Distracted Driving: The Impact on Employer Liability

Technology changes faster than law. As a result, the OHS laws don’t currently address cell phone use by workers much less distracted driving. But the fact is that employers do have a legal obligation to prevent distracted driving by their workers to protect not only the workers themselves but also any third parties they might injure. This obligation is rooted in three sets of laws:

1. General Duty Clause
2. Highway Safety Laws
3. Negligence Law