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Showing posts with label distracted driving. Show all posts
Showing posts with label distracted driving. Show all posts

Saturday, June 22, 2013

Distracted Walkers Are a Workplace Hazard

Over the last 2 days I watched at least a half-a-dozen people walking in the streets with a cellphone in their hands, and totally ignoring all traffic signals and vehicles around them. We are too quick to blame workers for causing all accidents through the use of cellphones.  Pedestrians on many occasions ignore all reason and logic, and walk in front of vehicles oblivious to the world.

Read: Distracted Walking: Injuries Soar for Pedestrians on Phones 

Cell Phone Use Not Just Dangerous for Drivers, Study Finds

"More than 1,500 pedestrians were estimated to be treated in emergency rooms in 2010 for injuries related to using a cell phone while walking, according to a new nationwide study."

Thursday, June 13, 2013

Apple Is Moving Distracted Driving Into High Gear

Transportation accidents account for a high proportion of work-related fatalities, and Apple's announcement with week of increasing the access of iCar-Technology into the automobile is raising serious concerns among safety lobbyists.

Workers' compensation insurance companies in co-ordination with the US Department of
IOS in the Car
Heavy Integration Announced
at Apple Conference
Transportation (DOT) have made major efforts over the last few years to target distracted driving as a major safety issue to avoid serious accidents and ultimately save lives and reduce insurance costs. The DOT reports, "Distracted driving is a dangerous epidemic on America's roadways. In 2011 alone, over 3,000 people were killed in distracted driving crashes."

As of June 2013, 41 state, the District of Columbia, and Guam ban text messaging for all drivers. Also, 11 states, the District of Columbia, and the Virgin Islands, prohibit all drivers from using handheld phones while driving.

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."

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 ...

Wednesday, May 23, 2012

Employers Now Banning Cell Phone Use

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 laws.


Click here to read the survey results: 

Companies Increasingly Concerned About Employee Use of Cell Phones While Driving

"The number of commercial fleet operators that have adopted written policies pertaining to employee use of cell phones while driving on-the-job has increased 29% in the past year – from 62% to 80% – according to the second annual survey of more than 900 transportation and fleet professionals conducted by ZoomSafer."

Tuesday, April 10, 2012

April is Distracted Driving Awareness Month

April is National Distracted Driving Awareness Month, and from Virginia to California, the traffic safety community has a simple message for drivers: One Text or Call could Wreck it All.


Workers' Compensation Court will be challenged to deal with injuries caused by distracted driving especially as employers come on board and ban their use while driving and Federal Regulations prohibit such use.

Related articles

Thursday, January 19, 2012

Federal Cell Phone Rules Compliance Guide Published

Distracted Driving remains a serious problem in the workplace and now the Federal government is taking enforcement actions to a new level. 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 states will adapt these changes.  For those who use prohibited devices in the course of their employment and are involved in accidents may ultimately be denied workers' compensation benefits and employer liability will result. ZoomSafer has now published a compliance guide.

See:  FMCSA Cell Phone Rules: A Compliance Guide for Truck and Bus Fleets

Tuesday, December 13, 2011

National Highway Safety Board To All States: Ban Cellphone Use in Vehicles

To the 50 states and the District of Columbia:
(1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; 
(2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and 
(3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving.

Related articles

Tuesday, November 29, 2011

Cell Phones Usage For Commercial Interstate Drivers to be Banned

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 interstate commerce. Cell phones have become a major cause of distracted driving accidents resulting in an increase of workers' compensation claims by employees as well as liability lawsuits against employers directly.

Read the proposed Federal Rule: Final Rule: Drivers of CMVs: Restricting the Use of Cellular Phones

"FMCSA and PHMSA are amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs). This rulemaking will improve safety on the Nation’s highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs. The Agencies also amend their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver’s license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones." read more...

.......
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.

Wednesday, September 7, 2011

Distracted Driving Accidents Echo Intoxication Caused Injuries

The New England Journal of Medicine reports that the activism against driving while intoxicated is beginning to be mirrored in distracted driving crashes. This parallel will probably cause workers' compensation courts and state legislature to shortly revisit the compensability of certain claims caused by employees who engage in distracted driving and will likely bar them from eligibility as workers compensation claims.


"As cell phone technology improved, texting while driving, which necessitates taking one’s eyes off the road, also became a major concern. The new term 'distracted driving' encompasses many behaviors that divert attention from driving, hampering awareness and performance and increasing risk."


The moral outrage being generated from distracted driving behavior will most likely mandate the imposition of technological changes to restrict cell phone use in moving vehicles. While that technology is being developed and deployed, workers and their employers should take heed of the growing public policy against such conduct.

