
In its Guidelines for Employers to ReduceMotor Vehicle Crashes publication (Guidelines), OSHA states that “every
12 minutes someone dies in a motor vehicle crash, every 10 seconds an injury
occurs, and every five seconds a crash occurs.” The Guidelines point out that
many of these incidents occur during the workday or commute to and from work.
Employers feel the impact of employee motor vehicle crashes regardless
of whether they occur during work hours or non-work hours. OSHA explains in the
Guidelines that implementing a driver safety program saves lives, protects
company human and financial resources, and guards against company and person
liabilities associated with crashes involving employee driving on company
business. The Guidelines contain 10 steps to help employers build a driver
safety program.
As part of its safe driving initiatives, OSHA has also issued a Distracted Driving Initiative Poster that focuses
on texting and driving. OSHA has taken the position in an open letter to employers that it is the employer’s
responsibility to have a clear and unequivocal policy against texting and
driving under the general safety duty clause of the statute. According to OSHA,
companies violate the general duty clause when their polices or practices:
- Require texting/emailing while driving;
- Create incentives that encourage or condone texting/emailing while driving; or
- Are structured in such a way that texting is a practical necessity for workers to carry out their job duties.
The data set forth in the Guidelines shows that driver safety policies
can significantly reduce preventable crashes. It is also clear that employers
have legal obligations under OSHA and its regulations to take steps to reduce
crashes. Implementing a good driver safety program can significantly reduce an
employer’s liability and costs.
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