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YOUR VIEW -- CELL PHONES AND CARS
(Borrowed from the Insurance Risk Management Instiutute)
Our readers certainly have opinions about using cell phones while driving.We received nearly 100 e-mails expressing opinions on Jack's August 21 editorial, in which he suggested that organizations should consider developing a corporate policy on this practice. Many of you articulated excellent arguments against the passage of legislation governing cell phone use in autos. Many of you also agree that businesses and public entities should adopt some type of policy to guide employees (and some even sent theirs to us). Some of you also explored the issue of whether hands-free cell phones were safer while driving.
Coincidentally, a new study just reported in the August/September 2001
issue of the National Safety Council?s Injury Insights shows that conversing
on cell phones while driving can lead to significant decreases in driving
performance. The study found that driver distractions due to cell phones
can occur regardless of whether hand-held or hands-free cell phones are
used, and that cell phone conversations create much higher levels of driver
distractions than listening to the radio or audio books.
Here is a link to the article:
http://www.nsc.org/library/shelf/inincell.htm
Unfortunately, we cannot print all the responses we received here and we haven't had time to format them for the Web site. Therefore, we are providing a selection of the e-mails that focused on cell phone policies below. In the next few weeks, we'll post more of your opinions, including those expressing public policy concerns on IRMI.com. We'd also like to include a sample policy statement or two.
* In the last 3 years, the city has experienced 3 total loss vehicle
accidents that were due to driver distraction during use of cell phones
-- two by the other drivers and one by a city driver. Fortunately, because
of seatbelts and air bags, there were no serious injuries. The cost of
these three accidents was in excess of $100,000.
-- Donald F. Anderson, Risk Manager
City of Olathe, KS
* The last Superintendent who was multi-tasking with a steering wheel in one hand and a cell phone in the other rear-ended a family of four. It cost the company $88,000.00 for the family of four and a new car for us. By the way, he was talking to a supplier about a lower price on a box of 55-cent fasteners as I recall. Hope we got the discount!
I have changed my mind on simultaneous cell phone use and driving. Why?
Because mounting loss statistics and personal observations of numerous
dunderheads trying to drive and talk on the phone. I'm not for big government
in any shape or form, but I will support efforts of those who also agree
that the two, driving and cell phone communication, should not be done
at once. There is space for brief radio communication by trained EEs on
my agenda.
-- Peter Robertson, President
TRG, Sacramento, CA
* Your thoughts are right on target. It is essential for companies to
create their own cell phone policies, regardless of whether legislation
passes at the local or state level. Here are a few strategies that we
advise companies to use when developing and implementing such a policy:
Create a policy that works. Use a multi-disciplinary team to develop
a
policy that is practical, legal, and reflects your organization's risk
tolerance. Some companies no longer provide cell phones and refuse to
reimburse drivers for cell phone-related expenses. Others permit or
provide cell phones, but very clearly specify how and when they may be
used. If you allow cell phone use in emergency situations, be sure to
define what constitutes an "emergency."
Reinforce the policy. Provide all new hires with a copy of the policy,and review it in detail during their orientation. Cover safe cell phone use in all driver training programs and in periodic reminders, such as a newsletter.
Inform drivers. Ensure that drivers understand the reason for the cell
phone policy - including the increased odds of an accident, the potential
liability for the company, and the possibility of personal injury or fatalities.
Outline the ways in which cell phones pose these risks, so drivers will
understand how to reduce their odds of an accident.
Provide alternatives. Offer drivers practical options that recognize
their need to communicate while traveling. You might permit drivers to
use the phone only when safely pulled off the road. Or you might instruct
them to forward their calls to voice mail while driving to avoid being
distracted by an incoming call.
-- Phil Moser, National Sales Manager
Advanced Driver Training Services, Inc., King of Prussia, PA
* Employers should adapt policies for more than just cell phone use.
There are studies that found cell phone use to be no more dangerous than
trying to eat, read, and apply makeup or any other activity that requires
thought while driving. From a company's perspective, anything which requires
attention be taken from the road should be prohibited while on company
business. Such a policy could say just that, "the primary function
of the vehicle operator is to drive the vehicle, should additional tasks
be necessary, they should be handled by a passenger/coworker or the vehicle
should be stopped in a safe place prior to undertaking any additional
tasks which may inhibit safe operation of the company vehicle."
-- Vincent Johns, CPCU, AIC, HO Liability Examiner
UNIG, Utica, NY
* You might want to look into the recent study done by the FL Highway
patrol. Of 100,000 accidents in 6 months, only 600 were caused by driver
distraction of any kind. Cell phones were down that list in 3rd or 4th
place. So, it doesn't look like cell phones are the real problem. The
problem is inattentive drivers, who don't take the task of driving seriously
and ALLOW themselves to be distracted. Employers take on the liability
and should of course warn employees to be careful in all ways when driving!
-- Lisa H. Harrington, CPCU, AAM, AAI, AIP, Director of Education
Florida Association of Insurance Agents
* The several states enacting or considering legislation are generally
focused on the "hand-held" issue. I believe the problem is really
a
"talking-on-the-phone" issue. Personally, I think it should
be
discouraged. If I know that someone is driving and talking on a cell
phone, I politely ask them to call me at another time and hang up. I'm
not sure businesses will be willing to eliminate in-car cell phone use
in this wired world where everyone is available 24/7.
