up project costs? 5-8 Issues and Challenges: Cost

9. RSA team suggestions can be: Short-term Long-term 5-9 Will an RSA drive up project costs? Issues and Challenges: Cost

10. Will an RSA drive up project costs? 5-10 RSAs offer cost benefits: Savings in throwaway and reconstruction costs Reduction in lifecycle costs Issues and Challenges: Cost

11. Agencies should seek legal advice regarding RSAs or any other type of safety reviews. Agencies will be taken to court with or without an RSA. RSAs are part of a safety management system. Do RSAs expose agencies to more legal liability? 5-11 Issues and Challenges: Liability

12. Do RSAs expose agencies to more legal liability? 5-12 Issues and Challenges: Liability “We did not know” is not a defense and does not relieve an agency’s liability. The question is, “should you have known, in your position?”

13. The highway safety improvement program in each State shall consist of components for planning, implementation, and evaluation of safety programs and projects. Code of Federal Regulations 924 Under 23 U.S.C 148 5-13

14. Planning The highway safety improvement program shall incorporate a process for: Collecting and maintaining records. Analyzing available data that identifies highway safety improvement projects. Conducting engineering studies and roadway safety audits. Establishing priorities for implementing highway safety improvement projects. Planning 5-14

15. Proactive approach Performed at any stage in a road’s lifecycle Independent, multidisciplinary team Look at ALL road users Consider 3 E’s (Engineering, Enforcement and Education) solutions Comprehensive step-by-step process – includes a formal report and project owner response Identify issues AND solutions How RSAs Fit the Statutes 5-15

16. The implementation process of the highway safety improvement program in each State shall include a process for scheduling and implementing highway safety improvement projects. Implementation 5-16

17. The highway safety improvement program should include an evaluation process for: Analyzing and assessing the results achieved by the highway safety improvement projects. Evaluating the overall strategic highway safety plan on a regular basis. Evaluation 5-17

18. Safety information gathered pursuant to a federal highway safety program may be protected by federal statute (23U.S.C.409). Do RSAs expose agencies to more legal liability? 5-18 Issues and Challenges: Liability

19. Do RSAs expose agencies to more legal liability? 5-19 Issues and Challenges: Liability RSA policy and guideline documents, RSA reports, and RSA response reports can be part of an agency’s safety management and prioritization system that helps explain the phasing and scheduling of safety improvements.

20. “Our attorneys say that once safety issues are identified, and if we have financial limitations on how much and how fast we can correct the issues, then the [RSA] will help us in defense of liability.” “[RSAs] demonstrate a proactive approach to identifying and mitigating safety concerns.” 5-20 Issues and Challenges: Liability Do RSAs expose agencies to more legal liability?

21. Document the RSA scope and limitations. Document RSA materials. Document who was consulted. Act only within area of expertise. Do RSAs expose RSA teams to more legal liability? 5-21 Issues and Challenges: Liability The RSA team must complete the RSA to a reasonable standard of care and professionalism.

22. RSA team, owner, and design team need to be: Diplomatic. Constructive. Cooperative. Project owner support is essential! 5-22 Issues and Challenges: Getting and Staying In Sync

23. 5-23 Project owners have concerns about: Common Concerns Time Cost Liability

24. Describe how RSAs address project schedule (time), project cost, and agency liability concerns. Explain the need for a cooperative and diplomatic approach. Review: Learning Outcomes 5-24