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Lawmakers want to increase fines in construction zones after 34 ODOT workers struck so far this year

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COLUMBUS, Ohio — A bipartisan group of Ohio lawmakers is trying to prevent construction worker deaths and injuries by increasing penalties for driving recklessly in work zones.

Whether they are shoveling snow, repaving roads or fixing potholes, Department of Transportation workers have dangerous jobs.

"It's nerve-wracking to be out there, knowing that there are so many people driving by you at a very fast speed and they're not paying attention to you," said Matt Bruning, spokesperson for ODOT.

There have been nearly 100 deaths in the past five years from construction zone crashes, according to State Highway Patrol. The state does not collect data to tell which of the 96 fatalities were workers.

There have already been 34 ODOT crews hit in the first two months of 2024, compared to 56 total in all of 2023. Last year also had over 4,000 crashes in work zones, as well.

"We can put up all the signs and we can put up all the protective measures and we can have the most reflective vests and the most reflective hard hats and the biggest light up arrow boards — and if you're looking at this," Bruning said, holding up his cell phone, "You're not gonna see any of it."

State Rep. Mark Johnson (R-Chillicothe) is listening.

"Innocent people are dying needlessly," Johnson said. "We don't want to fill up the cemeteries of Ohio."

He introduced House Bill 429, which would increase the penalties for reckless driving in a construction zone, including thousands in additional fines and a license suspension.

"Once somebody has to face a little stiff penalty, that might slow down the next time around," the lawmaker added.

Additional fines start at $400 — after the initial fine imposed for the offense and the mandatory safe driving course. On the second offense: $800 and 90-day license suspension. Additional offenses: $1,200 and a one-year license suspension.

The offense must be corroborated by at least two witnesses or a body camera, dash cam or roadside camera.

Although Bruning could not speak to the bill, he is worried fines won’t stop people.

"Even with the 'Move Over Law' that's currently in place, the penalties increase; with the 'Distracted Driving Law' that's currently in place, the penalties increase," he said. "Will it stop it?"

The bill also expands the definition of a construction zone, defining it as any street or highway that is under "construction, reconstruction, resurfacing, or any other work of a repair or maintenance nature, including public utility work."

Public utility work would include energy companies fixing poles, with Johnson referencing Columbia Gas being able to benefit from this.

"It's more than just highway jobs," the lawmaker said. "It's mostly private contractors and that's where some problems arise."

The work zone would start from where the first worker or piece of equipment is located and end where the last one is.

Legal experts said that this language is vague — and it's unclear what this could mean. This could likely allow moving vehicles to be considered construction zones — like snow plows.

WCPO's sister station in Cleveland, WEWS, asked for clarification from Johnson, who said if it doesn't include plows — he would be willing to amend the bill to add that.

"We're just concerned about the safety of the people that do this work," he added.

Within the first two months of 2024, 20 plows were hit.

RELATED: 12 ODOT snow plows struck by vehicles in first 19 days of 2024

"It's ridiculous and it needs to stop," Bruning said.

The bill is likely to be heard in the coming months.