Revise Your Cell-Phone Policies
To Protect Your Assets
The convenience of calling from the road can bring headaches for
business owners.
While politicians may be wary of establishing public policies restricting
or limiting cell-phone use, civil court decisions could help to
force the issue. The potential for negligence suits stemming from
accidents where cell-phone use is determined to be a contributing
factor continues to rise. For a business owner, an accident involving
an employee could expose the company to liability.
While making a sales call for his company, a stockbroker in Pennsylvania
struck and killed a 24-year-old motorcyclist. Although the accident
occurred outside normal business hours, the driver claimed he was
making a sales call to a potential client at the time of the crash.
Evidence that the company had a policy that its brokers were to
make sales calls outside normal business hours opened the firm up
to potential liability for the accident. The brokerage firm paid
$500,000 to settle the case.
The degree to which a company encounters liability problems could
be influenced by its policies regarding the use of cell phones by
employees. Does your company encourage its employees to conduct
business from their vehicles using a cell phone? Does the company
provide cell phones to employees explicitly for this purpose? Such
factors could come into play down the road if an employee is involved
in an accident while using a cell phone.
Does Hands-Free Mean Worry-Free?
Efforts to reduce the risk of using car phones has focused largely
on requiring hands-free cell phones. Hands-free phones do minimize
the risk associated with dialing. However, available evidence indicates
that placing calls is not the most important component of risk associated
with cell-phone use.
A study in the New England Journal of Medicine showed no significant
reduction of risk associated with hands-free devices, and concluded
that the conversation was the primary distraction that increased
the chance of an accident. Data collected by the National Police
Agency of Japan revealed that 43% of accidents involving cell-phone
use by drivers occurred when the driver was receiving a call, compared
to 22% when the driver was making a call and 17% when the driver
was engaged in a phone conversation.
Update Your Policies
In light of the evidence indicating the increased risk associated
with cell-phone use while driving, as well as trends in legislative
restrictions and the potential for liability difficulties, business
owners should consider updating their policies to protect themselves
before they encounter problems. Don't wait until legislation or
your insurance provider requires a revision of your policies, or
you find your company caught in a damaging lawsuit.
Hands-free devices can offer a short-term solution, but may not
address the central issue of ensuring that drivers are operating
company vehicles in a safe manner. The surest way to cover all bases
is to mandate that employees wait until the vehicle is safely stopped
before using a cell phone. Here are some recommendations that can
facilitate implementation of such a policy.
- Be sure that the company's policy regarding cell-phone use while
driving is in writing and is understood by all employees.
- Use a voice mail message that notifies a caller that the person
they are trying to contact is driving in traffic and will return
the call once they are able to safely stop the vehicle.
- Provide training for employees concerning safe practices for
pulling off a roadway.
- Advise drivers to seek out populated, well-lit areas when looking
for a place to pull over.
- Recommend that drivers use rest areas if they prefer not to
leave the highway to make a call.
Developing a Policy for Work-Related
Cell Phone Use
Thomas Eynon, a national safety consultant on OSHA and EPA issues,
suggests a few important things to consider when developing a cell
phone policy.
- Just how important are cell phones to your business?
- Do they really increase employee productivity, or do they just
offset some of the poor planning and inefficiencies that may exist
in your business?
- How many sales have hinged on having that cell phone in hand
while driving?
- How many business decisions have been made that could have just
as easily been postponed until you or the employee got to the
office?
- Are cell phones vital to your business success?
- Are the liability risks worth the rewards?
- How much risk exposure are you willing to take?
If cell phones are not vital to your business, consider a policy
that totally bans their use while driving. If they play a key role
in your business success, you may want to adopt a policy that establishes
guidelines for their use.
Whatever policy you establish, it needs to be clear and specific.
Policies allowing cell phone use should clearly spell out how and
when the cell phone can be used. For example, your policy may state
that cell phones can only be used when the car is legally parked
and the engine is off. Another option is to require the phone to
be off while driving and forwarded to a voice mail message system
notifying callers that the person they are trying to reach is driving
and will return the call once they are able to safely stop and park
the vehicle.
Whatever your policy regarding cell phone use while driving, be
sure it is in writing, and make sure it is reviewed and understood
by all employees. During the review process it is advisable that
employees be given a copy of the policy. Firms may also want the
employee to sign an acknowledgement that they have read and understand
the company's cell phone policy. Any policy must be backed up with
enforcement and disciplinary procedures.
A policy that is clear, communicated and enforced can go a long
way in avoiding negative litigation and further promote a safe working
environment for your employees.
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