Employee Cell Phone Use While Driving: What is Your Company’s Liability?
Issue #45
March 3, 2008
While recently conducting a seminar on managing the risks associated with employee handbooks, I mentioned the importance of having a cell phone policy since more states were enacting laws about their use while driving. My experience in auditing employee handbooks, along with many requests from the attendees for a sample policy, leads me to believe that most employers currently do not have such a provision and may want to consider doing so.
According to the Cellular Telecommunications & Internet Association, as of May 2007, 236 million people have a cell phone as compared to 4.3 million in 1990. In keeping with this trend, conducting business on a cell phone while driving has also become a commonplace practice. While employers may be aware of the obvious benefits of allowing employees to use cell phones to conduct business while driving, they may be unaware of their liability risks
A Johns Hopkins University study found that as individuals focused on listening and engaging in conversation, the activity in the visual part of the brain decreases. This is true even with the use of a hands-free device. In addition, the University of Utah found that drivers are as impaired on a cell phone as they are while driving under the influence of alcohol. Furthermore, with the advancement of technology, cell users can e-mail clients, surf the internet and receive faxes from their hand-set. These features only increase the likelihood that the driver will get distracted while also trying to concentrate on the road. There is now a growing number of lawsuits involving employer liability for traffic accidents caused by employees talking on cell phones while on the job.
Minimizing Employer Liability
While there is no guaranteed defense to liability, developing an appropriate employee cell phone use policy, training employees about the dangers of talking on a cell phone while driving, and enforcing policies with signed written acknowledgments from employees when they are issued cell phones and related equipment all can help limit an employer’s potential liability.
Considering that several states current ban the use of hand held cell phones while driving, and many states have taken an increasingly active role in addressing the relationship between driver cell phone use and traffic safety, employers should require employees to observe all applicable laws regarding cell phone use while driving. While state laws do not directly address employer liability, they have the potential to increase employer exposure for cell phone-related accidents.
Free for the Asking . . . .
If you would like a sample cell phone policy that can be incorporated into your employee handbook and/or used on a stand alone basis, email me at ed@kempkey.com and I will send you the document along with a listing of current cell phone laws by state.
Kempkey Insurance Services goes beyond insurance by designing and implementing risk management programs for growth oriented businesses. We help our clients maximize the value of their insurance dollars and minimize their potential for unwanted surprises. Ed Kempkey can be contacted at (888) 536-7539 extension 2188.