*By Stephen S. Zashin
The Department of Transportation (DOT) announced September 21, 2010, during the National Distracted Driving Summit,
that the agency will implement a new rule banning commercial truck
drivers from texting while transporting hazardous materials. The rule
will also ban train operators from using cell phones or other wireless
devices while working. Drivers cited for texting will be subject to
civil or criminal penalties of up to $2,750.
The announcement comes as no surprise as the agency has begun
to crack down on distracted driving. The DOT stated that nearly 5,500
people were killed and 450,000 injured in distraction-related crashes in
2009 alone.
These new rules complement additional rules being finalized by
the Obama Administration that prohibit commercial bus and truck drivers
from sending text messages on the job. Federal employees driving on
government business are already prohibited from texting and 30 states
currently ban text messaging for all drivers.
The DOT reports that nearly 1,600 companies have agreed to be
part of a program to encourage private firms and groups to implement
distracted driving policies. In addition, 550 organizations have
already pledged to enact distracted driving policies for their
employees. Both of these initiatives are estimated to cover twelve
million U.S. workers within the next year.
If your company does not have a policy about employees driving
while texting or talking on a cell phone, you should consider whether
such a policy makes sense for your organization.
*Stephen S. Zashin, an OSBA Certified Specialist in
Labor and Employment Law, has extensive experience in all aspects of
workplace law, including drafting workplace policies for employers. For
more information about Ohio employment law, please contact Stephen at
216.696.4441 or ssz@zrlaw.com.
