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Showing posts sorted by relevance for query cell phone. Sort by date Show all posts
Showing posts sorted by relevance for query cell phone. Sort by date Show all posts

Thursday, August 9, 2012

Cell Phone and Brain Malignancies: The Right to Know Radiation Act

English: Mobile phone evolution Русский: Эволю...
(Photo credit: Wikipedia)
As the controversy continues to rage over whether cell phone radiation can be linked to an increased risk of brain cancer, recently introduced legislation in the US Congress would offer the public more information to make educated choices over purchase and use of cell phones.

Congressman Dennis Kucinich (D-OH) has introduced H.R. 6358, the Cell Phone Right to Know Act, a bill to grant a consumer’s right-to-know by providing for warning labels on cell phones. It would also create a new national research program to study cell phones and health and require the Environmental Protection Agency to update the outdated Specific Absorption Rate (SAR). A federal appeals court in San Francisco is expected to consider a local right-to-know ordinance this week.

“Consumers have a right to know the radiation levels of cell phones and whether they are buying the phone with the lowest – or the highest – level of exposure to cell phone radiation. They also deserve to have up-to-date exposure standards that are put together by health professionals without conflicts of interest,” said Kucinich.

When Kucinich first called a hearing on the issue as Chair of the Domestic Policy Subcommittee on September 25, 2008, Dr. Ronald Herberman, then Director of the University of Pittsburgh Cancer Institute, testified to the Subcommittee, “I cannot tell this committee that cell phones are dangerous, but I certainly can't tell you they are safe.”

Last year, the World Health Organization finished its assessment of the evidence about the links between exposure to radiation from cell phones and health problems. They concluded that there was enough evidence of a link to classify it as “possibly carcinogenic to humans,” placing it in the same category as lead and mercury.

The long-awaited Interphone study, a major inquiry into the potential links between cell phone use and tumors, concluded that when taken as a whole, there was not a link. However, when the data was broken down, more risk was found and the picture became clearer. Those using their cell phones typically only 30 minutes per day or more were found to have a 40% increased risk of a type of brain tumor called glioma, when compared to someone who had not used a cell phone. If the phone is used mostly on one side of the head, the risk is 96% more than someone unexposed to cell phone radiation.

“It took decades for scientists to be able to say for sure that smoking caused cancer. During those decades, the false impression created by industry supporters was that there was no connection between smoking and cancer, a deception which cost many lives. While we wait for scientists to sort out the health effects of cell phone radiation, we must allow consumers to have enough information to choose a phone with less radiation,” said Kucinich. “As long as cell phone users may be at increased risk of cancer or reproductive problems, Americans must have the right to know the radiation levels of cell phones.”

The warning labels required by H.R. 6358 would show the RF radiation emissions from the phone, legal limits and health-based goals for safe exposure. According to the Federal Communications Commission (FCC) the SAR is “the amount of radio frequency energy absorbed by the body when using a mobile phone.” The current SAR sets a maximum level of radiation emission at 1.6 watts per kilogram. The current SAR does not take into account vulnerable populations like kids or pregnant women. It also assumes a person’s only exposure is from the phone in use, but with WiFi, “smart phones,” and Bluetooth technologies, exposure to only one wireless device is increasingly rare, especially in urban environments. A Government Accountability Office report on cell phones and health is expected to be released soon.

More articles about the issue of cell phone radiation
May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...
May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...
May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...

May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...
May 23, 2012
A recent survey reflects increase employer concern over cell phone use while driving. Such written policies may encourage courts to bar employees who engage in such activity from recovery under workers' compensation ...
Jul 07, 2011
National Cell Phone Ban Proposed by Congress. Cell phone abuse while driving has been proposed by Congresswoman Carolyn McCarthy (D-NY4). Distracted driving accidents are soaring and are now emerging as a major ...
Nov 29, 2011
The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in ...
Mar 27, 2012
Cell phone injuries have been linked medically by published studies. "The authors warn users of cell phones to look out for ear symptoms such as ear warmth, ear fullness, and ringing in the ears (tinnitus) as early warning ...

