How to create a company policy to address distracted driving

How to create a company policy to address distracted driving

Each time you send/read a text message or search, or check your email while driving you pose a potential risk for your company. If an employee has a distracted driving-related accident while working (maybe while driving to a client meeting) the employer may be legally accountable for the consequences. This liability may include personal injury or death, property and equipment damage, and legal expenses and fees.

The estimated total annual cost of vehicle crashes resulting from using cell phone use is $43 billion, according to a National Safety Council study. Commercial truck and bus drivers can be fined up to $2,750 for each related offense, and the employer is exposed to penalties of up to $11,000.
Developing a strong distracted driving policy may help protect your company and your employees. A recent survey conducted by Traveler showed that 74% of businesses contacted had a distracted driving policy in place.

Erin Bellott, Senior Vice President and Product Manager for Liberty Mutual Insurance, provides the following three steps for risk managers who want to create a safety culture that prohibits distracted driving:

1.  DESIGN THE POLICY

  • Before using a mobile device, safely pull over to the side of the road or, preferably, into a parking lot or rest area.
  • Let all incoming calls go to voicemail and refrain from reading emails or texts until you’ve arrived.
  • Don’t text, call or email any employee known to be driving.
  • Enforce that the ban on mobile devices while driving applies to all mobile devices, not just company devices.

2.  COMMUNICATE & IMPLEMENT THE POLICY.

  • Require each employee to attend training programs on distracted driving and its causes & consequences.
  • Devise a place, such as an intranet site or even a corkboard, and encourage employees to share their ideas for preventing distracted driving.
  • Reinforce the message periodically. It is not a suggestion; it is a mandate.

3.  ENFORCE THE POLICY.

  • Restate the consequences and penalties for breaching the policy.
  • Conduct internal audits of distracted driving prevention and safety culture.
  • Track circumstances, such as managers calling employees who are driving, which may lead employees to disregard or ignore the policy.
  • Refresh the policy as new practices are discovered.

Supervisors and managers must watch for signs that employees may be overlooking distracted driving policies. Maybe, an increased number of low-severity collisions or incidents while backing up could expose the need for refresher training. Regardless, conducting annual communication campaigns to reinforce the importance of a safety-driven culture is mandatory.

If you’ve been injured in a distracted driving accident, call Tom Marchese, an experienced personal injury attorney, for a free case review.

OSHA’s final rule to ‘nudge’ employers to prevent workplace injuries, illnesses.

OSHA’s final rule to ‘nudge’ employers to prevent workplace injuries, illnesses.

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration issued a final rule to modernize injury data collection to better inform workers, employers, the public and OSHA about workplace hazards.

With this new rule, OSHA is applying the insights of behavioral economics to improve workplace safety and prevent injuries & illnesses.  OSHA requires many employers to keep a record of injuries and illnesses to help these employers and their employees identify hazards, fix problems and prevent additional injuries and illnesses.

The Bureau of Labor Statistics reports more than 3,000,000 workers suffer a workplace injury or illness each year.

Currently, little or no information about worker injuries and illnesses at individual employers is made public or available to OSHA. Under the new rule, employers in high-hazard industries will send OSHA injury and illness data that the employers are already required to collect, for posting on the agency’s website.

Just as public disclosure of their kitchens’ sanitary conditions encourages restaurant owners to improve food safety, OSHA expects that public disclosure of work injury data will encourage employers to increase their efforts to prevent work-related injuries and illnesses.

“Since high injury rates are a sign of poor management, no employer wants to be seen publicly as operating a dangerous workplace,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

Our new reporting requirements will ‘nudge’ employers to prevent worker injuries and illnesses to demonstrate to investors, job seekers, customers and the public that they operate safe and well-managed facilities. Access to injury data will also help OSHA better target our compliance assistance and enforcement resources at establishments where workers are at greatest risk, and enable ‘big data’ researchers to apply their skills to making workplaces safer.

 

The availability of this data will enable prospective employees to identify workplaces where their risk of injury is lowest; and as result, employers competing to hire the best workers will make injury prevention a higher priority.

Access to these data will also enable employers to benchmark their safety and health performance against industry leaders, to improve their own safety programs.

To ensure that the injury data on OSHA logs are accurate and complete, the final rule also promotes an employee’s right to report injuries and illnesses without fear of retaliation, and clarifies that an employer must have a reasonable procedure for reporting work-related injuries that does not discourage employees from reporting.

This aspect of the rule targets employer programs and policies that, while nominally promoting safety, have the effect of discouraging workers from reporting injuries and, in turn leading to incomplete or inaccurate records of workplace hazards.

Using data collected under the new rule, OSHA will create the largest publicly available data set on work injuries and illnesses, enabling researchers to better study injury causation, identify new workplace safety hazards before they become widespread and evaluate the effectiveness of injury and illness prevention activities.

OSHA will remove all personally identifiable information associated with the data before it is publicly accessible.

Under the new rule, all establishments with 250 or more employees in specific industries covered by the record-keeping regulation must electronically submit to OSHA injury and illness information from OSHA Forms 300, 300A, and 301. Establishments with 20-249 employees in certain industries must electronically submit information from OSHA Form 300A only.

 

Can Uber Drivers Collect Workers Compensation?

