Should Safety Be Mandated?

Wearing seat belts has almost become a habit nationwide. Why is the usage of face masks, then, so contested? After researching seat belt and cell phone while driving usage laws, I think it's important to put the current mandates for wearing face masks into perspective.

SEAT BELTS

The first national seat belt law was enacted in 1968 - not to actually wear them but to manufacture cars with seat belts. Before that, the seat belt was used not necessarily as a safety device but to keep the driver and passenger from hopping around on slippery, bucket seats while travelling. There were tests that proved seat belts save lives in a car accident but they were widely ignored.

Wearing seat belts did not become mandatory until each state established its own seat belt law. In 1984, New York was the first state to mandate wearing seat belts after many other additional tests proved the efficacy of wearing seat belts and a clear reduction of car accident deaths. Over 11 years after that, 48 other states instituted their own seat belt law; although, they do not employ the same requirement and penalty. New Hampshire is the only state without a mandatory use law.

California passed the seat belt law as a "primary" enforcement law in 1986. This means that a law enforcement officer can pull over a driver for not wearing seat belts as the primary reason. The original $20 fine for the first offense and $50 fine for the secondary offense still stands; however, additional penalties for state, county, court facilities construction, DNA Identification Fund, emergency medical services can be levied. In other words, a $20 fine can actually cost $162.

Of the 49 states with seat belt law, 23 states report that over 90% of their drivers wear seat belts. Seat belt usage in California is about 96%. In New Hampshire, about 67% of the drivers wear seat belts. It appears that the lower usage is mainly concentrated in states with lower population or states with large areas of farmland.

Even with the controversy about seat belt safety for shorter people and pregnant women (i.e., more injuries), wearing seat belts has been proven, time and again, as the primary reason for the reduction of car accident deaths. Other car safety features and devices only reduce the rate of death even more.

I remember when wearing seat belts became law. It was quite uncomfortable and, often, I forgot to use them but, after hearing about my friends being ticketed or reading about a person in my neighborhood that died but might have been saved by a seat belt in a car accident, I was compelled to put on my seat belt until it became habit.

CELL PHONE USAGE WHILE DRIVING

As with seat belt laws, each state has independently approached the danger of using a cell phone while driving after several reports indicated that it increases the risk of getting into a crash by three times. Some state laws affect only novice drivers or commercial drivers, while some laws affect all drivers. Some laws target handheld devices only, while other laws affect both handheld and hands-free devices. 22 states prohibit all drivers from using handheld devices while driving. 36 states prohibit all cell phone use by newer drivers. 19 states prohibit any cell phone use by school bus drivers if children are present.

In California, the 2016 law (and several iterations after that) prohibits using a cell phone or any communication device while holding it in the hand. The driver can only use it in a hands-free manner, such as speaker phone or voice commands. Any driver under the age of 18 is prohibited from using a cell phone for any reason. The fine for any violation can range from $20 to $50 plus court costs and assessments as described above for seat belt laws. In 2020, new rules were added: the driver can be charged with a misdemeanor if the driver ignores the ticket; and the driver with the cell phone who causes an accident may be found negligent in a personal injury lawsuit. Effective 2021, a point will be added to the drivers record for a violation up to 36 months after the first.

Before the cell phone law, a 2016 study found that 7.6% of California drivers could be on their cell phone while driving. After many laws were implemented and resulting tickets were threatened, this percentage was cut nearly in half. A study conducted by CSU Fresno, however, showed a 1% increase between 2017 and 2018. It is still difficult to control the drivers who believe that they can handle sending and reading texts or entering an address for directions themselves.

I did get a ticket for holding my phone to my ear while I was working downtown. I was waiting at a signal after a long meeting off-site, late for the next meeting, and wanted to give a "heads up". Luckily, this was a month before a new law was to be passed which would make using a cell phone as I did a moving violation. My fine was $26 at that time and I never used the cell phone again, without a hands-free system, while driving.

FACE MASKS

The COVID-19 pandemic has changed our world so dramatically. Once again, instead of a a national response or guidelines, each state has become responsible for controlling the spread of the virus into their communities. Some states have chosen to ignore the warning because it seems so far away or is limited to a small area. Others, like New York, New Jersey, Washington and California (the entry points of the virus) were hit hard and has had to respond quickly.

The Centers for Disease Control and Prevention (CDC) began to publish piecemeal guidelines for health professionals and community leaders (February 21), for institutions of higher education (March 17), for retirement communities (March 20), for healthcare settings (April 5), for homeless shelters (April 6), school closure considerations (April 27), for nursing homes (April 29), for businesses and employees (May 5), for manufacturers (May 11), for churches (May 22), for youth sports (May 28), for agriculture (June 10), and public beaches (June 15). Information about general use of face masks (outside of the Personal Protection Equipment usage in hospitals) was published, but not recommended, on June 27. Recommendations followed later on July 14 after several tests proved that cloth masks are effective to reduce transmission of the virus.