-- Mary B. Andrews, CPCU, Director of Risk Management
Alpharma Inc., Ft. Lee, NJ
* Our Risk Management and Safety areas have met to discuss such an issue
as a result of the lawsuit you reference in your e-mail. It appears that
at this point nobody we talked to has any kind of policy for the use of
cell phones while conducting business and they indicate that this is a
touchy issue because of how important the cell phone has become. Since
the key word in the use of cell phones is "distraction" this
also applies to many other things we do while we are driving. This makes
it a little more difficult to set policy for just cell phones. It is our
intent to at least put together a corporate-wide general policy regarding
the use of cell phones while conducting business.
-- Jimmy E. Garcia, Supervisor, Risk Management & Insurance
City Public Service, San Antonio, TX
* It could easily be incorporated into the organization's Vehicle Safety
program. Where one doesn't exist, the organization should make it known
to employees who have cell phones that usage while driving is unacceptable,
except in emergency situations, personal or business. At the least, the
driver should pull over to the closest safe area to continue the conversation
or advise the other party he/she will return the call as soon as he/she
can pull over safely. Sometimes the nature of the call requires complete
focus and concentration, so there is a serious dilemma when driving requires
the same. Something has to give and it shouldn't be the safety of the
driver, the passengers in the car, or the other vehicles on the road.
-- William C. Gilmartin, CPCU, ARM, Senior Vice President
Riggs, Counselman, Michaels And Downes, Inc., Baltimore, MD
* While I am quite a fan of the cell phone, I firmly believe that its
overuse will lead to catastrophic results. I believe that a prudent
company will set a policy that includes firm limitations on the use of
cell phones by its employees. Such limitations should include the
following rules:
(1) No use while driving in traffic. While there are situations when
cell
phone usage while driving may be acceptable, such as interstate highway
driving in rural areas, usage in city traffic, even in traffic in smaller
towns is simply an accident waiting to happen. Usage in town should be
limited to usage while the vehicle is not moving, i.e., in a parking lot.
Probably the best solution would be to prohibit usage while driving. If
a cell call comes into an employee while driving alone, the employee should
advise the caller to hold for one moment while the driver finds a place
to safely park the vehicle. If the driver is in intense traffic, then
they should either turn off the phone, or simply not answer the phone.
Companies may want to include cellular voice mail for those employees
with company cell phones.
(2) No use while operating any type of machinery or equipment. The
implications of cell phone usage while operating any type of mobile
equipment or industrial machinery seem all too obvious. With the low
monthly cost of cell service, and the subsequent proliferation of usage
by people of all social and economic strata, blue-collar usage at work
must not be overlooked.
(3) Rules regarding cell phone usage while at work should include both
company use of cell phones AND personal use. The rules should address
use of company owned cell phones and personally owned cell phones. All
employees should be advised in writing of the rules, and should even "sign
off" on the rules.
-- L. Bryan Williams, CPCU, AAI, President
Combined Services, Inc. (CSI Insurance Brokers)
* Our fleet manual contains the following section on cell phone use.
"All drivers are reminded to use cellular telephones carefully while
operating a vehicle; studies have shown that using cell phones while
driving significantly increases the risk of being in an accident. If
possible, pull off the road before initiating a cell phone call from your
vehicle. If it is not possible to first pull off the road, keep all calls
as short as possible and avoid allowing the phone conversation to distract
you from traffic conditions, your driving, and other drivers. Use of cell
phones which permit hands-free operation is recommended."
We did consider banning cell phone use while operating company-owned
vehicles, but realized that we had no way to enforce such a ban. There
was also a lot of discussion about other distracting behavior (adjusting
radio, eating, etc.), which also increase the likelihood of an accident.
The above provision was therefore a compromise.
-- M. Lyn Martin, CPCU, ARM, Are, Corporate Risk Manager
California Casualty Management Co.
* Our largest exposure results from the use of cell phones while driving.
We've just developed a formal Driving Safety Policy and have used the
Prohibited Actions section of the Policy to prohibit use of a cell phone
while the vehicle is in motion. Failure to comply with any section of
the Driving Policy may result in corrective action up to and including
termination. Employees are required to sign an acknowledgement that they
have received the Policy and agree to comply with its terms and conditions.
While we don't believe this will eliminate the problem, our goal was to
address the issue and reduce the frequency.
-- Jean Bullerwell, Sr. Risk & Insurance Analyst
Getronics, Billerica, MA
* I am the risk manager for New York State. Our governor recently issued
an executive order banning the use of hand held cell phones for all State
employees, while conducting business in a vehicle.
-- Rosemary Keville, Chief
New York Bureau of Risk & Insurance Management, Albany, NY
* Companies can have the same kinds of polices on cell phones, but people
will do what they want, because they believe they are "more careful"
than the person in the car on the phone next to them. I think its called
human nature.
-- Dennis Wilder
last updated: September 5, 2001
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