DWD – Distracted While Driving
This past week Kentucky instituted a no texting while driving ban. That makes 30 States with laws forbidding texting while driving; Ohio currently doesn’t limit texting or cell phone use, although Columbus and Cleveland do, and Indiana provides limits statewide for those under the age of 18 – see all States.
Seems obvious enough – one can’t type while DRIVING. Of course I feel this way about: applying make-up, shaving and (couldn’t believe I saw this one) reading the newspaper. It’s just amazing to think about some of the absolutely idiotic things we try to do while driving a 4,000+ pound vehicle at 65 miles per hour (or faster). Yes – I talk on my cell phone while driving (no, not the safest thing to do), but I also “yell” at my kids sitting in the back of the car while driving…talk about a distraction! Oh and I also eat while driving – who doesn’t. But I think an activity were you’re eyes are on the road, if not your undivided attention, is “safer” than one were you aren’t even watching the road or cars around you. I can multi-task, but I’m not THAT good!
It’s easy to joke about (and justify our own need for) distracted driving, but in all seriousness employers need to take a hard look at their policies with regard to driving and cell phone use (and texting). While it might seem obvious for employers in the business of transportation to have policies for cell phone use in vehicles, it’s just as important for employers in other industries. Any employer can be held liable for accidents caused by an employee’s work-related cell phone use – even for work-related phone calls made outside of regular work hours. Having a cell phone use policy won’t totally protect you from liability, but offers better protection than no policy at all. Without an adequate policy, not only would you be liable for any damages resulting from your employee’s actions, but you could be cited for negligence.
Be sure to have a policy in place that addresses employees use of a cell phone (both personal and company-owned) for work-related business and outlines the use of cell phones while operating a vehicle (again, both personal and company-owned). Your policy should spell out the parameters in detail since it’s the work-related need for using the phone call that triggers the liability. Don’t forget to address texting in your policy. Many employers opt to require employees to adhere to State regulations, while others enforce stricter rules.
For another interesting article on texting and cell phone use on-the-job, read New Road Rules for Texting Workers.
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