Is your company ready for a ban on cell phone use while driving?
April 2, 2012 by Fred HosierPosted in: cell phones and safety, In this week's e-newsletter, Injuries, Latest News & Views, Transportation safety, Workers' comp
PDF The National Safety Council (NSC) is encouraging companies to begin implementing total bans on cell phone use while driving for all employees. How would that go over at your company?
Two years ago, the U.S. House designated each April as National Distracted Driving Awareness Month.
So the NSC is offering its Cell Phone Policy Kit to employers interested in implementing or enhancing a no-cell-phone-while-driving policy.
Some reasons why companies should consider such a policy:
- Inattention is involved in more than 16% of fatal vehicle crashes and 22% of injury crashes
- An estimated 1.6 million crashes are caused by drivers using cell phones and texting each year, and
- Motor vehicle crashes are the No. 1 cause of worker fatalities.
No hands-free?
The NSC recommends that company bans include all types of cell phone use while driving, including: texting, hand-held conversations and hands-free conversations.
Such comprehensive bans have been tough sells. No state bans all cell phone use (hand-held and hands-free) for all drivers, but many prohibit all cell phone use by certain drivers:
- 30 states and D.C. ban all cell phone use by novice drivers.
- Bus drivers in 19 states and D.C. may not use a cell phone when passengers are present.
- 35 states, D.C. and Guam ban text messaging for all drivers.
- Some states such as Maine, New Hampshire and Utah treat cell phone use and texting as part of a larger distracted driving issue.
Public opinion isn’t there yet, either. Only 43% of the public supported a total ban according to a AAA survey in 2009. Support for texting and hand-held bans are much higher.
But one factor that might drive businesses to act before state governments is liability.
At issue: Does workers’ comp coverage kick in when an employee is injured off-site while using a cell phone for company business? If so, that will increase workers’ comp rates.
Insurance companies will surely offer strong defenses against such claims. And there are few legal decisions on such cases.
However, some cases have already started going against companies and their insurance agents, such as one in North Carolina. A school principal was in his car, talking to a co-worker on a cell phone issued by his employer when he was shot in the face by someone in a passing vehicle.
A workers’ comp commissioner awarded benefits to the principal. On appeal, the full state workers’ comp commission upheld the decision. The school district appealed to a state court which has also upheld the decision.
What do you think about the NSC’s proposal that employers should prohibit their employees from using hand-held and hands-free cell phones while driving? Would employees in your company go along with that? Let us know what you think in the comments below.
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Tags: cell phone ban, Distracted Driving Awareness Month, National Safety Council
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April 2nd, 2012 at 8:52 am
I am and always have been for banning all types of cell phone use while driving. And I don’t care what some might say about other distractions, cell phone use distracts a person 10 times more than anything else they can name. When I was growing up there were no cell phones and everyone got along just fine. If you need to make a call, pull off the road to a safe place. Just fumbling with your cell phone to try to see who is trying to get in touch with you is worse than all other distractions. I don’t know that if my employer put a “cell phone ban while driving” policy into affect would work or not but if you add the stipulation that any accident that happens while on the cell phone will not be covered by WC or any company insurances I’m sure that would make those defying the policy think twice. Any cell phone use while driving is worse than reading a billboard, playing with the radio, dealing with children, etc. It doesn’t matter who you are, nobody is anymore special than someone else.
April 3rd, 2012 at 9:56 am
I son’t know what the police will do if cell phones are banned as they always have cell phones stuck to the side of the head.
April 3rd, 2012 at 2:05 pm
I can understand and totally support the cell phone ban for handheld devices, but I have a bluetooth buikt into my new car which allows me to touch a button on my steering wheel and talk through a speaker above my head. I have no distraction other than talking. If I had someone in my car, would talking to them distract me? I think there has to be very specific laws. Despite having passed the cell phone use while driving in Oregon, I still see MANY MANY people driving with the phone attached to their ear, trying to change gears, and drink a coffee at the same time. Stupid people.
April 3rd, 2012 at 2:08 pm
My Company already has a no-cell phone policy in place unless you are pulled over and stopped.
As for this case….
A school principal was in his car, talking to a co-worker on a cell phone issued by his employer when he was shot in the face by someone in a passing vehicle.
Regardless of why he was on the phone the comp reasoning here needs to be why was he in his car? Was it something school related? Then aboslutely he should get comp. If it for personal business but talking to an employee about an issue at school…I think that’s where the grey area comes in. But if he’s working; he’s working and should be paid.