Posts Tagged ‘policies’

Texting and Driving: Dying to Communicate

Monday, May 11th, 2009

Aiden Quinn is 24 years old. He drives a trolley for the Mass Bay Transit Authority (MBTA or T) in Boston. He has a mediocre driving record, with three speeding violations (while operating a motor vehicle). Last week he was driving a trolley underground between Park Street and Government Center. He was texting his girlfriend, when he ran a red light and crashed into another trolley stopped in front of him. Over 40 people were injured, including Quinn. The T was shut down for hours.
Quinn has been fired – no surprise – and the T has now issued a policy prohibiting drivers from carrying cell phones. (I’m sure that made the other drivers real happy with their former colleague.) The 40 injured passengers are going to have numerous avenues for lawsuits, including: negligent hiring/negligent entrustment (should Quinn have been operating the trolley in the first place?); and negligent policies (they only prohibited cell phone use after the accident). We can assume that the T will settle as quickly as possible. This case is a real loser.
The larger policy implications are intriguing. It is safe to assume that any employee in the course and scope of employment who tries to text while driving is opening a huge liability for the employer. Texting is even more dangerous than talking on a cell phone: after all, you have to look at the screen to read a message and at the key board to reply.
[Aside: my teenage daughter assures me that her friends can text behind their backs without looking at the keyboard. This might work in class, but not very well on the road: “Look Ma, no hands on the wheel!”]
[Second aside: speaking of Ma, for a truly appalling (YouTube) video of a teenager who texts over 5,000 times a month, often while driving, check this out. If you can explain the passive “what can you do?” attitude of the mother, please explain via our comment section.]
Policy Conundrum
Employers are caught in a bind: they are virtually compelled to issue policies limiting cell phone use and texting while driving, even while they recognize that some of their best and most productive employees are multi-taskers who routinely operate this way.
Which brings us to the sad story of Phyllis Jen, a talented internal medicine specialist at Brigham and Women’s Hospital in Boston. Jen was driving her 2007 Toyota Prius when she drifted over the center lane at 6 pm (in full daylight). She crashed into another vehicle and was killed.
Police say it did not appear speed or alcohol played a role in the crash, but they were investigating whether Jen was using her Blackberry. Jen was famous for always being available, always willing to go the extra mile. Alas, she has abruptly and tragically run out of miles to go.
As companies struggle to integrate new technologies into safety procedures and as public officials struggle with whole new categories of risk, one thing is certain: the ubiquitous cell phone and related texting have taken a firm hold in our professional and personal lives. We just cannot seem to function without them. The problem is, in making ourselves available 24/7, we put our own lives and the lives of strangers at risk. Sure, we have important things to communicate. But on the scale of life itself, virtually all of these communications can and should be put off until time and circumstances allow. We might be dying to communicate with a colleague or friend, but it’s certainly not worth dying for.

“Crackberry” Addicts: One More Email for the Road…

Monday, October 2nd, 2006

It’s only Monday, so it might be too early in the week for this. But the Insider is committed to keeping our readers informed on the latest developments in risk and human resource management. Today, we confront the physical, emotional and legal time bomb of BlackBerry addiction.
We first tracked the health implications of using tiny keyboards in our “BlackBerry Thumb” posting in February of last year. Well, repetitive motion is certainly a potential problem, but that may prove to be the least of the worries for employers who hand out these devices. We now find that the seductive technology embodied in PDAs is leading workers into hospitals, mental health facilities and courtrooms.”Crackberry” devices are addictive. Workers find themselves unable to put the little contraptions down. By connecting workers 24/7 to their jobs, employers suddenly find themselves on the hook for unanticipated liabilities.
The Independent out of Great Britain tells us of Nada Kakabadse (now that’s a splendid name!), a professor at England’s Northampton Business School. The good professor warns British employers that they could face multi-million-pound legal actions from BlackBerry-addicted staff on a similar scale as class law-suits taken against tobacco companies. That’s a pretty big scale, indeed! Research by the University of Northampton has revealed that one-third of BlackBerry users showed signs of addictive behaviour similar to an alcoholic being unable to pass a pub without a drink. “Just one more email for the road…”
Textbook symptoms
The report found that some BlackBerry users displayed textbook addictive symptoms – denial, withdrawal and antisocial behaviour – and that time with their families was being taken up with BlackBerry-checking, even at the dinner table.
As a result, Professor Kakabadse notes that employers are being sued for failing in their duty of care to staff and in following health and safety guidelines. In one case in the US, a female business consultant claimed that her marriage fell apart because she was constantly checking messages. She ended up losing custody of her children and sued her employer for damages. [Note to our lawyer readers: I have no citations for this and the subsequent cases.]
Written Policies
“Enlightened companies that issue BlackBerrys as standard like pen and paper should also have policies on how to use them, so that people can use technology in a way that doesn’t have an addictive side,” said Professor Kakabadse. So perhaps your written policy should require that the device be turned off during dinner, during any interactions with spouse and children, during love making for sure and at bedtime. [Just how such a policy would be enforced is beyond the scope of this posting.] One Chicago hotel has even offered to lock up your Blackberry, so you can enjoy your stay unencumbered and unconnected.
The Independent article cites another recent case, where a woman sued after putting cleaning fluid on her baby’s nappy instead of baby oil because she was distracted by her BlackBerry. [We sympathize with this poor working mom for making such a common mistake in the nursery. No question, it’s her employer’s fault.]
One study reveals that nine out of every 10 users have a compulsive need to check for messages and that nearly half experience long-term negative consequences associated with carrying a BlackBerry. A survey of business workers by researchers at the Sloan School of Management at Massachusetts Institute of Technology in the US found that employees were constantly tired because they were waking up in the middle of the night to check or send messages. One interviewee likened the sense of potential gain from staying in touch with work to “pulling the lever of a slot machine”.
24/7 = Always at Work
A professor at Rutgers’s School of Business, Gayle Porter, predicts in a soon-to-be-published study that disgruntled workers who feel they are unable to turn off their personal digital assistants and mobile telephones will begin suing their employers for their technology addictions — and that such lawsuits could potentially cost corporate America hundreds of millions of dollars.
“If companies develop a culture in which people are expected to be available 24 hours a day, then they should be prepared for the physical and psychological consequences,” Mrs. Porter said. “Addicts exhibit extreme behavior and have no control over themselves. So a corporation handing someone a BlackBerry on his first day of work could be seen as enabling, even accelerating, a serious addiction to technology.”
Be Forewarned
The trends are clear, the dangers incontrovertible. Uncontrolled use of Blackberry-type devices can lead to physical, mental and social debilitation. Someone is bound to announce the development of a new 12 step program for Crackberry addicts. The road to recovery will begin with the assertion that “I am an addict.” Meanwhile, employers should develop comprehensive written warnings to accompany the provision of any PDAs. These guidelines should set clear parameters for appropriate Blackberry use. With half the marriages in this country already ending in divorce, employers need to avoid any possible inference that work – and work-provided equipment – is a significant cause of marital discord. In the ever-expanding definition of risk management, this is one area where increased vigilance – and a few disclaimers – are definitely in order.