Wednesday, September 12, 2012

Cell Phones, Glioma and Cancer in the Workplace

NEW YORK, NY - MAY 31:  A woman speaks on her ...
 In a new report by 31 scientists meeting at the World Health Organization's International Agency for Research on Cancer (WHO/IARC) it was found that using a mobile phone may increase your risk for certain kinds of brain cancers. While further scientific work will be conducted, the group of scientists from 14 countries classified cell phones in the carcinogenic category 2B, which is similar to the pesticide DDT and gasoline engine exhaust. (Image credit: Getty Images via @daylife)
Cell phones continue to have an increased use in the workplace and may join the ranks of other workplace carcinogens shortly. The World Health Organization has identified cell phones as a potential cause of glioma, a brain cancer. This may produce the next wave of workers' compensation claims.

The WHO/International Agency for Research on Cancer (IARC) has classified radiofrequency electromagnetic fields as possibly carcinogenic to humans (Group 2B), based on an increased risk for glioma, a malignant type of brain cancer, associated with wireless phone use.

Additionally cell phone usage on the road by employees has been classified as  "distracted driving," and a major road hazard. Federal Regulations have been placed into effect limiting their use by commercial interstate transportation carriers.

More About "cell phones"
Aug 09, 2012
As the controversy continues to rage over whether cell phone radiation can be linked to an increased risk of brain cancer, recently introduced legislation in the US Congress would offer the public more information to make ...
May 23, 2012
A recent survey reflects increase employer concern over cell phone use while driving. Such written policies may encourage courts to bar employees who engage in such activity from recovery under workers' compensation ...
Mar 27, 2012
Cell phone injuries have been linked medically by published studies. "The authors warn users of cell phones to look out for ear symptoms such as ear warmth, ear fullness, and ringing in the ears (tinnitus) as early warning ...
Jan 19, 2012
The Federal Motor Carrier Safety Administration (FMCSA) recently announced Rules that it is prohibiting the use of hand-held cell phones by interstate truck and bus drivers. As the Rules take effect is is anticipated that many ...

Friday, November 2, 2018

The Evidence Mounts on the Causal Link of Cell Phones and Cancer

The US National Institute for Environmental Health Sciences [NIH} has just published a final report linking cell phone radiation exposure to the production of tumors in mice. This animal study that confirms the causal relationship between radio frequency radiation of cell phones and cancer in animals is a significant step forward to establishing a causal relationship in humans.

Saturday, May 28, 2016

Radiation Exposure: Major New Study Links Cell Phone Exposure to Cancer in Rats

A new study conducted by the US National Toxicology Program has linked radiation from cell phone exposure to cancer in rats. This report reignites the controversy that was sparked by earlier scientific research of the positive causal relationship. Those studies were downplayed by the Industry. Workplace exposures may ultimately result in in a surge of disease and an epidemic of workers' compensation claims in the near future.

Thursday, July 7, 2011

National Cell Phone Ban Proposed by Congress


Cell phone abuse while driving has been proposed by Congresswoman Carolyn McCarthy (D-NY4).  Distracted driving accidents are soaring and are now emerging as a major cause of work-related accidents.

Distracted riving claims are a major liability issue for employers and their insurance carriers. Liability falls upon the employers for workers' compensation benefits, potential liability damages by innocent injured third-parties, and subject employers to fines by regulatory agencies such as The Occupational Safety and Health Administration (OSHA).

McCarthy, a victim of an accident caused by testing while driving, is a former nurse who has made public health and safety a hallmark of her tenure in Congress, has announced new federal legislation that would create a single national standard prohibiting the use of handheld mobile devices while driving.


“Driving while making a phone call, texting or using apps can be as dangerous as driving drunk, and much more common,” Rep. McCarthy said.  “With some basic commonsense rules that are already in place in some parts of the country, we can reduce injuries and save lives in America.”

The Safe Drivers Act of 2011 focuses on two primary efforts.  First, it directs the Secretary of Transportation to establish minimum regulations that ban the use of hand-held mobile devices on a public road while operating a moving or idling motor vehicle, except in the case of an emergency.  There are exclusions, including voice-operated, vehicle-integrated devices, as well as voice-operated GPS systems.

The bill also requires the DOT to conduct a study on distracted driving, focusing particularly on the issue of cognitive distraction and the impact of distraction on young and inexperienced drivers.  In two years, the DOT must report the findings of this study to Congress and provide recommendations for revising the minimum distracted driving prohibitions and penalties states must comply with.

The penalty for not complying with the DOT’s minimum standards within two years of enactment would be a withholding of 25 percent of a state’s federal highway transportation funding.

