If it's construction it's construction regardless of whether they are working in an actual travel lane or on the shoulder. In Utah at least your speeding ticket will double regardless of where they are if you are pulled over for speeding near ongoing construction. I admit having looked for construction as an on the shoulder option, but on road makes sense as they are a definite hazard regardless of where they are actually working, where-as the on shoulder items, as noted with the cars, are not really that big of a risk, those are mostly a be aware, tow or other vehicles may be pulling off or the vehicle could decide to start moving again, but otherwise not that big a deal risk wise. Construction is a big deal risk wise.

In that case why not use: Report>Hazard>On Shoulder>Maintenance?
Would be unique
I`ve made this suggestion a couple of weeks ago already ... must be somewhere in the forum

There are two more hazard options that I would have used plenty of times: Hazard>On Road>Stopped/Stalled vehicle -and- Hazard>On Shoulder>Object On Shoulder. Hopefully, having unique items for the 'On Road' and 'On Shoulder' is not a requirement, because these options would be quite helpful.

I think they're trying to make all the options unique, so "construction" is tied in with "on road" and can't be used with "on shoulder" or anywhere else. Just a guess though.

They do need more options, but first they need to make the ones they have work correctly!