Distracted Driving. Applicable Regulations. Introduction/Overview

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1 Distracted Driving Applicable Regulations Currently OSHA does not have any specific regulations regarding distracted driving. However, OSHA may apply its General Duty clause to distracted driving. The General Duty clause, Section 5(a)(1) of the Occupational Safety and Health Act, requires an employer to furnish to its employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. The General Duty clause also requires employees to comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to the OSH Act that are applicable to their own actions and conduct. State Legislation As distracted driving has risen to unprecedented levels, state legislatures have begun to take action. As of early 2010, 25 states have enacted laws that ban texting and/or hand-held cell phone use to help protect the public from the dangers of distracted driving. (Of course, as we point out below, there are many other types of driver distraction.) Introduction/Overview Who doesn t have a cell phone these days? How about an ipod, ipad, mp3 player, PDA, gaming device, GPS? They are an important part of many people s lives. Yet, they are very dangerous if used while driving. Here are a few facts to help us understand the challenge of distracted driving: Drivers who use hand-held devices while driving are four times as likely to get into crashes serious enough to injure themselves or others. The proportion of drivers reportedly distracted at the time of the fatal crashes has increased from 8 percent in 2004 to 11 percent in One of the most commonly recognized distractions is cell phone use. Cell phone subscriptions have grown exponentially from 1988 through About 89 percent, or approximately 277 million of all Americans, have a cell phone, according to CTIA The Wireless Association. In a recent NHTSA survey, most individuals (77 percent) reported that they talk on the phone while driving at least some of the time. With more portable technology now than ever before, driver distractions have risen to unprecedented numbers. We live in a world where people expect instant, real-time information 24 hours a day and those desires do not stop just because people get behind the wheel. Drivers simply do not realize the dangers that are posed when they take their eyes and minds off the road, their hands off the wheel, and focus on activities other than driving. The situation is really very simple: Drivers can t do two things at once.

2 Main Types of Driving Distractions Human factor experts tell us that there are basically four kinds of driving distractions: Visual. This is when you take your eyes off the road while dialing, reading and sending text messages, eating, finding a song on your ipod, or doing any number of other tasks. Manual. Often associated with a visual distraction, a biomechanical distraction would be, for example, manipulating a control, such as dialing a phone or adjusting a radio, opening a bag of chips, or trying to settle a child or pet. Auditory. An example of an auditory distraction would be being startled by a ringing phone. Cognitive. This is when you become lost in thought or focused on a conversation with someone which causes you to withdraw from situational awareness. An example would be the common experience of traveling from point A to point B and suddenly realizing that you are not sure how you got there or what happened in between. Some people think hands-free devices are a solution. While they help, they aren t a complete solution. Researchers are beginning to obtain evidence that shifting from handheld to hands-free phone use while driving does not result in eliminating all cell phone distractions. It addresses the visual and mechanical distractions but does not address auditory and cognitive issues. What Devices Are Causing Distractions? Technology is changing so rapidly that it s hard to keep up with all the new types of devices that might distract drivers. But here are some of the most common: Cell phones ipods MP-3 players ipads PDAs GPSs * And it s not just devices that distract. It can be food, or children, or other activities, for example. What Activities Cause Problems? Here are just a few of the many activities that are known to distract drivers: Making or answering phone calls Texting or reading text messages Locating a song on a playlist Eating or drinking Reaching or leaning (often to get a phone or other device)

