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Employer Liability Many Organizations issue Cell Phones without a clear Policy Regarding Usage Read "Hands Free Phones" or Email This Link

Employer Responsibility

Over the past 6 years, states have been instituting laws addressing the problem of driver cell phone use and traffic safety. Many states have defined hands-free laws and produced legislation that bans cell-phone use completely. Although employer responsibility isn't specifically defined in the cell phone legislation, there have been an increasing number of lawsuits relating to employer responsibility regarding mobile cell-phone use for employees.

Employers that have personnel driving company owned vehicles during the course of business could be held liable if the employee is involved in a accident while using a cell-phone. Implementing a mobile phone policy and creating a general vehicle use policy is the first step to reducing employer liability. Although a mobile phone and a hands-free policy doesn't completely remove the employer from being held responsible for accidents or injuries that could occur while using a company owned vehicle, it does show some forethought and responsibility on behalf of the employer.

Lawsuits

In the state of Virginia, a attorney returning from work was talking on her cell phone with a client. The attorney ended up running down a teenage girl and killing her. The family of the girl filed a $30 million lawsuit against the employer.

In the state of Arkansas a jury found a lumber company liable after one of their employees struck another car, gravely injuring the passenger. At the time of the accident the employee driving the vehicle was using the cell phone for a sales call. The particular case ended up being settled for $16 million.

Liability Increases for Employers

Businesses are being forced to implement mobile and cell-phone policies. The new laws going into effect in 2008 are California's SB 1613 and Washington State's HB 1214. These two laws could increase employer liability since they both make it illegal to use a cell phone while driving. In California and Washington, a hands-free device is permitted, however an employer could still be held responsible for an employee that is a negligent driver. It may be in the best interest of employers to completely ban the use of a mobile phone to reduce the chance of a lawsuit.

Policy

There are many examples of cellular phone policies, the ideas below were gathered from various websites. Simply put, your company cell phone policy should address current state laws regarding cellular phone use while driving. While some states do allow mobile phone use while using a hands free device, such allowances could increase employer liability should the employer allow their usage while driving a company vehicle.

Policy Ideas

Completely banning cell phone use while driving.

Requiring employees to use hands-free devices while driving.

Directing employees to comply with all applicable state and local laws governing cell phone use.

Requiring employees to pull over to take phone calls.

Instructing employees to avoid or terminate phone calls involving stressful or emotional conversations.

Limiting the scope of certain employees’ job descriptions so that it is clear that their positions do not include using cell phones while driving.

Prohibiting cell phone use in adverse weather or difficult traffic conditions.

Restricting driver cell phone use to brief conversations.

Emphasizing the importance of safety while taking phone calls on the road.

Mobile phones should be switched to voicemail only when the user is driving.

Sample Policy Statements

Unless absolutely unavoidable, cell phones are not to be used while driving a moving vehicle or operating moving machinery, as such distractions can cause accidents and injuries. If cells phones must be used frequently during vehicle operation, a hands-free car kit should be utilized.

Employees are required to comply with all state and local laws regarding the use of wireless phones while driving. All employees must use a hands-free device while driving. Whenever possible, employees should not make or receive telephone calls while driving. Employees should let incoming calls go to their voicemail and then find a safe place to pull over and park before initiating a call. Under no circumstances should employees use wireless phones during adverse weather or difficult traffic conditions. This employer takes its phone use policy seriously. Any violations of this policy will subject employees to disciplinary action, up to and including termination of employment.