Lines of Business: Auto Liability, General Liability, Professional Liability, Worker s Compensation

Transcription

1 Cell Phne Usage Lines f Business: Aut Liability, General Liability, Prfessinal Liability, Wrker s Cmpensatin Risk Cntrl Strategy/Key Issues: Develp cntrls t prevent ver the rad accidents due t use f cell phnes and ther cmmunicatin technlgy Suggested Prgram Elements: 1. Plicy Statement: Develpment and implementatin f plicy. Assign respnsibilities. The reasn fr implementatin f this prgram shuld be cmmunicated, in writing, t all staff within the rganizatin. 2. Emplyee Respnsibilities: Educate and train emplyees n plicy. Obtain acknwledgement f receipt f plicy, retain n file. Frequent cmmunicatin t enfrce plicy. Emplyees are t fllw yur prescribed prcedures fr alerting supervisrs t any cncerns. 3. Management Prcess: Mnitring. Addressing vilatins f plicy. Use f Disciplinary Actin Prcess when warranted. General Infrmatin In the United States, nearly 90% f husehlds use wireless service. 39% f them are wireless-nly,, accrding t the Cellular Telecmmunicatins & Internet Assciatin. Due t the cmmn use f cell phnes in autmbiles, vans, trucks and recreatinal vehicles, it is imprtant that all drivers receive at least a reminder n awareness f safe driving practices. Many states have enacted stringent laws t limit the use f cell phnes and texting while driving, and many mre states are expected t d s. Prblems can ccur if: The driver is unfamiliar with hw t use the phne and its features. The driver is distracted when using the phne r texting and des nt keep bth hands n the steering wheel and eyes n the rad. The driver is using the phne in heavy traffic situatins when they need t be fully aware f the rad, fllwing distance and driving cnditins. The driver lses their cncentratin while driving, failing t bey all traffic signs and signals. The driver takes ntes / texts / reads when using the phne while driving.

2 What t D The fllwing safe driving habits and cell phne prcedures shuld be used t reduce the risks f causing r being invlved in a vehicle accident: When purchasing a cell phne, chse ne with hands-free capability r use an earpiece. Place the phne s that it is in a cmfrtable and cnvenient area fr the driver. The phne needs t be easily accessible, allwing the driver t sit and drive nrmally. Becme familiar n hw t use the phne. Read the wner s manual and practice using the different features. When dialing the phne the vehicle shuld be stpped r use a phne that is equipped fr vice cmmands. Stre any frequently dialed numbers int the phne s memry t minimize dialing. If the driver needs t take any ntes r send electrnic messages, always pull ff the rad int a safe stpping place FIRST. ALWAYS cncentrate n SAFETY FIRST and practicing safe defensive driving. Prgram Activities Calendar: Frequent mnitring f emplyee cell phne use / review f bills Peridic reminders f plicy and psitin f enfrcement Annual review f prgram Web Site Links: Natinal Highway Traffic Safety Administratin Insurance Infrmatin Institute Trident Insurance Services prvides the abve prgram infrmatin in rder t reduce the risk f insurance lss and claims. The infrmatin prvided is nt intended t include all ptential cntrls r address any insured specifically. Trident als des nt warrant that all lss and/r claims will be avided if the prgram infrmatin is fllwed. By prviding this infrmatin, Trident in n way intends t relieve the insured f its wn duties and bligatins, nr is Trident undertaking, n behalf f r fr the benefit f the insured r thers, that the insured s prperty r peratins are safe, healthful, r in cmpliance with any law, rule r regulatin. Insureds remain respnsible fr their wn effrts t reduce risks and shuld cnsult their wn legal cunsel fr apprpriate guidance.

3 STATE LAWS REGARDING RESTRICTION ON CELL PHONE USE WHILE DRIVING This chart utlines all state cell phne and text messaging laws. Sme lcal jurisdictins may have additinal regulatins. Enfrcement type is shwn in parenthesis. Handheld Cell Phnes: 10 states, plus D.C., Guam and the Virgin Islands prhibit all drivers frm using handheld cell phnes while driving. Except fr Maryland and West Virginia (until July 2013), all laws are primary enfrcement an fficer may cite a driver fr using a handheld cell phne withut any ther traffic ffense taking place. All Cell Phne Use: N state bans all cell phne use (handheld and hands-free) fr all drivers, but many prhibit all cell phne use by certain drivers: Nvice Drivers: 32 states and D.C. ban all cell phne use by nvice drivers. Schl Bus Drivers: Bus drivers in 19 states and D.C. may nt use a cell phne when passengers are present. Text Messaging: 39 states, D.C., Guam and the Virgin Islands ban text messaging fr all drivers. In the ther fur, texting bans are secndary. Nvice Drivers: An additinal 5 states prhibit text messaging by nvice drivers. Schl Bus Drivers: 3 states restrict schl bus drivers frm texting while driving. Sme states such as Maine, N.H. and Utah treat cell phne use and texting as part f a larger distracted driving issue. In Utah, cell phne use is an ffense nly if a driver is als cmmitting sme ther mving vilatin (ther than speeding). Crash Data Cllectin: Many states include a categry fr cell phne/electrnic equipment distractin n plice accident reprt frms. Recently prpsed federal legislatin wuld require states t cllect this data in rder t qualify fr certain federal funding. Preemptin Laws: Many lcalities have passed their wn distracted driving bans. Hwever, sme states prhibit lcalities frm enacting such laws.

