- Verify your organization meets current Federal, State and Local Law requirements regarding Cell phone use while driving.
- Implement a distracted driving policy in your Employee Handbook that clearly states the company rules regarding the use of any hand held device or communication device while conducting company business.
- Require employees to acknowledge in writing they have read, understand and will comply with the distracted driving policy.
- Educate and inform all employees regarding liability incurred from traffic violations or accidents involving the use of a cell phone or other electronic devices while driving.
- Check Driving records for employees who are required to drive as part of their work duties at the time of hire and annually.
“Danger Dialing” – Implement a Distracted Driving Policy?
An employer paid half a million dollars to settle a recent case where a motorcyclist was killed after colliding with an employee who was driving while looking for his cell phone after dropping it. Even though the accident occurred after normal work hours, the employer was liable because the employee was talking to a client when he dropped the phone. There is a growing national concern regarding the safety risks associated with cell phone use and text messaging while driving. According to the Transportation Safety Group at the National Safety Council, “distracted drivers account for nearly 80 percent of car crashes”. Although most people believe that cell phone use while driving is a dangerous behavior, 81 percent admit to making phone calls while driving. In the past two years, the number of states prohibiting or limiting cell phone use or text messaging has doubled. Although the Federal law strictly prohibits drivers of commercial vehicles from using any accessories or equipment that decreases the safe operation of the vehicle, the number of states prohibiting or limiting cell phone use continues to increase. As an employer, you could be liable for any injury or damage caused by your employees if they get into an accident during work hours or while conducting company business. Although employers are always looking for ways to increase efficiency and minimize “down time” while driving, employers should weigh the physical dangers and potential liability of cell phone use for employees. The use of a cell phone, whether an employee is talking or texting while driving is dangerous and increases the potential that the driver will be involved in an accident. Although it’s practically impossible to list all the ways that a cell phone can divert their attention from the road, the safest and most conservative policy would be to prohibit any use of a cell phone while driving. If employees need to have access to a phone while driving, you should implement policies and clearly state the use of cell phones within certain parameters. Recommendations: