We’ve all seen the commercials. A man is sitting in a wheelchair, suffering from a severe brain injury and holding a sign with the text: “Where r”.
“This is the text message that caused the car accident that changed my life forever,” he says.
It gives me chills every time. Don’t even get me started on the one that shows the girl talking about how her sister died by reading a text message that she sent her. Let the hydraulic works begin.
When we think of distracted driving, what comes to mind first? Reckless teens and their non-stop texting on the go! But they are not the only culprits! We know many business professionals who are also guilty of this.
As the iPhone, iPad, iPod, and iCoffee (who knows, could be next) become ubiquitous, multitasking behind the wheel has become a common workplace hazard.
There are business owners and leaders who hate to think they are “wasting” time during the day and therefore fill their driving time with conference calls and use traffic lights to respond to “urgent” emails.
Go. You know these people. Maybe you work for these people. Maybe you are these people. (No need to confess. We know you’re out there.)
While a whopping 94 percent of drivers agree that texting or emailing while driving is unacceptable, more than a third of drivers reported in a 2011 survey that they had done both in the previous month.
But let’s take a second to think about the risks…
Using a cell phone while driving quadruples the risk of an accident, according to the National Council on Safety (NCS). But this topic now goes beyond hurting yourself or hurting those with whom you share the path. You are also putting your business at risk.
A worker who causes an accident while reading email or texting at work can expose an employer to millions of dollars in liability for loss of life, in addition to the costs of property damage and lost productivity.
Don’t you believe us?
Under a legal theory called dependent superior, or “vicarious liability,” an employer can be held liable for an employee’s negligent activity if the employee “was acting within the scope of his or her employment at the time of the accident,” a concept that has loosely defined in court cases, according to the NCS.
In a 2012 report on corporate liability for distracted driving, the NCS cites several cases, including a fatal accident in 2007 in which the driver and the company that owned the vehicle were found liable for nearly $22 million after testimony indicated that the employee may have been on a personal cell phone call at the time.
In another case, a lumber company settled for $16 million (the combined limits of employer and employee insurance policies) after a salesperson talking on a cell phone rear-ended a vehicle, incapacitating an elderly woman. .
And in Illinois, a state trooper who responded to an accident exceeded 120 mph on a highway while on the phone with his girlfriend and using email before losing control of the patrol car, the NSC said. The resulting crash killed two teenage sisters, whose family received $8 million, and injured a couple in another vehicle.
These are just some of the examples included in the report. Whatever the situation, the message is clear: distracted drivers pay a heavy price.
Cracking down on distracted driving laws and penalties affecting your business
As of September 2012, 39 states, Washington, DC, Guam, and the Virgin Islands have banned texting for all drivers, and talking on a cell phone while driving is prohibited in 10 states, DC, Guam, and the Virgin Islands. Virgins. according to the Governor’s Highway Safety Administration.
The federal Department of Transportation and the Occupational Safety and Health Administration (OSHA), along with safety advocates, are promoting an anti-texting-while-driving campaign aimed at employers. OSHA says it will investigate credible complaints from employers requiring texting while driving and, if necessary, cite and penalize violating companies.
In 2009, President Barack Obama issued an executive order that prohibited federal employees from texting while driving on the job and in government cars and trucks.
The Federal Motor Carrier Administration banned the use of handheld mobile phones by commercial drivers in late 2011.
So what should you do to protect your business?
While airlines, railroads, and truck and bus companies can be accused of focusing on transportation safety, until now companies without large fleets haven’t thought much about it. But it’s time.
The National Safety Council (NSC) recommends that employers design cell phone policies “to follow best safety practices, reduce significant risk, and minimize liability,” including prohibiting the use of mobile and handheld devices. hands-free while driving for all employees, all company vehicles. , all company mobile devices, and all work-related communications.
We agree that companies should adopt distracted driving policies that prohibit the use of electronic devices while operating a vehicle.
But as we all know, having a policy is only the first step. Making sure your employees know about it and abide by it is the biggest challenge.
So how do you prevent your employees, supervisors, and managers from conducting business on the road to protect their lives and the lives of your company?
We believe that the best way to enforce a new policy is to not only lead by example, but spread the word in the office.
- Talk about it at your next team meeting.
- Hang a poster in the break room.
- Send an email to all employees about the new policy.
Don’t let me forget it! You can even have your employees take a “No Texting and Driving Pledge.”
You must emphasize to your employees how serious this matter is. It really is about life and death. If all else fails, have them watch the heartbreaking “It Can Wait” videos. That should do the trick!
To download the National Safety Council report, “Employer Liability and the Case for Comprehensive Cell Phone Policies,” click here.
If you need help developing or updating your policies, contact Integrity HR’s human resources professionals. We can help you with all of your human resources needs, including employee handbooks.