Employees who use their cell phones while driving have become a major safety problem for organizations. Some organizations have banned employees (and contractors) from using cell phones while driving on company business. For example, ExxonMobil, recently won the praises of the National Safety Council for imposing such a ban. In addition, many insurance companies (including the one I work for) won't write auto coverage for organizations that don't ban cell phone use by employees while driving.

But implementing such a restriction isn't easy. Let me explain what the obstacles are and how to overcome them. There's also a model policy banning cell phone use that you can adapt for your organization. (SafetyXChange members can access the sample policy in Tools.)

Cell Phones & Safety

Cell phones were once a status symbol used by CEOs, jet setters and other elite members of society. Today, just about everybody uses them. Cell phone conversations are carried on for social purposes and to conduct business. Employers not only don't mind that employees use cell phones while working, but see it as a positive -- a form of multitasking that maximizes productivity.

This brings us to one of the biggest problems with banning cell phone use: Failure on the part of employees and employers to recognize the danger posed by using cell phones while driving. Multitasking is fine for people when they're at the workplace. But cell phone use and driving don't mix. Unfortunately, not everybody recognizes -- or admits -- that cell phones create dangerous distractions for drivers.

So the first task is to persuade employers and employees that cell phones use by drivers is a safety hazard.

Persuading Employers

I have found an effective approach to get employers to recognize the hazards of cell phones and driving. I stress the financial impact of potential lawsuits. It wins them over on the spot. It doesn't matter if the company has two dozen employees in one location or hundreds of workers across many states. The message is crystal clear: Cell phones pose a safety hazard - and an expensive one at that.

Cell phones lead to accidents. Accidents beget litigation. Plaintiff attorneys can (and do) subpoena cell phone records after motor vehicle accidents to determine if employee drivers were conducting business at the time of the accident. Their goal is to implicate the employer -- the deep pockets. In effect, then, letting employees use their cell phone when they drive exposes the employer to liability and the risk of major damage awards.

Employer Loses Over $16 Million

In one case, Bustos v. Leiva, a jury determined that the defendant, an employee driver, had been making a sales call at the time of the accident. So it awarded the plaintiff $20.98 million! The judge reduced the award to $16.1 million. But that's still a massive liability, one that's big enough to drive many companies completely out of business. Could your business afford an award like this?

Persuading Employees

The next challenge is to persuade employees. There are many studies showing that cell phone use impairs driving:

• Cell phone users are four times more likely than non-cell phone users to get into accidents;
• Cell phone users have the same risk of accidents as those driving with a blood alcohol level at the legal limit;
• Cell phone users take three times longer to activate their brakes than drivers under the influence of alcohol;
• Cell phone conversations distract the driver from the driving environment and potential hazards. This can lead to many unsafe actions, such as:
  • Not following at an appropriate distance in adverse driving conditions;
  • Not maintaining proper lane position; and
  • Not noticing or not recognizing traffic signals.

Studies also show that there is no difference in the level of safety between hands-free cell phone devices and hand-held cell phones.

Tips to Help Employees Adapt

Restricting cell phone use requires changing some habits. To help your employees adapt to your new cell phone policy, offer them these suggestions:

• Make appointments or report status to supervisor while on location before getting back on the road.
• When a call comes in while driving let it go to voice mail. Better yet turn the cell phone off to avoid the temptation to pick it up.
• Check messages at rest-stops.
• Employees who need only short sound-byte communications should consider a two-way text pager rather than a cell phone. (This will also save on your cell phone bill.)
• Concentrate on driving; it demands all of your undistracted attention.

Conclusion

We live in a litigious society. If your employees are distracted from driving while conducting your business on a cell phone, one lawsuit after an accident could put you out of business. Encourage your employees to use a cell phone judiciously and safely.

READER REPLY

Electrical Equipment & Warning Labels

Last week, we received the following note from a SafetyXChange member in response to the final installment of John Klingler's story on NFPA 70E and electrical safety:

"As an Instructor for electrical safety courses I must point out that it was stated in SafetyXChange on July 19, 2005 that NFPA 70E does not require a warning label on electrical equipment. This is an error. The warning label is specifically required in Section 400.11."

Author Reply

We showed the note to Mr. Klingler and asked for a reply. Here is what Mr. Klingler had to say:

"Your reader is exactly right; Section 400.11 Flash Protection does require a warning label. This language in NFPA 70E was taken from the 2002 National Electrical Code (NEC) and it is restated in the 2005 NEC.

"The distinction between the current language in NFPA 70E, including the NEC, and the intent of my comments are the content of the warning label. Neither the NEC nor 70E require that any information be provided to the worker other than 'Warning -- Potential Arc-Flash.'

"Label manufacturing companies sell generic labels that meet the requirements of the NEC and 70E, but, unfortunately, these labels do not provide the worker with needed information to help him or her select the appropriate PPE for the potential arc-flash, nor do they provide information on the arc-flash boundary.

"My experience has been that the facilities that have applied the generic labels affix them to all panels whether the potential of an arc-flash hazard exists or not, resulting in the labels eventually losing their value.

"I feel certain the 2008 NEC will add the requirement to provide pertinent arc flash/incident energy information on the warning labels; when they do, the NFPA 70E will follow. It should be noted that the NEC generally grandfathers existing installations from new code requirements. So unless they state otherwise, when the NEC starts requiring the additional information it will only apply to equipment installed after the code adoption date.

"I apologize that my article as written was unclear on this subject."

Preparing for Summer Storms

When it rains, it pours

Hurricanes and tropical storms bring not only heavy rain, wind and flooding but overwhelming stress. You can reduce some of this stress by being prepared. According to the American Red Cross and the National Hurricane Center, the best way to be prepared is to develop a family communications plan. In addition to helping you cope with the stress, a communications plans will also alleviate the concerns of relatives and friends about you after a storm.

To create your family communications plan, you should:

• Establish an out-of-town contact. Choose someone who lives far enough away that they won't be affected by the storm. Let them know that they're the designated contact.
• Create an emergency contact list with all family member's names, phone numbers (including home, work and cell), and email address. Be sure to include your out-of-town designate as well.
• Provide a copy of the emergency contact list to everyone in your family.
• Establish a safe room in your house or community where family members will meet in the event of a storm.

You should also pack a Disaster Supply Kit and consider what you'll do with your pets if you need to evacuate.

For more information on storm preparedness, visit the National Hurricane Center at www.nhc.noaa.gov.

Pop Quiz

Which six states are the most vulnerable to hurricanes and tropical storms?

Answer -- southern states on the Atlantic or Gulf of Mexico, including:

• Texas
• Louisiana
• Mississippi
• Alabama
• South Carolina
• Florida

Story Tools:  E-mail this to a friend  Print This Post Top