The Risk of ‘Intexticated’ Workers

Cell phones, Blackberrys and iPods now infiltrate work life as well as leisure time. These devices are affecting job safety, a not-so-good vibration being felt, literally, from coast to coast.

A Boston trolley driver is distracted while sending a text message and slams into another car, injuring scores of passengers. Even more horrific is the operator of a commuter train in Los Angeles who, while looking down to send a text message, hits another train and kills 20 people.

Virginia Tech Transportation Institute researchers revealed that a trucker looking down while texting for a mere six seconds while motoring at 55 miles per hour will travel the length of a football field, and not realize he traveled so far, so fast.

No longer is it only intoxicated drivers who are dangerous, it is the “intexticated” drivers, as well.

The Harvard Center of Risk Analysis estimates that cell phone activity contributes to 636,000 motor vehicle crashes, 330,000 injuries, and 2,600 fatalities each year. Although it’s hard to put a number on how many of those are work-related, it is safe to say employers need to be aware of potential ramifications. A few years ago a company settled for $16 million because one of its salespeople killed a person when driving while talking on a cell phone.

Some businesses have already banned cell phones. They understand the potential liability. Unfortunately, there are still employers who fail to realize the urgency of the matter. Too many believe that salespersons or the local delivery persons can’t work fast enough unless they are multi-tasking.

But it’s time to wake up and smell the risk. Because most assuredly the insurance company and their underwriters are standing downwind and it’s only a matter of time before they start sniffing around to see if employers have language in place prohibiting the use of cell phones while driving.

Several politicians and the American Transportation Association have already introduced legislation aimed at banning texting while operating a vehicle. The proposed bill will penalize states in violation of the law with the risk of losing 25 percent of their federal highway funding.

It’s not only the inappropriate use of cell phones that’s causing undo risk, it’s also injuries to workers listening to iPods while on the job. It’s when an employee is listening to ABBA instead of a listening to a co-worker yelling out a warning or hearing the beep-beep-beep of a forklift backing up. One aerospace manufacturer took a proactive approach by banning 1,500 of its employees from using iPods at work, even though there have been no incidents.

Human resources departments need to know the ramifications of the new technology in the workplace, put specific policy language into the employee handbook, properly train employees, and vigorously enforce those policies. By doing so, they can protect themselves from liability by showing that the employee knowingly violated a written safety rule.

Companies are putting themselves at risk should a distracted employee be involved in an accident. Plus, it is very likely that there would be a workers’ compensation claim.

We can’t idiot-proof the world. But we can add protection in the workplace and for the public. Nothing drives home this point better than the story of a 25 year old truck driver from upstate New York who was talking on a cell phone with one hand and texting with the other. He came up one hand short and lost control of his vehicle, careened across a front lawn and plunged his truck into a swimming pool, injuring a woman and her 8 year-old niece.

We can only hope that the company he worked for had the foresight to have an up-to-date policy on the do’s and don’ts of the new technology. Because recent cases have shown language is not enough. The company must also show it has enforced the policy and properly educated the employee.

Topics Auto