Friday, September 2, 2011

When the Boss Calls

The use of cells phones while driving still remains a serious problem as drivers continue to ignore laws throughout the country. Unenforced and unenforceable laws throughout the nation aren't meeting the well intentioned goal of restricting their use. A major excuse is the need to use it for work and my "boss" required the employee to use it.

The epidemic of distracted driving continues to spread. Economic consequences are not yet frequent enough and severe enough to change the culture of abuse. Industry still hasn't taken the bold steps required to solve the problem.

Even though the genie of the "car phone" is out of the bottle, carefully engineered technology can resolve the problem. The same companies that brought us the unhealthy combination of cell phones and distracted driving can engineer the cure.

Employers seem to lack the economic motivation to take action. Employers who insit on their use for employment reasons can be compared to those employers who remove a machine guard to increase production at the cost of injury. It is senseless and tragic to insist that employees are required to us cellphones for employment. It is time that mandatory technology safeguards be implemented to curb abuse and avoid trajic and unnecessary accidents.

Wednesday, August 10, 2011

Employee Penalized For Not Following Safety Rules

An employee's workers' compensation award maybe be reduced for failing to follow an employer's safety rules. A Missouri Court ruled that reducing an injured employee's award by 25% to 50% for failing to follow an employer's safety rules was not unconstitutional.

This ruling may have widespread application in many situations including distracted driving claims, where an employee sustains an accident while using a cell phone in violation of an employer's cell phone policy. The employer woud still remain responsible for the reduced award and, of course, subject to a 3rd part law suit by a potential 3rd party.

The reduction rule actually places fault back into the workers' compensation system which both violates the intent of the Act . Such a policy does not compensate for the reduced values (awards) anticipated and prescribed under the workers' compensation act. While the the logic seems to rational, the application further emasculates the intent of workers' compensation. It would be far more logical to put the cart before the horse, and work to prevent the unsafe work condition in the first place. Shifting responsibility to the injured worker is not consistent with the act's intent.

Thompson v. ICI American Holding, 2011 WL 3444008 (Mo.App. W.D.) Decided, August 9, 2011
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.


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.

Thursday, July 7, 2011

Distracted Driving Increases Workers' Compensation Risks

In a recent video interview, Jon Gelman, spoke about the serious workers' compensation and liability risks that employers face flowing from distracted driving.

For the complete interview click here.

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.”

Tuesday, July 5, 2011

Employers Face Liability For Cell Phone Accidents

Accidents resulting from the use of cell phones at work shift liability to to the employer. Todd Clement, an expert trial lawyer from Dallas TX, in a recent interview, explains why employers are going to paying damages for distracted driving accidents involving their employees.

Multiple claims can be made following a work-related distracted driving accident caused by an employee's use of a cell phone. Those claims include an action by an employee, the who used the cell phone, against the employer for workers' compensation benefits. Since the system is a "no fault" program, the employer becomes liable for the payment of benefits to the employee inclusing: temporary, medical and permanent benefits.

Claims can also be made by the passenger (co-employee) against the employer under the workers' compensation act. Also, anyone else injured may also file a liability claim against the employer for their employee's distracted driving conduct.

In some jurisdictions claims may also exist an employer directly by an employee for the employer's failure to maintain a safe workplace. In many jurisdictions, if The US Occupational Safety and Health Administration (OSHA) cites an employer for maintaining an unsafe workplace, the employee may also be subject to OSHA files. Those violations may also be evidence used against the employer to establish proof that the employee did indeed maintain an unsafe workplace.

Wednesday, May 25, 2011

Employers Face a Triple Legal Threat for Distracted Driving Claims


Employers usually make an "after the fact" reaction to cell phone use that the result in distracted driving accidents. The mounting liability for employers, a triple economic threat, may soon change their attitude to adopt an improved cell phone safety culture.


Employers who have no policy in-place or enforcement protocol, passive or active, seem to be in the majority according to a recently released survey conducted by ZoomSafer Inc. The company offers several products to actively stop cellphone use while driving. Their survey of over 500 business managers reveals that 32% of companies have knowledge or evidence of vehicle cashes that have occurred as a result of distractions stemming from employee use of cell phone while driving.  Of  the 54% of the companies with a defined cell phone policy, more than half, 27.3%, created that policy only after an incident occurred.

Employers are now faced with a triple threat of legal actions including: workers' compensation claims from their employees, liability law suits from the innocent individual who was injured, and now an OSHA fine. It is anticipated that these economic  factors will have a major impact in creating an improved cellphone safety culture.

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.

Tuesday, May 24, 2011

IARC To Issue Report on Cell Phones

The World Health Organization (WHO) is expected to release a decision by June 1st as to whether the radiation emitted from cellphones causes cancer. Scientists at the WHO’s International Agency for Research on Cancer will take part in an eight-day meeting in Lyons, France starting May 24, 2011. 

The use of cell phones in the course of employment is a major concern as it results in distracted driving accidents. The new report will determine if employer mandated cell phone use can be causally connected to occupational cancer 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.