The legislation is modeled after the nation’s federal Blood Alcohol Content standard, the violation of which also results in a withholding of federal transportation funds (though no state has been in violation of the federal BAC standard).  States that are penalized can actually receive their funds as soon as they are in compliance with federal law.  Click here to read the full legislation

With a potpourri of laws in different states, including some states with no laws whatsoever limiting cell phone use while driving, distracted driving is rapidly becoming a deadly problem across the nation.

According to the National Highway Traffic Safety Administration, 5,474 people died as a result of driver distraction in 2009, making up about 16 percent of all fatalities as a result of auto crashes that year.

According to the Insurance Institute for Highway Safety, using a cell phone makes a driver four times more likely to be in an accident that causes injury.

Right now, 13 states have no laws addressing handheld voice calls.  They are Alaska, Florida, Hawaii, Idaho, Missouri, Montana, Nevada, Ohio, Pennsylvania, South Carolina, South Dakota, Wisconsin and Wyoming.

Ten states have no laws addressing texting while driving.  They are Arizona, Florida, Hawaii, Idaho, Montana, Nevada, Ohio, Pennsylvania, South Carolina and South Dakota.

Eight states have no laws whatsoever limiting the use of cell phones while driving, whether for voice calls or texting.  They are Florida, Idaho, Montana, Nevada, Ohio, Pennsylvania, South Carolina and South Dakota.

Only 8 states prohibit all drivers – including novice drivers, bus drivers and regular adults – from using handheld cell phones while driving.  They are California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington.

According to the Insurance Institute for Highway Safety, immediately after New York banned cell phone use while driving in 2001, cell phone use declined an estimated 47 percent.  Since then over time, handheld cell phone use by New York Drivers is down an estimated 24 percent.

 Kelly Cline, a Buffalo, NY-area mother who lost her 20-year-old son A.J. Larson in a texting-while-driving accident in 2007 and co-founded the 1,000-member Families Against Texting While Driving organization, gave the Safe Drivers Act of 2011 a very personal endorsement.

“I know all too well the tragic outcome that distracted driving can lead to in a split second,” Ms. Cline said.  “No one should lose their life because of an easily avoidable problem that society hasn’t made a serious issue of.  I hope that what happened to my family serves as a wake-up call to our legislators, and I thank Congresswoman McCarthy for her leadership.  Hopefully we can raise awareness about distracted driving and stop another tragedy from happening.”

Friday, October 19, 2012

Italy's Supreme Court Rules Cell Phone Brain Cancer Work Related

Italy's Supreme Court today upheld a work-related brain cancer claim for an executive who was required to use a cell phone on the job. Workers' Compensation benefits were awarded. The Court relied upon scientific studies (Hardell) to support its decision. 

The World Health Organization (WHO) has reported that the International Agency for Research on Cancer has classified electromagnetic fields produced by mobile phones are possibly carcinogenic to humans.

Click here to read: "Italy court ruling links mobile phone use to tumour" (Reuters)


"Marcolini developed a so-called neurinoma affecting a cranial nerve, which was apparently not cancerous but nevertheless required surgery that badly affected his quality of life.He initially sought financial compensation from the Italian Workers' Compensation Authority (INAIL) which rejected his application, saying there was no proof his illness had been caused by his work. But a court in Brescia later ruled there was a causal link between the use of mobile and cordless telephones and tumours. Italy's supreme court rejected an INAIL appeal against that ruling on Oct. 12 though its decision was only reported on Friday."


Read More About Cell Phone Use and Work-Related Exposures

Sep 12, 2012
In a new report by 31 scientists meeting at the World Health Organization's International Agency for Research on Cancer (WHO/IARC) it was found that using a mobile phone may increase your risk for certain kinds of brain ...
Aug 09, 2012
As the controversy continues to rage over whether cell phone radiation can be linked to an increased risk of brain cancer, recently introduced legislation in the US Congress would offer the public more information to make ...
May 23, 2012
A recent survey reflects increase employer concern over cell phone use while driving. Such written policies may encourage courts to bar employees who engage in such activity from recovery under workers' compensation ...

May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...

Related articles

Saturday, July 30, 2011

Cell Phones and Cancer: The Static in the Debate

A recently published European study boldly and with much confusion declares that children are not at an increased risk of cancer as a result of cell phone use. Knowledgeable commentators has questioned the reliability of the data and analysis resulting in questioning the veracity of the European study altogether.

