What to do about MP3 Players and Other Distracting Music Devices
Many workplace incidents occur because workers weren’t concentrating on the task at hand. So if you’re a safety coordinator, the last thing you want your workers to do is use a device that causes distraction and loss of focus. But that’s precisely what’s happening. The culprit: iPods, MP3 players and other music playing devices. “The use of music devices is widespread and growing,” says Brian G. Johnston, a Nova Scotia labour and employment lawyer. And these devices aren’t just for kids. MP3 players are popular with workers, many of whom use their devices on the job.
We’ll explain how the use of these devices (which, for simplicity’s sake, we’ll refer to collectively as “MP3 players”) creates serious safety hazards and why you should consider banning or at least limiting their use in your workplace. And we’ll show you how to create a written policy that’s clear, fair and enforceable. There’s also a Model Policy that you can adapt for use at your workplace.
What’s the Danger?
Use of MP3 players among workers performing their jobs is on the upswing. For example, one study found that 80% of technical and creative workers and about 40% of clerical workers spend more than 20% of their work day listening to music. And as young people—who seem almost physically attached to their MP3 players—enter the work force, use of these devices at work is only going to grow. So if you don’t have issues with the use of MP3 players at your company now, you’re likely to have them in the near future, notes Johnston.
Is the use of MP3 players at work really such a bad thing? Some have argued that such use is actually a positive development, says Johnston. Studies have shown that listening to one’s favourite music helps reduce stress and increase productivity. In addition, it can relieve workers of tedium and keep them alert.
But the use of MP3 players at work can also be dangerous. Such use creates some serious safety hazards, particularly in industrial workplaces. Workers in these environments need to have their wits about them at all times, says Johnston. There’s a big difference between an accountant’s use of an MP3 player while poring over spreadsheets and a manufacturing plant worker’s use of one while operating a forklift.
In an industrial setting, Johnston says that MP3 players can create three kinds of safety hazards:
MP3 Players & the Risk of Liability
There’s also a good case to be made for banning or limiting the use of MP3 players in the workplace for liability reasons. True, no law—OHS or otherwise—specifically bars the use of MP3 players in the workplace, notes Johnston. Note: There is, however, a safety regulation in Yukon that bars the use of “muff type hearing protectors or headsets which have been designed or modified to accept AM or FM radio or other music sources” [Occupational Health Regulations, Sec. 5(2)]. And the OHS regulations of most provinces specifically require employers to ensure that certain powered mobile equipment be fitted with “audible” alarms that are activated when the equipment goes in reverse. Alberta goes so far as to require the alarm to be “audible above the ambient noise level” [OHS Code, Sec. 267(1)(ii)].
But just because there’s no legal requirements specifically banning MP3 players in workplaces doesn’t mean that you shouldn’t institute such a ban at your facility. And, in fact, you may have to do so. Explanation: Each province’s OHS statute has what’s commonly known as a “General Duty” clause—that is, language requiring employers to protect workers against known risks, explains Johnston. It could be argued that the dangers posed by the use of MP3 players is a risk of which an employer is or should be aware. Consequently, the failure to limit the use of such devices could be considered a violation of the general duty clause and expose you to the risk of prosecution, fines and other penalties.
Why You Need a Written Policy
As a safety coordinator, you need to recognize the dangers posed by the use of MP3 players and take reasonable steps to control them. The way to do that is to formulate and implement a policy that deals specifically with this issue. Johnston doesn’t believe that employers should necessarily ban the use of MP3 players in the workplace. After all, there are some legitimate benefits to such use. But employers do need to consider the appropriateness of the use of MP3 players in their particular workplace and balance any benefits from such use against any dangers such use poses, he says.
Although several safety coordinators told the Insider that the use of MP3 players is banned or limited in their workplaces, surprisingly none of them had written rules or policies spelling out that ban. And that’s a big mistake. Why? Because having a written MP3 player use policy can help you prove due diligence if you’re ever accused of an OHS violation because a worker was hurt or killed because he or a co-worker was using an MP3 player in the workplace.
Example: You have a written policy banning the use of MP3 players that you’ve posted and given to all workers. A worker violates your policy and uses an MP3 player while he’s working on an assembly line. The cords from the headphones get caught in the machinery and, as a result, the worker is seriously injured. If the company is accused of failing to take reasonable steps to protect the worker, having a written policy shows that it recognized the hazard posed by the use of MP3 players in the workplace, took steps to protect workers from the danger and educated workers about the hazard.
A written policy is also easier to enforce than one that’s understood but not actually written down, says Johnston. A written policy sets the boundaries of acceptable conduct and MP3 player use and puts your workers on notice of your expectations. Workers will then know what they can—and can’t—do and what the ramifications will be if they violate the policy. Then, if a worker uses an MP3 player while, say, operating a cherry picker, you’ll have laid the legal groundwork to discipline the employee for the infraction.
What Your Policy Should Say
We’ve put together a Model Policy limiting the use of MP3 players that you can adapt and use in your workplace if you determine that the dangers of using MP3 players in your workplace outweighs any benefits. You should distribute your written policy to all workers and post it in the workplace. Your policy, like our Model Policy, should do the following:
Explain the policy’s purpose. It’s a good idea to explain the rationale behind the policy to your workers, says Johnston. After all, workers might feel that listening to music while doing their job is a right that you have no business taking away. To head off resentment and increase the likelihood that the policy will be obeyed, you need to explain how the policy is necessary to promote safety [Policy, intro].
Define devices broadly. Don’t confine your ban or use restrictions to a particular device or technology. Say it applies to “music devices” and define that term broadly to include items such as iPods, MP3 players, CD players and radios with headphones [Policy, intro].
Say who’s covered. The policy should apply to all workers, contractors, consultants, temporary workers and other workers, including all personnel affiliated with third parties, who work at your site or facilities [Policy, par. 1].
Spell out prohibited uses. Bar workers from using any music device in the workplace while they’re working. And note that while in the workplace during work hours, workers are expected to focus on work [Policy, par. 2].
Spell out permitted uses. A complete ban on the use of music devices in your workplace may not be necessary. For example, it may be reasonable to let workers use music devices while they’re not working, provided they use the devices only in the break room, lunch room or offices, says Johnston [Policy, par. 3].
Note penalties for violations. Warn workers that if they violate the policy, they’ll be subject to disciplinary measures up to and including dismissal, depending on the circumstances [Policy, par. 4].
Click here for Model Policy – Music Device Policy
Conclusion
The MP3 player situation is a perfect example of why safety coordinators need to pay attention not only to what the laws say but also to what’s actually going on at their workplaces. OHS laws were created at a time when nobody had ever heard of an MP3 player. But they’ve clearly emerged as a threat to safety. If you’re not tuned in to the danger (so to speak) and capable of adjusting your policies, you’re not doing all you can to ensure a safe workplace.
INSIDER SOURCE
Brian G. Johnston, QC: Stewart McKelvey, Purdy’s Wharf Tower I, Ste. 900, 1959 Upper Water St., PO Box 997, Halifax, NS B3J 2X2; (902) 420-3374; bjohnston@smss.com.
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