With the recent focus on the economic meltdown and the pending election, you might have missed the story about the likely cause of the horrific California train crash that killed 25 people last month and injured 135 others. Almost immediately, authorities knew that the accident was the result of human error – the driver had failed to stop at a stop sign. But what didn’t surface until later is that the driver was text messaging just seconds before the crash:
“Robert Sanchez, the driver of a Los Angeles Metrolink commuter train that crashed head-on with a freight locomotive, may have been text messaging seconds before the fatal crash, according to subpoenaed reports from Verizon Wireless. Records show the driver had received a text at 4:21.03 p.m. and sent a text at 4:22.01 p.m. The two trains crashed seconds later at 4:22.23 p.m.
Records also showed that during his time operating the train, the engineer received seven text messages and sent five. Earlier in the day, during a two-hour morning shift, the engineer’s cell phone received 21 text messages and sent 24 text messages.”
The driver’s texting was in violation of the National Transportation Safety Board’s policy banning all use of phones while operating a train. As any employer knows, having a policy and enforcing it can be two separate matters, in this case with tragic results.
In most states, texting while driving is still a legal practice. While several states are looking at potential laws to ban the practice, only a handful of states currently have such laws on the books – the state of California and the city of Chicago have recently both banned the practice. A recent survey of 1500 drivers by Nationwide Insurance revealed that about 20% of drivers are texting while behind the wheel – and that number may reach as high as 66% when isolating drivers aged 18 to 24.
Regardless of state law, employers should enact safety policies that encompass mobile devices. Tom Starner deals with safety and other issues related to emerging technology in Human Resource Executive Online article Calling for Enforcement. And if the human cost alone isn’t enough to catch an employer’s attention, Starner cites a number of litigated cases with multi-million dollar settlements related to fatalities caused by employees who were using mobile devices. He quotes Portland, Ore. attorney Nancy M. Cooper:
“As those latest examples show, it’s becoming increasingly important for employers to implement effective cell-phone-use policies, both to limit liability and improve safety,” Cooper says. “It doesn’t matter if a call is being made during regular office hours or not; what matters is that the call [or text messaging] is work related. Employers may be found liable for any damages caused by an employee acting within the scope of his or her employment.”
Motor vehicle related workplace injuries are among the most common, and are also one of the leading causes of workplace death. We’ve talked about he need for diligent risk management policies and procedures for employees who drive – it’s a good time for employers to update policies to specifically address text messaging.