Microwave News reported:
'The first study to look at brain tumors among children and teenagers who have used cell phones came out today and it shows no increased risk. Well, actually, the study, known as CEFALO, does indicate a higher risk —the problem is that it found a higher risk for all the kids who used a phone more than once a week for six months, regardless of how much time they spent on the phone. Because the risk does not go up with more use, the CEFALO team argues that the results argue against a true association.

Professor Franklin E. Mier, PhD, CID, Environmental and Occupational Health SciencesCUNY School of Public Health at Hunter College, commented:
"A study may provide "evidence for," or more rarely, evidence against an increased risk associated with an exposure. The exposure should be further characterized by level and duration. The evidence might further be characterized as "clear," "some" or "equivocal." In studies of people, either single studies or a collections of studies, "chance, bias, and confounding" must be evaluated, which impacts the strength of the evidence derived from the study. Studies failing to find an association should be characterized as "null" rather than "negative."

"Each newly published study should be characterized in the context of previous studies, evaluated as a group. IARC characterized the body of evidence previous to the study reported here as "limited." Those who wish to make their own evaluation should read the IARC monograph in detail. Personally, I don't think the body of evidence will ever advance beyond "limited" evidence. Also, resources and media attention will continue to be devoted to restudying this exposure (as opposed to other exposures of concern) because rich people use cell phones.

Dramatically conflicting studies are now surfacing. The signal is not yet clear and the static will have to resolve before the causal connection between cell phone use and cancer can be ruled out.


Related articles

Sunday, October 10, 2010

Cell Phone Safety and Workers Compensation

Workers' Compensation benefits may soon be denied to employees involved in motor vehicle accidents because of the unauthorized use of cell phones while driving within the course of their employment. As the US Department of Transportation (USDOT) continues to educate Americans with overwhelming statistical evidence that distracted driving is a major cause of accident, the denial of benefits to cell phone users may become a major incentive to create a safer work environment.

Meanwhile, the US Department of Transportation is leaning toward banning all use of cell phones by drivers. At the second national USDOT summit on the increased hazards of the use of cell technology  a major campaign was launched to encourage employers to outright  ban the use of cell phones by employees while working.

Employers have become increasingly concerned over employee "cognitive distraction" caused by the use of cell phones in motor vehicles as more data has become available associating driver cell phone use with accidents. Methods of enforcement will include the use of traffic cameras as the system already hss the capability of detecting drivers who are using telephones while driving. Evidentially, telephone billing records produced post accident can be used to corroborate the fact that an employee was using a telephone while working.

The precedent of using the workers compensation acts to make occupational environments safer is already established. The denial of workers' compensation benefits for unsafe actions by employees has previously been incorporated into law and has been an economic incentively for employers to reduce costs. Employees who are under the influence of drugs or alcohol, and those who fail to use employer provided safety devices, have already been denied benefits in some jurisdictions.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Wednesday, February 13, 2008

Employee Cell Chat Results in $5.2 Million Payment to Widow by Employer

The distractions caused by cell phone use and other electronic gadgetry are increasing the exposure of employers to monetary exposure well beyond those benefits that employers are covered for under their workers’ compensation policies. A fatal accident contributed to by the employee’s use of a cell phone while driving resulted in a recent settlement of $5.2 million.

While employers’ are shielded to limited and scheduled statutory benefits under workers’ compensation for injures arising out of and in the course of their employment, injured third parties may pursue a civil action against the employer for the employees negligence. An employee who was distracted by cell phone use caused a motor vehicle accident that resulted in the death of a widowed mother of four children. Her estate filed a civil claim against the employer alleging that employee was negligent for using the cell phone while driving.

In a recent article in TRIAL magazine, Robert L. Sacks Jr., discusses the liability caused by text messaging and other distractions while driving. “Drivers with one hand on the wheel and one hand on the phone are a common sight, at least in states where it’s still legal to talk and drive. But the cell phone is only one of many potential high-tech distractions. It’s now possible to talk, text-message, take pictures, check the global positioning system (GPS), adjust the satellite radio, scroll through the pages of your MP3 player, send e-mail, and try to drive—all at the same time.”44 TRIAL 2 (February 2008).

Sacks cites the work of psychologists at the University of Utah that it is 50% more dangerous to drive while text messaging than while talking on a cell phone. This increase a serious danger to motorists.

