Should an employer implement a safe driving policy for employees who drive for work?

Authors: John D. Surma and Collin G. Warren, Adams and Reese LLP

Yes. The Occupational Safety and Health Administration (OSHA) is stepping up its enforcement related to workplace driving, including distracted driving policies. While not a regulation, OSHA has issued a white paper advising employers to implement programs that keep their drivers and anyone else on the road with those drivers safe. This goes beyond creating rules; OSHA wants employers to attempt to change the attitudes and behaviors of its drivers. Further, OSHA has recently said that part of an employer's legal duty to provide a safe working environment includes keeping its drivers from texting while driving. An employer will be cited for a violation of the General Duty Clause if OSHA believes it required or even encouraged texting while driving.