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

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

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

4. Issues and Challenges: Time 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

5. Issues and Challenges: Time 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

6. Issues and Challenges: Cost What is the cost of an RSA? 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 5-6

7. Issues and Challenges: Cost 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. 5-7

8. Issues and Challenges: Cost 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. Will an RSA drive up project costs? *NHI offers a “Low Cost Safety Improvements Workshop” (NHI Course 380076) 5-8

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

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

11. Issues and Challenges: Liability 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

12. Issues and Challenges: Liability Do RSAs expose agencies to more legal 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?” 5-12

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

14. Planning 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. 5-14

15. How RSAs Fit the Statutes • 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 5-15

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

17. Evaluation 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. 5-17

18. Issues and Challenges: Liability 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

19. Issues and Challenges: Liability Do RSAs expose agencies to more legal 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. 5-19

20. Issues and Challenges: Liability Do RSAs expose agencies to more legal liability? “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

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

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

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

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