This enhanced risk can result in serious economic liability to employers who permit or direct their employees to become distracted while driving in the course of their employment. Employers maybe wise to immediately issue rules prohibiting such activity.

Wednesday, May 29, 2013

US Publishes Guidelines to Minimize Distracted Driving

Transportation accidents rank on the top of the list for worker fatalities. Now the federal government is attempting to reduce that number by restricting distractions while driving.driving. Voluntary guidelines reduce visual-manual distraction - the greatest safety risk to drivers in NHTSA's new study

U.S. Transportation Secretary Ray LaHood today released distraction guidelines that

encourage automobile manufacturers to limit the distraction risk connected to electronic devices built into their vehicles, such as communications, entertainment and navigation devices.

"Distracted driving is a deadly epidemic that has devastating consequences on our nation's roadways," said Secretary LaHood. "These guidelines recognize that today's drivers appreciate technology, while providing automakers with a way to balance the innovation consumers want with the safety we all need. Combined with good laws, good enforcement and good education, these guidelines can save lives."

Monday, August 1, 2011

Employers Risks Increase From Cell Phone Use

The results of a recent survey of US construction industry managers reflects that employers are now facing an increased risk of lawsuits for damages caused by accidents that their  employees have had while using a cell phones while driving at work. The survey demonstrates that the passive action by employers, by merely having a written cell phone policy, is ineffective to stop distracted driving accidents caused by cell phone use.

The study, published by Zoom Safer Inc. , reveals that 72.1% of construction companies already have a written policy restricting employee cellphone use while driving. The findings of the survey disclose that 25.2% of the companies have knowledge or evidence that employee vehicle crashes occurred as a result of distractions arising from the use of cell phones while driving. The economic consequences for those companies could  be severe since 10.8% of the companies responding to the survey reported that the accidents have resulted in lawsuits against the employer for employee's use of the a cell phone while driving.

While workers' compensation is a no fault system of insurance, the surge of claims caused by distracted driving by employees, will ultimately result in severe economic consequences to the employer. It is more than obvious that the economic liability to employers will be a driving force for employers to take a more active roll in curbing cell phone use, and for insurance carriers to reconsider the the need to transferability to employers to reduce distracted driving claims.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Friday, May 21, 2010

Cell Phone Use and Occupational Cancer: The Jury is Still Out

study by a 13-country team of experts concludes that it is unable to reach a definitive conclusion on the causal relationship between cell phone use and cancer. That is not necessarily a good thing. The experts were able to agree that the interpretation of the data was disputed, and does point to the conclusion that a long-term brain tumor risk may exist.

Cell phone use has disturbingly has become ingrained in the work environment. Distracted driving caused by cell phone use has been identified as major cause of accident.

Unfortunately, if there is further delay in reaching a definitive conclusion on the association of cancer with cell phone use, then any necessary precautions will not be invoked and potential malignancies will continue. 

To read more about cell phone use and occupational accidents.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

Sunday, September 19, 2010

The Trend to Exclude Distracted Driving From Workers' Compensation Coverage

The trend nationally is to prohibit the use of cell phones in motor vehicles. Such a ban would make use of a cellphone while working a deviation from employment and accidents involving cell phone use at work would then be considered a deviation from employment and excluded from workers' compensation coverage,

Citing cell phone usage while driving, the Federal Government is making a major initiative to get workers off cell phone while at work. U.S. Transportation Secretary Ray LaHood today announced the agenda for the second national Distracted Driving Summit to be held on September 21st , 2010 in Washington, DC.

Building on the success of last year’s summit, Secretary LaHood will convene leading transportation officials, safety advocates, law enforcement, industry representatives, researchers and victims affected by distraction-related crashes to address challenges and identify opportunities for national anti-distracted driving efforts. U.S. Labor Secretary Hilda Solis, U.S. Senator Jay Rockefeller and U.S. Senator Amy Klobuchar will also speak at the summit. 

“Thousands of people are killed or injured every year in accidents caused by distracted drivers,” said Secretary LaHood. “One year after our first national Distracted Driving Summit, we will reconvene to take stock of our progress and reassess the challenges and opportunities that lie ahead. I look forward to hearing insights from our distinguished panelists and guests, and know that by working together, we will save lives.”