Tuesday, March 29, 2011

Symposium on Prevention of Occupationally-Related Distracted Driving

Distracted driving (including texting while driving and cell phone use) is a major cause of motor vehicle crashes. Many workers may be distracted while performing work-related driving or during vehicle operations. Reducing distracted work-related driving and increasing awareness of the risk to employees that result from distracted driving is an important mission for safety and health professionals, employers and employees. This Symposium is designed to bring together a variety of stakeholder groups who are interested in reducing work-related driving distractions and generate recommendations for action, including new directions for research. This Symposium will include didactic presentations, interactive discussions and opportunities for networking, and demonstrations of training materials.

Monday, April 18, 2011
8:30 AM - 4:00 PM

Kossiakoff Conference Center
11100 Johns Hopkins Road
Laurel, Maryland 20723
1-800-548-3647

8:30 - 9:00 am:
Registration and continental breakfast

9:00 - 9:15 am:
Welcome and Review of the Agenda
Mary Doyle, MPH,RN, COHN-S/CM
Director, ERC Continuing Education Program
Johns Hopkins Bloomberg School of Public Health
Meeting Moderator

9:15 - 9:30 am:
Mission of the Symposium and Call to Action
Christine Branche, PhD
Principal Associate Director
The National Institute for Occupational Safety and Health
Centers for Disease Control and Prevention

9:30 - 9:50 am:
U.S. DOT Perspective on Distracted Driving
Peter Appel
Administrator, Research and Innovative Technology Administration
Department of Transportation

9:50 - 10:10 am:
OSHA’s Perspective on Distracted Driving
David Michaels, PhD, MPH
Assistant Secretary of Labor for OSHA
Department of Labor

10:10 - 10:40 am:
What Does the Research Tell Us?
Jeffrey S. Hickman, PhD
Virginia Tech Transportation Institute
Center for Truck and Bus Safety
Virginia Polytechnic Institute and State University

10:40 - 11:00 am:
Audience Q & A/Feedback for morning sessions

11:00 – 11:15 am
Break and Networking

11:15 - 12:00 pm:
Panel Discussion: Elements of Model Programs: Implementation Challenges
Moderator: Jack Hanley
Executive Director
Network of Employers for Traffic Safety

Panelists:

Joseph Van Houten, PhD, CSP
Senior Director, Worldwide EHS
Johnson & Johnson

Tom Bennett
SH&E/OIMS Advisor, Fuels Marketing
Downstream & Chemical SSH&E

Amy Lokken, ARM
Group Director, North American Health & Safety
Coca-Cola Refreshments

David Hopps
Vice President, Risk Management Operations & Environment, Safety & Health
ServiceMaster

12:00 – 12:15 pm:
Audience Discussion and Feedback on Model Programs Panel

12:15 - 1:15 pm:
Lunch (provided on-site)

1:15 - 2:00 pm:
Panel Discussion: In-vehicle Technology to Address Distracted Driving
Moderator: Peter Appel
Administrator, Research and Innovative Technology Administration
Department of Transportation

Panelists:

Eric Collins, JD
Chief Operations Officer
Mobile Posse

Michael Petricone, JD
Senior VP, Government Affairs
Consumer Electronics Association

2:00 - 2:15 pm
Audience Discussion and Feedback on In-Vehicle Technology Panel

2:15 - 3:00 pm:
Panel Discussion: Worker Perspectives
Moderator: James August, MPH
Health and Safety Consultant

Panelists:

LaMont Byrd
Director, Safety and Health Department
International Brotherhood of Teamsters

Rich Duffy
Assistant to the General President for Occupational Health, Safety and Medicine
International Association of Fire Fighters – AFL/CIO

Ed Watt, MS
Director of Health and Safety
Transportation Workers Union of America

3:00 - 3:15 pm
Audience Discussion and Feedback on Workers’ Perspective Panel

3:15 - 3:45 pm:
Facilitated Discussion with Audience
Leslie Nickels, PhD, MEd
Senior Health Communications Fellow
National Institute for Occupational Safety and Health
Centers for Disease Control and Prevention

3:45 - 4:00 pm:
Closing
Mary Doyle, Meeting Moderator

4:00 - 5:00 pm: 
Reception (on site)

Friday, February 18, 2011

Federal Probe Requested of Illinois Workers Compensation Arbitrator

Illinois Senator Kyle McCarter (R-Lebonon) has called for a Federal probe into the alleged actions of the arbitrator who allegedly delayed the hearing of a controversial case involving a State Trooper who was involved in a fatal motor vehicle accident while texting and driving  at 126 miles per hour.

As a result of  his distracted driving two teenagers were killed in the accident. The state trooper pleaded guilty to two counts of reckless homicide last year. He has since resigned from his job.