b'Garys CornerDistracted Driving/WorkingGary Auman, MRCA Legal CounselA few articles ago I briefly discussed the new OSHA initiative on texting while driving. Obviously texting while driving is justWe need to recognize that we the tip of the iceberg. While OSHA discussed only texting while driving, it is well aware of other distractions that canare in a potentially hazardous occur while driving as well as when at work. While driving is an integral part of our business in the roofing industry, we need tobusiness.recognize that we are in a potentially hazardous business and so, we need to look beyond just driving to identify other issues.As I mentioned OSHA considers permitting texting while driving to be a violation of the general duty clause of the Act. They have taken this position largely because with the amount of publicity about the hazards associated with texting while driving it is clearly a recognized hazard. While other driving distractions may not be as well recognized, they are equally dangerous and if you have the misfortune of having one of them come to the attention of OSHA they are going to consider you to me as much in violation of the general duty clause as if the employee was texting while driving. Dont forget, we ae at the point where a recognized hazard is one that is obviously dangerous to the observer.on the job. And, in some states this exposure extends to When driving, this may include using a cell phone,accidents while commuting to work or a worksite while in especially in heaving traffic or bad weather. While the reala company vehicle. If the accident in which our employee is hazard may be using one hand to dial a number to call whileinvolved involves any third parties our exposure will exceed driving, it is equally hazardous to be speaking on a hand heldworkers comp into the area of general liability. Your exposure device, especially if the conversation is somewhat intense. Howto damages to third parties who may be involved in an many times have we observed someone trying to negotiateaccident with your employee is significantly increased if you a corner or a curving road, steering with one hand whilehave not taken any steps to prevent distracted driving by your concentrating on the call they are on with the cell phone inemployees while on business and greater still if you condone or their other hand? But, even a hands free phone with voicedirect activities that can be considered distracted driving.commands will cause distractions, especially if it is being used in heavy traffic or bad weather. I know many of us feel we areMRCA Safety Recogintion Programgood at multi-tasking, but there is a limit where those effortsI am excited to report that the MRCA Safety Recognition take us into unsafe actions. Program has gotten off to a good start. A volunteer grading While we are discussing driving, lets discuss othercommittee, headed by Andy Wray of Wray Roofing, competed hazardous activities. Because of the limited space we haveits work and had the pleasure of seeing a number of applicants for Garys Corner, I will postpone mydistracted workingfor the recognition be recognized at the MRCA Member comments until my next article. As I have indicated theremeeting and awards program on the first day of the annual are other distractions we permit ourselves while driving. Iconference and trade show at the Gaylord Texan in Grapevine, know I am as guilty as anyone. Swinging through a fast foodTexas. While there were no platinum award winners this year, restaurant to pick up a sandwich to eat while driving to anthere were several companies recognized at the Gold level. The appointment because we didnt allow enough time to stop andparticipants and all other attendees at the conference also had eat lunch. Then as we try to choke down our sandwich, we arethe opportunity to attend a roundtable session with the judges more worried about the food or condiments we might get onand receive a sample of the critiques letter all participants in ourselves than paying attention to the road ahead and to ourthe recognition program received evaluating their program.left or right. Just drinking a cup of coffee or a coke providesFinally, MRCA General Counsel was available both days on the distractions as we try to get the beverage container in the cuptrade show floor for individual consultations concerning the holder without taking our eyes off the road. Then there arerecognition program and any other matter concerning safety. the men who are shaving while they are driving and the ladiesThere will be more on the recognition program and lessons putting on make-up.learned in a future article.As you can see the best program is to prohibit any activity in any vehicle, company or private, while on business for the company. If you dont establish a blanket prohibition,Take advantage of a great MRCA member benefityour exposure to liability will extend well beyond OSHA. Thecomplimentary legal advice on OSHA-related issues from biggest concern you have is workers comp liability to theMRCA Legal Counsel Gary Auman. Contact Gary atemployee who is injured in a motor vehicle accident whileGWA@dmfdayton.com.22 www.mrca.orgMidwest Roofer'