From the Experts: Eyes On The Road, Please
Drivers can be distracted for many reasons, including texting and using their cell phones, looking at their GPS, or even changing their radio station. According to the National Highway Safety Council, in 2009 nearly 5,500 people died (16% of all motor vehicle fatalities) and nearly 500,000 were injured in crashes involving a distracted driver. A texting driver is 23 times more likely to be involved in a crash than one with undivided attention; in fact, a study by Car and Driver Based on these alarming statistics, late last year the Occupational Safety and Health Administration (OSHA) came out with a Distracted Driving Initiative. While the initiative covers all reasons for distracted driving, OSHA's initial emphasis is on the dangers of texting while driving. In addition to encouraging employers to have a policy prohibiting employees from texting and talking on cell phones while driving, OSHA states it will investigate and issue citations under the General Duty Clause if it receives a complaint that a company requires its employees to text while driving or "organizes work so that texting is a practical necessity." Other than OSHA's intended enforcement of the initiative through its General Duty Clause and a DOT guidance banning commercial truck drivers from texting, the federal government has not enacted any laws prohibiting talking or texting while driving. Several states, however, have passed laws of this nature. Thirty states prohibit all drivers from texting while driving, as do Washington, D.C., and Guam. Eight states and the U.S. Virgin Islands prohibit all drivers from using hand-held cell phones. Other states only prohibit school bus drivers from using a cell phone while driving (e.g., Arizona) or teens from talking and/or texting (e.g., Indiana). No states have banned all cell phone use while driving, despite research showing no difference in accident rate when a driver is holding the cell phone versus using a hands-free device. The distraction seems to be the conversation itself; studies indicate that all intellectual activities distract drivers, reducing their reaction time and decreasing their ability to drive safely. The General Duty Clause is a catch-all for OSHA, and simply obligates employers to create and maintain a safe and healthful workplace.Employers Duty Of Care - News
There is a growing awareness of the need to be pro-active through things like employee assistance programmes, but more organisations are genuinely recognising the duty of care they have for their employees. There is some very energetic work being done,
In addition to encouraging employers to have a policy prohibiting employees from texting and talking on cell phones while driving, OSHA states it will investigate and issue citations under the General Duty Clause if it receives a complaint that a
The partnership is a significant commitment toward that military family care and, he added, “a big deal” for spouses and employers. The event also marked the inclusion of 15 new employers who signed onto the partnership today.
This eBulletin considers the recent case of Mr Robert McKie v Swindon College [2011] EWHC 469, in which the Court held that an employer owed a duty to its former employee to take reasonable care when referring to that former employee in communications
plaintiffs have established the existence of triable issues of fact as to the applicability of an exception to this general rule, where the employer's duty is non-delegable (id.). As property owners, the Weintraubs had a duty of care which extended
Employer Liable for Negligent Statements in Email about Former ...
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Visit Website [2011] EWHC 469).The case concerned Mr McKie, who worked at Swindon College between 1995 and 2002. He received an excellent reference when he left their employment. By 2008, he was working in a new role as director of studies at the University of Bath. Part of this role involved visiting various further education colleges, including his former employer.
Swindon's HR director sent an email to the University of Bath which stated that they did not want Mr McKie on their premises or dealing with their students. The reasons given included "real safeguarding concerns for our students", and also "serious staff relationship problems" during his previous employment. As a result of receiving this email, the University of Bath dismissed Mr McKie.
Mr McKie brought a claim against Swindon College for the tort (i.e. civil offence) of negligent misstatement, based on the fact that he had lost his job due to the comments made in the email. This claim was successful. The High Court found that Swindon had breached its duty of care towards Mr McKie by making the comments set out in the email, and this directly caused his dismissal by his new employer.
The High Court observed that this was not a reference situation, where Swindon College had been asked to provide information about Mr McKie. However, in the circumstances, the former employer still owed him a duty of care.
Fair pplay to Patricia Ingle today. Employers have a duty of care to their staff and should be punnished for failing in that
duty of care extended by patel case to individuals, not state health dept. or employers. they and union disown them in court
drug testing etc. in industry is part of duty of care for employers for OH&S of workers. needs to be illegal to act Employers Duty Of Care - Bookshelf
Wellness at work, protecting and promoting employee health and wellbeing
breach of the employer's duty of care, or a breach of the implied duty of trust and confidence (see below under 'The possibility of a constructive dismissal ...Principles of labour law
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The legal aspects of midwifery
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General duty of care — employees and employers
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Duty Of Care Legislation - GPS Tracking Devices from Crystal Ball
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Employers Remain Confused About Duty of Care and the DDA
Ten per cent of the UK workforce would currently have difficulty in evacuating a building if they were unable ... Employers Remain Confused About Duty of Care and the DDA ...
WorkCover Authority of New South Wales - Duty of care
There is a general duty of care on employers of the workplace to ensure the health, safety and welfare at work of all employees and others who come on to the workplace. ...