Can Uber Drivers Collect Workers Compensation?

Last year, a 32-year-old Uber driver in Los Angeles named Omar had a terrifying experience while working a late-night shift. Around 2:30 a.m., two passengers refused to leave his car at the Hollywood Tower apartments.

An argument broke out, and Omar says one of the riders struck him with a shiny object, breaking his jaw and landing him in the hospital for a week.

Unfortunately, Omar is not alone. Thousands of ride-sharing drivers across the U.S. face real on-the-job risks. In Boston, an off-duty police officer assaulted his Uber driver, yelled racial slurs, and stole his car. In Los Angeles, a taxi driver stabbed a driver in the face and neck. In San Francisco, a Lyft passenger broke a driver’s nose last May.

Omar ended up with two damaged teeth, surgery, and mounting medical bills. His only source of income is driving for Uber, but as an independent contractor, he is not entitled to workers’ compensation.

Workers’ comp is designed to pay for work-related injuries and lost wages, but it mostly covers employees, not contractors. To make matters worse, Omar did not have personal health insurance.

Independent Contractors and the Sharing Economy

Independent contractors, like most ride-sharing drivers, enjoy freedom, they set their own hours, choose their clients, and control how they work.

But that freedom comes with a trade-off: if they are injured while working, they are largely on their own. Many gig economy workers may not fully realize the stakes.

Omar had reason to hope Uber might help. Traditional taxi drivers face violent work environments and often carry workers’ compensation insurance. According to federal statistics, taxi drivers are 21 to 33 times more likely to be killed on the job than other workers.

Even with ride-sharing apps reducing cash handling, night work, working alone, and dealing with intoxicated passengers remain serious risks.

Some companies avoid offering workers’ compensation to independent contractors because it might make them look like employees in a legal sense.

But many attorneys argue this isn’t a major factor. Courts generally consider how much control a company has over a worker, not whether it provides insurance.

Could Workers’ Compensation Protect Sharing-Economy Workers?

Workers’ compensation could actually help companies and drivers if structured correctly. The company covers on-the-job injuries, while the worker gives up the right to sue. Without it, damages in a lawsuit could be unlimited.

For example, if Omar could show that Uber knowingly assigned him a violent passenger, he could sue for far more than workers’ comp would pay.

At the same time, traditional workers’ comp doesn’t fit well with independent contractors. It covers lost wages, but what if a driver sets their own hours or works for multiple platforms? How do you calculate income for someone like an Airbnb host or a driver who works sporadically?

Some sharing-economy platforms are starting to offer alternative protections. Peers, a sharing-economy marketplace, recently launched Airbnb insurance that includes lost-wages coverage. Experts believe that work and benefits will eventually decouple, just as pensions did in previous generations.

What This Means for Gig Workers

If you drive for Uber, Lyft, or any other ride-sharing platform, it’s important to understand that workers’ compensation protections are limited. Injuries on the job can leave you with medical bills and lost income. Knowing your rights, having insurance coverage, and consulting with an attorney can make a huge difference in protecting yourself after an on-the-job injury.

As a Columbus workers’ comp attorney, I’ve helped many Ohio workers secure benefits after workplace injuries, and I can guide gig economy workers who are injured while working. If you’ve been hurt on the job, don’t wait to get legal advice.

Is Hearing Loss the Most Common Workplace Injury In the United States?

Is Hearing Loss the Most Common Workplace Injury In the United States?

Workplace Hearing Loss: A Silent but Serious Injury

According to the CDC, more than 22 million American workers are exposed to excessive noise on the job each year. That exposure puts them at serious risk for permanent hearing loss, a disability that can change the way you live and work. Industries like construction, mining, fracking, and manufacturing face the highest risks, but hearing damage can affect workers in many fields.

What might surprise you is that moderate noise levels, not just extremely loud ones, are often the biggest culprits. Workers exposed to painfully loud environments are more likely to use hearing protection, while those in “moderately noisy” workplaces may not realize the danger until it’s too late.

To combat this, OSHA regulations require employers to notify workers of noise risks, provide hearing tests, and offer training to help prevent hearing loss. For example, workers exposed to noise above 85 decibels for an eight-hour shift (that’s about the level of a blender running) are supposed to receive hearing protection and regular monitoring. In construction, the threshold is even higher, 90 decibels, which is about the same as a power saw running all day.

The Department of Labor has also stepped in with its “Hear and Now” campaign, aimed at preventing workplace hearing loss. This initiative is exploring new technologies that can:

  • Alert workers in real time when noise levels are unsafe.
  • Improve protective devices so employees can still hear instructions while blocking harmful noise.
  • Provide better training for both workers and employers.

Even with these efforts, work-related hearing loss is still one of the most common occupational injuries, and once your hearing is gone, it rarely comes back.

If you’ve suffered hearing damage because of your job, you may be entitled to workers’ compensation benefits in Ohio. These benefits can help cover medical testing, hearing aids, lost wages, and more.

As a Certified Ohio Workers’ Compensation Lawyer, I’ve helped workers across Columbus and beyond secure the benefits they deserve after hearing loss or other occupational injuries. If your hearing has been impacted by your work, don’t ignore it—get the help and support you need.