Illinois to Ban Most Cell Phone Use in Vehicles
Thursday, August 20, 2009 | 0
By Eugene F. Keefe
Synopsis: Legislative update from Springfield. Can anyone be safe while the legislature is in session?
Editor's comment: Beginning on Jan. 1, 2010, it may be illegal to use a cell phone on large stretches of Illinois highways. To the extent it will be illegal to cell phones in construction zones and the whole state highway system sometimes feels like a continuous and unending construction zone, cell phones are effectively banned in many areas. It is not going to be a defense to use hands-free phones.
Texting and e-mail use while operating a motor vehicle will be completely banned across the state, including all roads, whether inside and outside construction zones.
The Associated Press reports the number of deaths in work zones along Illinois highways was already way down because of strict enforcement prior to passage of giant fines and other efforts targeting vehicular safety in construction areas. In five years the number of deaths in construction zones fell from 44 in 2003 to 21 in 2008. Obviously, the Democratic legislature and governor feel this will further cut the number of fatalities.
The legislature has passed and the governor has signed these bills:
Public Act 96-130 (D'Amico, D-Chicago; Sandoval, D-Cicero) prohibits texting or reading e-mail while driving on the road. Exempts emergency calls or GPS devices. Effective January 1, 2010.
Public Act 96-131 (D'Amico, D-Chicago; Althoff, R-Crystal Lake) prohibits any use of a cell phone while driving in a construction zone or school zone. Effective Jan. 1, 2010.
We aren't sure how these new laws are going to be enforced but we are certain the entire Illinois workers' compensation community lives and works in their cars, vans and trucks. We caution all of the attorneys, physicians, nurses, claims representatives, brokers, Arbitrators, Commissioners and all of our other readers to watch out when using cell phones after Jan. 1 while on the highways and by ways of our state. We can hardly wait to see cameras pointed into cars, vans and other vehicles and automatic tickets being sent out.
Synopsis: U.S. Department of Transportation reinstates rule requiring direct observation of drug testing.
Editor's comment: This is a major issue for transportation industry workers our readers should be aware of. If your focus is limited to workers' compensation, please move on to the next topic.
The U.S. Department of Transportation reinstated its 2008 final rule subjecting transportation industry workers in safety-sensitive positions to direct observation for all return-to-duty and follow-up drug tests, according to a notice published in the July 30, 2009, Federal Register. The rule takes effect Aug. 31.
Employees who fail or refuse to take the tests are barred from performing safety-sensitive duties until they complete a treatment program under the supervision of a substance abuse professional. Employees who successfully complete the program must then pass a "return-to-duty" test before resuming safety-sensitive duties. During the following twelve months, employees must also pass at least six unannounced "follow-up" drug tests.
Prior to this rulemaking protocol, U.S. employers had the option of conducting return-to-duty and follow-up tests using "direct observation", a procedure that requires a same-gender observer to "watch the [fluid] go from the employee's body into the collection container." The DOT has now made this formerly optional procedure a requirement due to concern that not enough employers were utilizing the option. Because the rule applies only to employees who failed or refused to take previous drug tests, the regulation balances the government's compelling interest in transportation safety with the employees' freedom from intrusive searches.
All employers with CDL employees should review their policies and procedures for their DOT drug testing program to ensure they are up to date. Many employers do not perform specimen collection themselves, but outsource the function to certified vendors. For these employers, the new regulations may not require any change in procedures, but employers should ensure their CDL employees understand the new requirements. Employers who conduct collections in-house must continue to ensure that they meet the requirements of Subpart D to Part 40 of the Code of Federal Regulations (governing collection sites). Such employers are also well advised to ensure that collection site personnel include individuals of both genders to allow for direct observations by someone of the same gender.
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Eugene F. Keefe is a partner in the Chicago law firm of Keefe, Campbell & Associates.
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