Workplace Hazards

More than 50% of the United States prohibit drivers from texting while driving. The National Conference of State Legislatures maintains a chart of the current laws for each state on its website.



According to studies conducted by the Virginia Tech Transportation Institute (VTTI), new data provides insight into cell phone use and driving distraction. They found that texting while driving increases the risk of vehicle accidents 23 times more than that of the other activities studied (such as dialing, talking/listening to cell phone). You can find more details regarding these findings here.



“The Departments of Labor (DOL), Transportation (DOT) and Occupational Safety & Health Administration (OSHA) are joining forces in a campaign to stop distracted driving and save lives.” OSHA considers “texting while driving” to be a workplace hazard and an OSHA violation. See OSHA’s Distracted Driving page wherein employers are urged to take action to prohibit their employees from texting while driving:



“It is your responsibility and legal obligation to create and maintain a safe and healthful workplace, and that would include having a clear, unequivocal and enforced policy against the hazard of texting while driving. Companies are in violation of the Occupational Safety and Health Act if, by policy or practice, they 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.”



Employers are also warned that OSHA will investigate complaints received, will issue citations and impose penalties on those who fail to comply.



If your company does not have a cell phone usage policy, driver policy, employee handbook or other employer-related document that contains such a policy, contact the employment lawyers at Clouse Dunn LLP about the creation and distribution of a cell phone usage policy at [email protected].