April is Distracted Driving Awareness Month and OSHA has taken the opportunity to post a blog on the subject in which it reminds employers that “traffic accidents are the number one workplace killer.” OSHA does not require employers to have any type of a cell phone policy in place but in its “Distracted Driving: No Texting” brochure the Agency notes that “[w]hen your workers are behind the wheel doing your company’s work, their safety is your business.” The brochure goes on to say that if OSHA receives a “credible complaint” that an employer either explicitly or implicitly requires an employee to text while driving, it will investigate and issue citations if warranted. Given that OSHA does not have a specific standard regulating cell phone use and driving any such citations would likely be issued under OSHA’s General Duty Clause.

OSHA would like employers to be proactive by putting policies in place to ensure safe cell phone use. It recommends that employers spell out that texting and driving is prohibited, establish clear work procedures on when and how drivers should communicate with their employer or customers, include safe communication practices in employee training, and eliminate incentives that might encourage employees to text while driving.

To read more go to https://www.osha.gov/Publications/3416distracted-driving-flyer.pdf or http://blog.dol.gov/2015/04/14/protect-workers-from-the-no-1-cause-of-workplace-deaths/.

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Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.