Can OSHA Issue Citations for Texting & Driving? Actually, Yes!

By, Robert Box

Traditionally, the Occupational Safety and Health Administration (OSHA) have not involved themselves with common carrier (bus, train, commercial airline, etc.) transportation-related safety issues that occur in transit. However, few employers know President Obama signed an executive order that could allow OSHA to cite and penalize employers if workers are engaged in distracted driving.

Repeatedly for years, motor vehicle crashes account for the leading cause of workers fatalities, and distracted driving has been shown to dramatically increase the likelihood of those crashes. Consequently, the Department of Labor (DOL) through OSHA has partnered with the Department of Transportation (DOT) to help stem the distracted driving problem.

Texting While Driving Prohibition

OSHA has been focusing on texting while driving as the primary culprit of distracted driving, which was the subject of an Executive Order signed by President Obama in 2009. The executive order was issued in order to establish “federal leadership” in improving safety on roads by issuing a government-wide prohibition of text messaging while driving during official business. This would include federal government contractors and subcontractors in the private sector, but it could also affect any private employer who chooses to dismiss President Obama’s “federal leadership.”

OSHA’s Strategy

OSHA has partnered with the National Safety Council and other key organizations to create websites and campaigns to get this message to employers: “It is imperative that employer eliminate financial or other incentives that encourage workers to text while driving.”

According to OSHA, “employers who require workers to text while driving -or who organize work so that doing so is a practical necessity even if not a formal requirement – violate the OSH Act” and are subject to financial penalties.

At present, it is possible for OSHA to visit an employer based on a credible worker complaint that an employer requires texting while driving, or who organizes work so that texting and driving is a practical necessity, and issue financial penalties where necessary.

What Employers Need To Do
If a formal company policy to prohibit distracted driving (and specifically texting while driving) has not been established, one should be established immediately, communicated to all workers, and documented.
Establish a committee or team to review current procedures to ensure the procedures do not directly or indirectly encourage texting while driving on the job. Of course, document the work from the committee/team, and if changes are necessary, communicate with workers and document the communication as well.

Safety First Consulting helps businesses identify OSHA compliance issues in their workplaces, manage their safety programs, and we become accountable for the results. In addition to offering custom written safety programs for companies, Safety First Consulting provides required safety training, industrial hygiene sampling, noise sampling, and workplace inspections.