3 Talking to others in the car Grooming Attending to children And of course there are many more. The National Safety Council estimates that 28 percent of all crashes that s 1.6 million each year are caused by drivers using their handheld or hands-free cell phones and drivers texting while driving. Distractions from other sources just add to the total. The National Highway Traffic Safety Administration reports that they receive more complaints and requests for information about cell phone use than any other driving issue. Accidents During Routine Driving Studies have shown that in most cell phone-related crashes the drivers were not presented with challenging or changing situations, which required quick thinking or emergency maneuvers. In most cases, the drivers simply failed to control their vehicles during routine driving conditions. Typically, distracted drivers either strike something in front of them or they leave their lane of traffic. These two patterns certainly seem to reinforce the assumption that inattention is the problem. Distraction of Talking to a Passenger What about conversing with a passenger in the vehicle? Isn t that just as distracting as talking on the phone? Most experts say no, because there are two important differences: The first is that a passenger in a vehicle is aware of the driving situation and can even serve as an additional lookout for hazards. Also, if the driver suddenly stops the conversation, the passenger can see what is going on around them the reasons may be evident. But a caller on another phone obviously won t see what s happening and will continue the conversation. The second is that phone use seems to carry a certain obligation of immediacy. When the phone rings, we feel compelled to answer it whether it is convenient, safe, or appropriate to do so. A passenger would not initiate a conversation in such a situation. Don t You Need a Phone for Emergency Calls? Many would argue that cellular telephones are important devices for reporting emergencies. This is absolutely true, and the law enforcement community supports such use. But emergency calls can and should, whenever possible, be made from a stopped vehicle. Young Drivers Are Especially at Risk Younger, inexperienced drivers under 20 years old have the highest proportion of distraction-related fatal crashes. Their lack of driving experience can contribute to critical misjudgments if they become distracted. Not surprisingly, they text more than any other age group and the numbers of young drivers who text is only increasing.

4 Tips for Avoiding Distracted Driving Accidents If you drive with a cell phone, avoid unnecessary calls and always make the driving task your top priority. Pull over before using devices. The best advice is to pull off the road and stop the vehicle before using any distracting device. Keep your hands on the wheel. Buckle your seatbelt and place both hands on the steering wheel. Keep your eyes on the road. Learn how to operate your digital equipment without looking at it. Memorize the location of all the controls so you can press the buttons you need without ever taking your eyes off the road. Practice off-road. If your device is new, practice using it and the voic while your car is stopped. Practice will make you feel more comfortable and safe when using it on the road. Use a hands-free model. A hands-free unit lets you keep both hands on the wheel while you talk on the phone. Stay in your lane. Don t get so wrapped up in a conversation that you drift into the other lane. Pull into the right-hand lane while talking so you only have to worry about traffic to the left. Use speed dialing. Program frequently called numbers and your local emergency number into the speed dial feature of your phone for easy, one-touch dialing. When available, use autoanswer or voice-activated dialing. Never dial while driving. If you must dial manually, do so only when stopped. Pull off the road or, better yet, have a passenger dial for you. Avoid receiving calls while driving. Tell family and friends not to call when they know you ll be on the road. Take a message. Let your voice mail pick up your calls in tricky driving situations. It s easy to retrieve your messages later on. Don t try to get your device when it s out of reach. If you keep your device in your briefcase or purse, or if it is out of reach, do not attempt to retrieve it while driving. If your phone rings, allow voic to pick up the call. Pull over to the side of the road; then retrieve your phone. Know when to stop talking. Keep conversations brief so you can concentrate on your driving. If a long discussion is required; if the topic is stressful or emotional; or if driving becomes hazardous, end your call and continue when you re not in traffic. Keep the phone in its holder. Make sure your phone is securely in its holder when you are not using it. That way it won t pop out and distract you when you are driving. Don t take notes while driving. If you need to write something down, use a tape recorder or pull off the road. If you have an electronic scratch pad on your phone, use it to record numbers while you are talking. Try to remain calm. Getting annoyed at other drivers or slow, heavy traffic conditions can affect safe driving performance.

5 Drive defensively. Just obeying traffic regulations will not save you from a crash. You must be prepared for the unsafe actions of other motorists or for poor driving conditions. Wrap-Up The company wants you to drive safely. Evidence increasingly shows that distracted drivers often lose control of their vehicles, endangering themselves, their passengers, other drivers, and pedestrians. Learn to use your hands-free devices without the need to look away from the road. Or, better yet, simply pull over when it is convenient to take or make a call, revise a playlist, or enter data into your GPS. Please, whenever you are driving avoid distractions you do not want to be the cause, or victim, of a distracted driving accident.

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