OSHA Prohibits Texting While Driving

Motor vehicle crashes are the leading cause of worker fatalities, and distracted driving increases the risk of such accidents. Texting is the distraction of all distractions. The National Highway Traffic Safety Administration estimates that the risk of a crash for a driver who is texting is more than 23 times higher than an undistracted driver. President Obama has signed an executive order banning texting by federal employees while driving government vehicles. The Federal Motor Carrier Safety Administration issued regulatory guidance prohibiting commercial vehicle drivers from texting. Now OSHA has entered the fight against texting while driving. (Here and here.)

Under the Occupational Safety and Health Act, employers have a general duty to provide a workplace free of serious recognized hazards. OSHA has issued a letter to employers having employees who drive vehicles as part of their jobs, stating that these employers have a “responsibility and legal obligation” to have a “clear, unequivocal and enforced policy against the hazard of texting while driving.” The letter further states that “if, by policy or practice, [employers] require texting while driving, or create incentives that encourage or condone it, or they structure work so that texting is a practical necessity for workers to carry out their job,” this is an OSHA violation.

Do your employees’ jobs require driving? Do you have a distracted-driving policy? Such a policy should clearly state that it’s against company rules to text, email, or use a hand-held phone or communication device while operating a company vehicle, driving a personal vehicle on company business, or using a company-issued communication device. The policy should be communnicated to employees, taken seriously, and enforced. Require employees to acknowledge in writing that they have read and will comply with the policy. Then discuss the policy and the dangers of distracted driving at your next employee training meeting.