Ohio’s ban on texting and driving took effect August 31, 2012. Activities like typing, sending, receiving and reading emails, tweets, and status updates are now illegal. Drivers who engage in this activity can be ticketed by the police. The law does not carve out an exception for “just a quick email,” responding to an angry boss, updating your team on a recent development, or keeping in touch with your best client. There are some exceptions, however.
For adults, the use of wireless electronic communication devices while driving is permissible for:
- Emergency-related texting
- Texting while sitting in a parked car off the main roadway
- Entering telephone numbers preceding a telephone call
- Using a wireless device for navigation purposes
- Using a hands-free device
Drivers who are under 18 years old have fewer exceptions:
- Emergency-related texting
- Texting while sitting in a parked car off the main roadway
- Using a hands-free device
Employers have always been potentially liable for injuries to people or damage to property caused by employees who use a cell phone when driving. The new ban on texting and driving has not changed this. Employers can still be liable for such injuries and damage.
If your company does not have a policy covering the proper use of cell phones while on company time or in company vehicles, such a policy should be created. If your company has a cell phone policy, it should be reviewed and updated to include recent changes in the law, including this one. If you regularly conduct business in a municipality with a complete ban on cell phone use, adjust your policy accordingly. (Ohio Grocers Association [OGA]: www.ohiogrocers.org)