Labor & Employment Law

On Friday, May 11, 2007, Washington Governor Chris Gregoire signed into law measures that address the growing public concern over distracted drivers. Under these measures, drivers who read and compose text messages or talk on a cell phone without a hands-free device could face fines. With the enactment of this measure, Washington becomes the first state to ban driving while texting (dwt). According to the bill?s sponsor, Representative Joyce McDonald:

"Driving while texting is a lethal combination. Text-messaging requires a greater level of concentration than other activities in the car. An average driver trying to text-message takes his or her eyes off the road at least 14 times every 30 seconds to look at the screen or use the keypad. That's a recipe for disaster. There is no way to safely drive and text-message at the same time without putting people's lives at risk."

Representative McDonald uses the following example to dispel the myth that texting is limited to teenagers:

"Last December, a multi-car and bus pileup was caused by a 53-year-old man who took his eyes off the road to use his BlackBerry. Who knows how many other accidents in Washington have been caused by people text-messaging while they drive? Some people might believe it is their right to text while driving. It's not their right, however, to put my life and the lives of other people on the highway in jeopardy. This bill sends a very simple, life-saving message: pay attention to your driving, not on the screen of your cell phone."

The text message ban goes into effect on January 1, 2008 and the requirement to use hands-free devices on cell phones goes into effect in July 2008.

The Bottom Line: Employers should be sensitive to the growing public outcry concerning cell phone usage. Companies that require employees to have cell phones should give consideration to adopting policies on proper usage of cell phones, PDA?s and similar devices. Time may be money but there is no amount of money that will bring back the life of someone who gets killed because of a distracted driver. Recognizing this, some companies are issuing their employees hands-free devices for use with their cell phones or advising their employees that they are not to use their cell phone or PDA while driving.

Nothing in this blog should be considered legal advice or to form an attorney client relationship. The information provided is general in nature. Nothing can substitute for a consultation with a legal professional who can address your particular legal concern.