Few employers have policies prohibiting their employees from using cell phones while driving on company business. However, this should be considered. If you have an updated employee handbook, this policy can be presented as a stand-alone amendment. Although I don’t recommend making serial changes to your manual in this manner, I will give you a green light on this!

Currently, there are no federal laws which specifically ban cell phone use by drivers of passenger vehicles. The US Department of Transportation does prohibit the use of handheld cell phones by drivers of commercial vehicles as well as texting by drivers of commercial trucks, buses and vans. However, 43 states and the District of Columbia are considering legislation to ban texting; already 12 states and the District prohibit handheld cell phone use while driving. These laws do not impose any specific liability on employers.

Nevertheless, in several high profile lawsuits, individuals have sued employers for injuries which were caused by employees who drove and called while in the course of their employment. Truthfully, there are many activities that all of us engage in as drivers that can distract and lead to accidents. Is there anyone who hasn’t eaten while on the run or who doesn’t adjust the temperature or change channels?

The truth is that employers are vulnerable to these lawsuits because they have deep pockets. A written policy, signed by employees, prohibiting them from using their mobile devices while driving—either on business or whatsoever when using a company vehicle-can provide you with a defense to such actions. Additionally, if you become aware that an employee has engaged in these practices, you should issue written warnings and progressive discipline.

The trucking industry has adopted a variety of methods for limiting liability for such accidents. One is by installing cameras in company owned vehicles. The commercial vehicle becomes an extension of the bricks and mortar office. Just as an employee has no guarantee of privacy while on your business premises, by installing a camera and notifying the employee of this, you are attempting to produce better driving practices. Similarly, employers have embraced the use of GPS technology to insure productivity and exercise greater control over employees who are on the road.

Employers can write expanded policies to include any activity which would result in distracted driving. Only you can assess your exposure to litigation based on employee operation of motor vehicles while on business. If this is a serious risk for your business, definitely consider an in-service on this subject. Materials are available on the website of the National Safety Council and can be distributed to your workforce.

Some insurers are adopting technology to promote better driving practices. Progressive and Allstate have pioneered the use of feedback devices which report short stops and offer discounts linked to operator performance. These would offer you monthly “snapshots” on the driving behavior of your employees.

Have a question or comment?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or at (516) 747-6700 x. 302.