On March 13, Californians were all sheltering in place - going out of their homes only to get essentials. Only grocery stores, pharmacists, hospitals, post offices, gas stations and retailers who sold essential supplies were open. Even then, we were mandated to minimally wear cloth face masks when visiting these establishments.

On June 18, Governor Newson issued a statewide mandate requiring pretty much everyone to wear a face covering when outside their home and near other people. The California Department of Public Health explained that the use of face masks can limit the release of infected droplets when talking, coughing and/or sneezing, as well as reinforce physical distancing. Specifically, face coverings are required when in high-risk situations:

• Inside of, or in line to enter, any indoor public space

• Obtaining services from the healthcare sector in settings including, but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic or blood bank

• Waiting for or riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle

• Engaged in work, whether at the workplace or performing work off-site, when interacting in-person with any member of the public; working in any space visited by members of the public; working in any space where food is prepared or packaged for others; working in or walking through common areas (e.g., hallyways, stairways, elevators, parking facilities); in any room or enclosed area where other people (other than family) are present when unable to physically distance

• Driving or operating any public transportation, taxi, private-car service or ride-sharing vehicle when passengers are present

• While outdoors in public spaces when maintaining a physical distance (of 6 feet) is not feasible

Enforcement, however, was relegated to local jurisdictions. Some cities/town are depending on people's goodwill; others are levying fines for violations. If you get caught without a face covering in Santa Clara County, for instance, it could cost you up to $500. Businesses face fines up to $5,000. In Glendale, the first fine is $400, the second is $1,000 and the third is $2,000!

California, recently, instituted a county-level color-coding system based on case, hospitalization and death trends. The guidelines to control the COVID-19 virus spread, while attempting to open businesses safely, continue to change based on these color codes but the mandate for face coverings still stand. The difficulty is how to wear the masks when eating at restaurants, having dental work done, and getting one's hair or beard trimmed. Recent news have shown that a rise of COVID-19 cases at least two weeks after eating indoors at a restaurant.

Bottom line, scientifically, contacting COVID-19 from another person is based on three things: proximity, duration and movement. This means that the closer one is to an infected person (proximity), how long one is exposed (duration) and how the virus is dissipated (movement) will determine infection. Meeting in a small indoor space, without social distancing, is not ideal. Meeting outdoors, with social distancing, is better. In both cases, the masks reduce the risk.

"At long last, we have made a truly game-changing scientific breakthrough in preventing the spread of COVID-19. We have found a disease-control tool that, when used properly, can reduce transmission by somewhere between 50% and 85%. The tool is cheap and remarkably low-tech. You can even make one at home."

Gavin Yamey (Physician & Professor of Global Health and Public Policy at Duke University)

I am fascinated by the NBA "Bubble", where the players are tested and quarantined, and the games are held in sanitized areas. Anyone who is not playing wears a mask. When compared with the MLB, where the players are not quarantined, where masks were not required, and the games are held at various locations, it is clear that the NBA designed a well-thought method that protected their players. Two teams of the MLB tested positive within two weeks and had to forfeit playing.

So what do I believe? I'm frustrated that there are not clear guidelines everywhere (although, there would have to be a better system, that can be updated, to display the guidelines so one can see what is going on when travelling from county to county). I'm angry that this pandemic has become so politicized and there are factions that believe this is all a hoax. Mainly, I respect science.

I do maintain social distancing. If a business has decided not to take on the responsibility to limit their capacity, I leave (and, honestly, I don't visit them again because they do not respect their customers). I don't go to restaurants to eat - even outdoors - because I'm not convinced that sanitizing between customers is sufficient.

I do wear facial masks as mandated. I don't wear a mask in my car but I do pop it on before I walk into the grocery store or pharmacy, for instance. If a repair person comes into our house, he/she must wear a mask and we do as well. When we're walking our dogs, we bring our masks with us but, lately, we haven't met anyone who wants to get closer than 6 feet from us (because Ella doesn't like people or other dogs)!

Why? There are several reasons.

• I don't want to become infected with COVID-19. I don't know how sick I'd be. I'm healthy but I am a senior. I respond to different maladies in odd ways. My allergy to duck down, for instance, nailed me for four months!

• I wear masks as a courtesy. While the masks can protect me from other people's spittle, it's really to protect others from mine. It's similar to putting my old dog on a leash when we're approaching/approached by someone else. He won't run away (he can't). He won't attack or growl (he's too sweet). But others may be afraid of him because he is large. The leash should allay any fears.

• It has been proven that, if a population wears facial masks and keeps socially distant, the virus will not spread. What else do you need?

I've decided to approach wearing masks in a positive way. I have many and I'm considering making a few with Japanese designs. This may be the only fashion statement I can make while we're working through this pandemic!