Ohio’s New Distracted Driving Law: What Employers Need to Know
On April 4, 2023, a new set of distracted driving laws went into effect in Ohio. Each one of these laws governs the ways in which those in Ohio can use both their vehicles and digital devices.
Every employee must abide by these laws and every employer should be aware of these laws and what they mean for the employees whose job involves driving.
To ensure that a company and its employees are abiding by these new laws, it often helps to speak with a workplace lawyer who can go over these laws and how they relate to a particular company.
What are Ohio’s New Distracted Driving Laws?
Ohio’s new distracted driving laws cover several distinct behaviors. Each one of these behaviors involves both driving and, in turn, the usage of digital devices while doing so.
While driving, an individual within the state of Ohio cannot:
- Use their cell phone while driving.
- Hold their cell phone while driving.
- Place their cell phone on their lap while driving.
- Place their cell phone on any part of their body while driving.
Even though the above holds true in most cases, some exceptions exist. The most notable exceptions to Ohio’s new distracted driving laws are as follows:
- Using a cell phone when the vehicle is stationary and/or outside of the lane/at a traffic light.
- Calling law enforcement, or another agency, during an emergency.
- Holding a cell phone to one’s ear without manually operating it.
- Using the speakerphone function on a cell phone without physically holding the device
- Accessing a particular feature on a cell phone with a single swipe or other singular, physical action.
Every single one of the above actions is legal, but other somewhat related actions, such as holding the phone on one’s leg while sending a text message, are illegal.
What are the Penalties for Violating Ohio’s New Distracted Driving Laws?
Someone who violates Ohio’s new distracted driving laws may be subject to the following penalties:
- First Offense: A fine of $150, as well as being assessed two points on their driving record.
- Second Offense, Within Two Years of The First Offense: A fine of $250 and being assessed three points on their driving record.
- Third Offense: A fine of $500, being assessed four points on their driving record, and a 90-day license suspension.
Due to the state of Ohio’s new distracted driving laws, law enforcement officials have the right to immediately pull over a driver who they see on their cell phone.
What Should You Do?
Every company that works with drivers in the state of Ohio must have a policy that addresses these new distracted driving laws. A failure to develop a policy is a violation of OSHA’s rules, which require that employers identify hazards their employees will face and then take measures to address them.
Outside of developing a new company policy to address these laws, HR officials should, if possible, go over the current policies and update them to align with these new laws.
Right after the policies are developed/updated, they should be distributed to employees whose work involves driving. Those same employees should go through a training program that further clarifies these laws.
Speak With an Ohio Workplace Lawyer Today
Conducting the actions outlined above can be tricky. But, by speaking with an Ohio workplace lawyer today, we can assist you in developing new policies/updating current policies, distributing the new/updated policies, and setting up the appropriate training programs.
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