In April 2014, the Occupational Safety and Health Administration (OSHA) announced that it will treat any employer that does not have a policy prohibiting texting while driving as being
\nin violation of the General Duty Clause. This notice did not include emailing while driving, but it is likely that this will eventually be prohibited as well. There are also other actions
\nthat can cause distracted
\ndriving—such as eating or drinking—that have not been addressed by OSHA. It remains to be seen if future regulations will deal with these issues. <\/p>\n
Although this new regulation specifically prohibits the use of cell phones while driving, using a cell phone while elsewhere on the job site can also present a risk. An OSHA
\nrepresentative is very likely to issue a citation if they see an employee using electronics on the job site in a way that poses a safety hazard. <\/p>\n
As mentioned above, OSHA’s announcement in April categorized a lack of a policy prohibiting texting while driving to be a General Duty Clause violation. The General Duty Clause of the
\nOccupational Safety and Health Act requires an employer to provide its employees with a place of employment that is free of recognized hazards that will cause, or are likely to cause,
\ndeath or serious physical harm.
\nIn its announcement, OSHA stated that it considers texting while driving to be a recognized hazard. With this statement, OSHA has indicated that it considers texting while driving to be a
\nsignificant issue—one that cannot wait for the standard setting procedure under the Administrative Procedures Act (APA). The APA sets procedures for establishing a new administrative
\nstandard. With OSHA, the
\nprocedure can take 8 to 10 years. By using the General Duty Clause, OSHA is establishing guidelines that will have the force and effect of law, unless challenged. OSHA has set criteria
\nthat, if not met, will subject an employer to a General Duty Clause violation. <\/p>\n
In an April 15, 2014 OSHA QuickTake, the agency announced that texting while driving is considered in violation of the General Duty Clause if the employer does one or more of the
\nfollowing:<\/p>\n
At the same time, OSHA stated that it also requires a clear, unequivocal, and enforced policy against texting while driving. Such a policy should include the following elements:<\/p>\n
Remember, OSHA will not only be looking at your policy if you have an accident involving an employee while driving. A compliance officer may make this one of the standard programs he or
\nshe asks to review during the records review part of an inspection. <\/p>\n
It is also important to remember that safety while driving, or avoiding distracted driving, is not limited to texting while driving. Employers should also consider another major area
\nthat causes distraction: using a cell phone to place or take calls while driving. It is difficult, if not impossible, for an individual to devote complete attention to one task if they are
\nalso using a cell phone.
\nWhile the best choice is to completely turn off cell phones while driving, this is unlikely to happen. The next best option is to make intelligent choices about phone use. This entails
\nseveral things:<\/p>\n
The preceding points are the minimum steps that should be taken to ensure safe cell phone usage while driving. Having a cell phone usage policy that prohibits cell phone use of any kind
\nwhile driving may help your company mitigate potential damages. Such a policy would be useful if an employee had a motor vehicle accident involving cell phone use while completing company
\nbusiness. If an employee
\nhas an accident while using a cell phone, others involved in the accident may claim third-party damages against your company by alleging that your employee’s cell phone use was a cause of
\nthe accident. In fact, a business may be at risk for a lawsuit in such a circumstance if they do not have a cell phone policy. While such a policy is not a guarantee of eliminating or
\nmitigating damages, it is a
\nsignificant step in the right direction. Of course, if an business verbally contradicts its policy by giving the employee work that requires cell phone use will driving, this will nullify
\nthe benefits of the cell phone policy. <\/p>\n
Thinking beyond cell phone use while driving, it is important to consider the use of these devices in other situations on the job site. Cell phone usage should be prohibited in work
\nareas while work activity is going on. For example, cell phones should not be used while employees are engaged in potentially hazardous activities. More specifically, they should not be
\nused when their usage could
\nmake a regular work activity hazardous. <\/p>\n
Cell phones should certainly be prohibited when an employee is operating any heavy equipment, including forklifts or other powered industrial trucks. The hazards associated with the
\noperation of such equipment are magnified many times when employees are not dedicating 100% of their attention to what they are doing; and the hazards of operating a piece of powered
\nequipment on a job site increase
\nexponentially when employees use a cell phone to make calls or send and receive text messages or emails. <\/p>\n
Another issue is the use of such devices while an employee is doing manual labor. Again, employees’ safety is jeopardized whenever they are in a situation in which they cannot devote
\n100% of their attention to the job at hand. There have been incidents of employees walking into skylights or off the edge of an elevated work platform while concentrating on a cell phone
\ncall or returning a text
\nmessage or email. <\/p>\n
By publishing its policy on texting while driving, OSHA is sending a message to employers that it is starting to look more closely at what employees are doing on a job site. If OSHA is
\ntaking the position that texting while driving is a recognized hazard, it is only a small step to acknowledging any cell phone use while driving to be a recognized hazard. From there, it
\nis an even smaller step to
\nrecognize that the use of a cell phone on a construction site is a recognized hazard. Employers have an opportunity to be ahead of the curve on this issue; do not stop with a policy that
\nprohibits texting while driving. To ensure worker safety, it is advisable to move onto a broader policy that prohibits cell phone usage of any kind on any job site, except during
\nrecognized breaks or with the
\npermission of a foreman or superintendent. <\/p>\n","protected":false},"excerpt":{"rendered":"
In April 2014, the Occupational Safety and Health Administration (OSHA) announced that it will treat any employer that does not have a policy prohibiting texting while driving as being in violation of the General Duty Clause. This notice did not include emailing while driving, but it is likely that this will eventually be prohibited as<\/p>\n","protected":false},"author":[44],"featured_media":0,"template":"","categories":[],"class_list":["post-6831","articles","type-articles","status-publish","hentry","author-gary-auman"],"acf":[],"yoast_head":"\n