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• Describe how RSAs address project schedule (time), project cost, and agency liability concerns.

• Explain the need for a cooperative and diplomatic approach.

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Time Cost Liability

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Project owners have concerns about:

Common Concerns

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?

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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?

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What is the cost of an RSA?

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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

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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.

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?

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RSA team suggestions can be:

Short-term

Long-term

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Will an RSA drive up project costs?

Will an RSA drive up project costs?

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RSAs offer cost benefits:

• Savings in throwaway and reconstruction costs

• Reduction in lifecycle costs

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

Do RSAs expose agencies to more legal liability?

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“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?”

The highway safety improvement program in each State shall consist of components for planning, implementation, and evaluation of safety programs and projects.

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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.

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• 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

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

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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.

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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?

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Do RSAs expose agencies to more legal liability?

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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.

Negligible Low Med HighNegligible Low Med High

Frequent

Occasional

Rare

Frequent

Occasional

RareCra

sh F

req

uen

cy

Crash Severity

“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.”

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Do RSAs expose agencies to more legal liability?

• 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?

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The RSA team must complete the RSA to a reasonable standard of care and professionalism.

RSA team, owner, and design team need to be:• Diplomatic.• Constructive.• Cooperative.

Project owner support is essential!

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Project owners have concerns about:

Common Concerns

Time Cost Liability

• Describe how RSAs address project schedule (time), project cost, and agency liability concerns.

• Explain the need for a cooperative and diplomatic approach.

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