4 SAMPLE CELL PHONE AND COMMUNICATION TECHNOLOGY USAGE POLICY 1.0 Purpse The purpse f the Cell Phne Plicy is t prvide guidelines n the safe usage f the <insert cmpany> Cmpany s cell phnes, tw-way radis, and ther technlgical equipment used fr cmmunicatin. The use f persnal cell phnes r radis is generally discuraged, but in sme cases it may be necessary. Texting r ing n a handheld device while driving is never permissible. The fllwing plicy shall cver the use f persnal cell phne usage n cmpany prperty and usage during wrk hurs. 2.0 Respnsibility The fllwing plicies and prcedures gvern use f the <insert cmpany> Cmpany s cell phnes. It is the respnsibility f all emplyees using a cell phne t adhere t these guidelines. 3.0 Prcedure / Prcess As part f the <insert cmpany> Cmpany s cmmitment t prvide a safe wrking envirnment and ensure the prper usage f cell phnes, the fllwing plicy statement is being defined. 1. It is the <insert cmpany> Cmpany s plicy that cell phne usage is fr cmpany business and will be used as a cmmunicatin tl when away frm the ffice lcatin. Cell phnes shuld nt be used when a less cstly alternative is safe, cnvenient, and readily available. Cell phne calls are cstly. When placing a call and the persn is unavailable, leave a detailed vice message with yur name, cntact number, and a detailed message n the purpse f the call. Cntinuus, repetitive calls t an unavailable party shuld be avided. Texting r ing n a handheld device while driving is never permissible. 2. Telephnes are prvided in the ffices as a means f cmmunicatin when in the ffice. Usage f cell phnes in the ffice area shuld be avided. 3. T avid electrmagnetic interference and/r cmpatibility cnflicts, turn ff yur phne in any facility where psted ntices instruct yu t d s. Hspitals r health care facilities may be using equipment which is sensitive t external radi frequency (RF) energy. 4. Turn ff yur phne when n bard an aircraft and fllw FAA guidelines and instructin as instructed. 5. The Advanced Medical Technlgy Assciatin recmmends that a minimum separatin f 6 inches be maintained between a handheld wireless phne and a pacemaker. These recmmendatins are cnsistent with the independent research by and recmmendatins f the United States Fd and Drug Administratin. a. Persns with pacemakers shuld: i. Always keep the phne mre than six inches frm yur pacemaker when the phne is turned n. ii. D nt carry the phne in the breast pcket. iii. Use the ear ppsite the pacemaker t minimize the ptential fr interference. iv. Turn ff the phne immediately if yu have any reasn t suspect that interference is taking place.

5 6. Sme digital wireless phnes may interfere with sme hearing aids. In the event f such interference, yu may want t cnsult yur hearing aid manufacturer t discuss alternatives. 7. Cell phne usage will be avided when driving. The driver s first respnsibility is t the rad and the safety f passengers, themselves and the general public. Never dial the phne r take ntes while driving. The driver will pull ff the rad and park befre making r answering a call if driving. In certain lcal jurisdictins, cell phne usage in a mtr vehicle may be prhibited by law. D nt place a prtable phne in the area ver an air bag r in the air bag deplyment area. Air bags inflate with great frce. If a prtable phne is placed in the air bag deplyment area and the air bag inflates, the phne may be prpelled with great frce and cause serius injury t ccupants in the vehicle. 8. Turn ff yur phne prir t entering any area with a ptentially explsive atmsphere. Sparks in a ptentially explsive atmsphere can cause an explsin r fire resulting in bdily injury r even death. The areas with ptentially explsive atmspheres referred t abve include fueling areas--such as belw decks n bats, fuel r chemical transfer r strage facilities, areas where the air cntains chemicals r particles, such as grain, dust, r metal pwders, and any ther area where yu wuld nrmally be advised t turn ff yur vehicle engine. Areas with ptentially explsive atmspheres are ften but nt always psted. 9. Avid pssible interference with blasting peratins. Turn ff yur phne when yu are near electrical blasting caps, in a blasting area, r in areas psted with signage stating Turn ff tw-way radis. Obey all signs and instructins. 10. D nt use any prtable phne that has a damaged antenna. If a damaged antenna cmes int cntact with yur skin, a minr burn can result. 11. All batteries can cause prperty damage and / r bdily injury such as burns. If a cnductive material such as jewelry, keys, r braided chains tuch expsed terminals, the cnductive material may cmplete an electrical circuit (shrt circuit) and becme quite ht. Exercise care in handling any charged battery, particularly when placing it inside a pcket, purse, r ther cntainer with metal bjects. 12. If unfreseen circumstances develp, and emplyees must use their cmpany cell phne t make a persnal call, the department manager will determine if the emplyee shuld reimburse the cmpany fr the phne call. The reverse shall hld true fr the use f persnal cell phnes fr legitimate cmpany business. 13. Any cell phnes having the ability t recrd digital images (phts) are strictly prhibited n cmpany prperty. 14. The <insert cmpany> Cmpany s reserve the right t mnitr an emplyee s cell phne usage fr vilatins f this plicy. 4.0 Disciplinary Actin Vilatins f this plicy shall fllw the standard discipline plicy as utlined in the cmpany handbk. Terminatin f the privilege f use f a cmpany cell phne may als result.

6 5.0 Apprvals Apprved by: IS Manager: Executive VP: President: Date Apprved Revisin Histry Date Revised Descriptin f Change Sectin and / r Paragraph RECEIPT AND ACKNOWLEDGEMENT I, have received, read, and understand (print name) Cmpany s Cell Phne Usage Plicy. I agree that (cmpany name) if I d nt understand any part f this plicy, I will ask my immediate supervisr fr clarificatin. Signature: Date: