Runzheimer International Government Workshop Training Session 4 – June 26 FedFleet 2012

1. Runzheimer InternationalGovernment WorkshopTraining Session 4 – June 26FedFleet 2012 Distracted Driving: Is your agency at risk?

2. Distracted Driving Today’s Agenda Distracted Driving Background Defining the Problem Types and Causes of Distracted Driving Federal Government Data Agency Risk Consequences – Cost and Liability Prevention and Policy Enforcement

3. Distracted DrivingCan take many forms Photo credits: carinsurance.org and claybennett.com

4. Distracted Driving: Reviewing the Numbers We are both a “Mobile” & “Connected” Society • As of December 2011 A. US Population: 311 Million (est.) • # of Mobile Phones: 331.6 Million • # of Licensed Drivers: 203 million • # of Mobile subscribers: 285 million • CTIA’s March 2010 wireless survey showed that 91% of all Americans had a cell phone. • Using a cell phone while driving reduces brain activity associated with driving by 37%. 1. Census Bureau, DOT. 2. CTIA. 3. Carnegie Mellon.

5. Distracted Driving: Reviewing the Numbers 2 A. VTTI B. CTIA C. Pew Research D. Nielsen Company 4. Texting A. Headset cell phone use is not substantially safer than hand-held use. • In June 2011, more than 196 billion text messages were sent or received in the US, up more than 50% from June 2009. • 40% of all American teens say they have been in a car when the driver used a cell phone in a way that put people in danger. • The average teenager sends 3,339 texts per month.

6. Distracted Driving: Reviewing the Numbers 3 4. Texting (cont’d) E. The texting problem isn’t confined to one demographic group:

7. Distracted Driving: Real World Examples - 1 The bus driver was talking on a hands-free cell phone and missed all of these posted warning signs. National Transportation Safety Board

8. Distracted Driving: Real World Examples - 2 National Transportation Safety Board

9. Distracted Driving: Real World Examples - 3 National Transportation Safety Board

10. Distracted Driving: Real World Examples - 4 National Transportation Safety Board

11. Distracted Driving: Defining the Problem Half of our workers are mobile and feel the need to be connected to their employer.

12. Distracted Driving: We’ve All Seen It

13. Distracted Driving: Three Categories Photo credit: Kristin Oguntoyinbo/UNC Highway Safety Research Center Visual – Taking your eyes off the road

14. Distracted Driving: Three Categories Photo credit: Kristin Oguntoyinbo/UNC Highway Safety Research Center 2. Physical – Taking your hand(s) off of the steering wheel

15. Distracted Driving: Three Categories Photo credit: Kristin Oguntoyinbo/UNC Highway Safety Research Center 3. Cognitive – Not paying attention to the road

16. Distracted Driving Kills 1. AAA. 2. NHTSA. 3. Virginia Tech Transportation Institute. 4. GSA Fleet. • 25 - 50% of auto accidents are caused by driver distraction due to mobile phone usage. • Cell phone distractions annually cause: • 1.1 million crashes • 500,000 injuries • 5,000 deaths • Drivers’ texting are 23 times more likely to have an accident or near miss (and that’s 8 times higher than driving drunk!). • Federal Government drivers have an accident rate over 8 times that of the average American driver.

17. Distracted Driving: Most Common Causes OSHA Texting Interact with/Look at Dispatching device Write on pad, in notebook, etc. Use calculator Look at map Dial cell phone Talk/Listen on cell phone Talk/Listen on hands-free cell phone Talk/Listen on CB radio

18. GSA Fleet Safety Statistics • Accidents: FY09: 7,950 FY10: 7,881FY11: 7,616 • Incidents: FY09: 16,172 FY10: 16,749 FY11: 16,177 • Average accidents per million miles: • FY09: 3.67 FY10: 3.7 FY11: 3.73 • Fatalities

19. GSA Fleet Accidents by Type, FY2011

20. GSA Fleet Accident Breakdown, FY2011

21. Distracted Driving: Is Costly 1. CDC. 2. NHTSA. 3. NSC, et al. • Motor vehicle crashes are consistently the leading cause of fatalities in the workplace. • On the job crashes cost employers, on average: • $24,500 per crash • $150,000 per injury • $3.6 million per fatality • The legal theory of respondeat superior, or vicarious responsibility, means an employer may be held legally accountable for negligent employee actions if the employee was acting within the scope of his/her employment at the time of a crash, including government employees.

22. Federal Government Liability 28 U.S.C. 2674. Federal Tort Claims Act (FTCA) The FTCA permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. …"[t]he United States [is] liable . . . in the same manner and to the same extent as a private individual under like circumstances, but [is not] liable for interest prior to judgment or for punitive damages." Federal courts have jurisdiction over such claims, but apply the law of the state "where the act or omission occurred.”

23. FTCA Origin

24. Distracted Driving: Can Get You Sued Ford v. McGrogan & International Paper – $5.2 million settlement (2008): Here an employee of International Paper rear-ended another car while distracted by use of a mobile phone. The plaintiff, whose arm had to be amputated as a result of the crash, sued International Paper under a theory of vicarious responsibility. Even though International Paper had previously adopted a policy banning employees from using a cell phone while driving, it nevertheless agreed to settle the case for $5.2 million.

25. Distracted Driving: Government Liability Gray vs. Prince George’s County, Maryland (2009) - $4 million verdict State of Hawaii (1996) - $1.5 million verdict Obregon vs. the City of Palo Alto, CA (2010) - $1.45 million verdict State of Illinois (2007) - $8.7 million verdict

26. Distracted Driving: Can Get You Sued Nueces County, TX Case no.10-61510-2: Coca-Cola– $21 million judgment (2012): A Coca-Cola driver struck and killed another driver while on their cell phone. The jury heard overwhelming evidence of how Coca Cola knew of the dangers of using a cell phone while driving, including having a cognitive distraction of 37% while on a cell phone. The jury heard that Coca Cola withheld this information from its employee driver, in addition to the data on the numbers of deaths and injuries arising from cell phone use while operating vehicles, according to court documents.

27. Distracted Driving: Can Be Illegal 1., 2., 4., 5. IIHS. 3. Executive Order 13513. • 39 states have banned some form of cell phone usage while driving. • 11 states, DC and the Virgin Islands have total bans on handheld devices. • Executive Order 13513, signed in 2009, mandates: • No texting & driving in Federal Government vehicles. • No texting & driving by Federal Government employees, or contractors, with a mobile device provided by the Federal Government, even if in a POV. • Certain drivers have additional regulation: • Novice Drivers: 31 states & DC ban all cell phone use. • School Bus Drivers: 19 states & DC ban cell phone use. • Chapel Hill, NC bans all cell phone use while driving.

28. Distracted Driving: Can Put You in Prison Essex County, MA vs. Aaron Deveau (2012): Deveau was charged with motor vehicle homicide and negligent operation of a motor vehicle, using a mobile phone while operating a motor vehicle, reading or sending an electronic message, a marked lanes violation, and two counts of negligent operation and injury from mobile phone use. He became the first driver in Massachusetts to be convicted of motor vehicle homicide by texting, has been sentenced to 2.5 years in prison and loss of his license for 15 years

29. Distracted Driving: Restrictive NTSB, Washington Post National Transportation Safety Board In December 2011, NTSB recommended that all 50 states and the District of Columbia enact complete bans of all portable electronic devices for all drivers – including banning use of hands-free devices. This recommendation follows their total ban recommendation for commercial drivers in October, 2011. Several companies have already instituted total cell phone bans, including: UPS, DuPont, Chevron, CSX, Shell, Time Warner and Owens-Corning.

30. Distracted Driving: Prevention & Enforcement Policy: “It is the employer’s responsibility and legal obligation to have a clear, unequivocal, and enforced policy against texting and driving.” OSHA, 10/2/2010. Reality: Companies are increasingly concerned: 80% of companies have adopted written policies pertaining to the use of mobile devices while employees are driving on-the-job - a 29% increase since last year. Efforts to enforce policies have increased: 86% of companies now take steps to enforce their documented policies - a 62% increase from last year.    Confidence in current enforcement methods has decreased: Only 26% of companies say they are "very confident" that current enforcement efforts are sufficient to modify driver behavior.  Interest in cell phone compliance technology grows: 26% of companies plan to evaluate technology solutions within the next twelve months to help manage compliance with documented policies.

31. Distracted Driving: Prevention & Enforcement NSC Cell Phone Policies: • Employers can and should design cell phone policies to follow best safety practice, reduce significant risks and minimize liability. Employers should implement cell phone policies which include: • Handheld and hands-free devices • All employees • All company vehicles • All company cell phone devices • All work-related communications – even in a personal vehicle or on a personal cell phone

32. Distracted Driving: Prevention & Enforcement NSC Having a policy is not enough! Employers need to: Educate employees Monitor compliance Enforce the policy Address violations

33. Distracted Driving: Prevention & Enforcement What solutions are out there? • Mobile apps • In-vehicle cameras • GPS Telematics capture devices • Passive • Active

34. Distracted Driving: Prevention & Enforcement So what’s the Best Solution? The best solution is to have restrictive policies, training, monitoring, and proactive enforcement appropriate to the risk threshold of the agency. Risk can never be entirely eliminated, and different companies are comfortable assuming risk at different levels. However, by following the basic best practices outlined above, you should be able to appropriately minimize the risk to your agency from the distracted driving practices of employees.

35. Distracted Driving: The Reality

36. Distracted Driving: Q & A