The 2010 Distracted Driving Summit will be live webcast at www.distraction.gov, enabling the participation of people around the country. US employers are urged to set policies to prohibit the use of cell phones at work. "Use a variety of organizational channels to communicate with employees the company's commitment to safety and health and specifically to the nonuse of cell phones and texting. Make it clear to your employees that the expectation is that they will NOT talk or text on their cell phones while driving on company time or in company vehicles. Have employees sign a contract that says they will not violate the organization’s ban on texting and driving."

Many State Laws already ban the use of cell phones while driving. Sample legislation to be used as a starting point for states crafting new laws to prohibit texting while driving has been encouraged. 

Making the workplace safer is a major purpose of workers' compensation law. Public policy will certainly support the effort to end distracted driving. The trend to exclude coverage for distracted driving is a signifiant move in the right direction to help workers steer clear of accidents.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Related Articles

Friday, July 31, 2009

Working While Texting: The New Workers Compensation Defense

New technology encroaching upon the workplace has been both a help and a hindrance. Recent studies add to the growing volumes of data reporting that the use of cell phones while driving provides a significant distraction and increases the risk of accidents at alarming rates.

A recent study by the Virginia Tech Transportation Institute (VTTI) has adds to mounds of data that the use of cell phone technology is a driving distraction. The study combined more than 6,000,000 miles of driving and causally relates the use of cell phone technology and the increased risk of motor vehicle accidents. The study concluded that merely dialing a cell phone while driving produces an accident risk of 2.8 times as high as a non-distracted driver. The use of a heavy vehicle or truck, normally used in commercial situations, increased rate of a risk of crash of 23.2 times as high as the non-distracted driver. The report concludes that “…..texting should be banned in moving vehicles for all drivers. “

“Given recent catastrophic crash events and disturbing trends, there is an alarming amount of misinformation and confusion regarding cell phone and texting use while behind the wheel of a vehicle. The findings from our research at VTTI can help begin to clear up these misconceptions as it is based on real world driving data. We conduct transportation safety research in an effort to equip the public with information that can save lives,” says Dr. Tom Dingus, director of the Virginia Tech Transportation Institute.

Workers’ compensation is based upon a no-fault system, and few defenses exist that bar recovery. Defenses such as intoxication or working under the influence of controlled dangerous substances may limit or bar recovery in many jurisdictions. Generally, if an accident or injury was the sole or proximate cause of the prohibitive activity, recovery will be denied.

Public outrage as to the findings of the VTTI study has quickly generated into proposed Federal legislation, by Sen. Charles E. Schumer (D. N.Y.) and three other Democrats, to ban the use of cell phones for texting while driving. Only 14 States have enacted progressive legislation to outright ban texting while driving.

Accidents and injuries at work have a devastating economic impact on a State’s economy. The study will assist State legislatures and courts to recognize that manual manipulation of phones, such as dialing and texting of the cell phone, results in a substantial increase in the risk of being involved in a safety critical event. Workers’ compensation benefits may be prohibited by statute for working while texting (WWT) . In the alternative Courts, may merely consider such events as a risk not associated with the employment, ie. a communication not related to employment or an employer prohibited activity, or, in some instances, a mere deviation from employment. Audits of wireless communication records will assist in providing a data trail.

The Center for Truck and Bus Safety at VTTI, by publishing the study, has made a significant contribution to workplace safety. The message has now been sent for action to be taken to eliminate this safety risk at work.

Tuesday, November 16, 2010

Lloyds Report Targets Potential Cell Phone Liability

Yet another reason why employers should be concerned with the risks of distracted driving has been reported by Lloyds of London. A recent report considers the electromagnetic fields (EMF) from mobile phones a potential risk to health.

The report reviews the medical causation issues involving a myriad of conditions ranging from brain cancer (acoustic neuromas and gliomas) to central nervous system effects, as well as reproduction and biological development consequences of EMF exposure over the long term. In reviewing historical litigation trends, the Lloyds report compares the legal consequences of asbestos exposure and the development of mesothelioma and analyzes the complicity and enormous liability that resulted from corporate concealment and conspiracy.

With over 4.3 billion mobile phones in use worldwide as of June 2009, this report increases the concern of employers who are already experiencing increased liability because of the use of cell phones while driving. A major initiative is underway by US Department of Transportation to curtail the use of cell phone by employee while driving because of the increase risk of motor vehicle accidents.

As workers’ compensation insurance carriers have already been challenged by significant losses as a result of occupational exposure to asbestos, the Lloyds report may encourage employers to restrict the use of a cell phone, except when used in a safe and protected manner.