November 28, 2021

Volume XI, Number 332

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Don’t Text and Drive! re: OSHA, Distracted Driving Awareness Month

April is Distracted Driving Awareness Month and OSHA has taken the opportunity to post a blog on the subject in which it reminds employers that “traffic accidents are the number one workplace killer.” OSHA does not require employers to have any type of a cell phone policy in place but in its “Distracted Driving: No Texting” brochure the Agency notes that “[w]hen your workers are behind the wheel doing your company’s work, their safety is your business.” The brochure goes on to say that if OSHA receives a “credible complaint” that an employer either explicitly or implicitly requires an employee to text while driving, it will investigate and issue citations if warranted. Given that OSHA does not have a specific standard regulating cell phone use and driving any such citations would likely be issued under OSHA’s General Duty Clause.

OSHA would like employers to be proactive by putting policies in place to ensure safe cell phone use. It recommends that employers spell out that texting and driving is prohibited, establish clear work procedures on when and how drivers should communicate with their employer or customers, include safe communication practices in employee training, and eliminate incentives that might encourage employees to text while driving.

To read more go to https://www.osha.gov/Publications/3416distracted-driving-flyer.pdf or http://blog.dol.gov/2015/04/14/protect-workers-from-the-no-1-cause-of-workplace-deaths/.

Jackson Lewis P.C. © 2021National Law Review, Volume V, Number 111
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About this Author

Tressi Cordaro, Occupational safety health attorney, Jackson Lewis, enforcement agency lawyer, labor litigation legal counsel
Principal

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested...

703-483-8300
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