Employee cell phones: Why you could be on the hook
Do you need to strengthen your policy regarding employee use of cell phones? This employer decided to after getting a wake-up call in the form of a dangerous accident.
Most companies have rules against employees using cell phones while driving or performing other safety-sensitive tasks. But the Massachusetts Bay Transportation Authority (MBTA) last week began banning drivers from even bringing their phones to work. The penalty if they’re caught with a device: immediate termination.
The new policy is a response to a recent accident that hospitalized nearly 50 passengers. One trolley crashed into another, totaling both and causing $9.6 million in damage.
The trolley operator at fault, who was also hurt, admitted he was writing a text message to his girlfriend at the time of the accident. Police say he also ran a red light just before crashing, the Boston Globe reports.
Before the new zero-tolerance policy, MBTA employees were allowed to carry phones while working, but not use them. A first-time violator received a three-day suspension.
Employers’ liability
There’s no word yet on any legal action being taken against MBTA. But plenty of other companies have gotten in trouble when an employee’s cell phone causes an accident — even when employees were just driving as part of their normal commutes to the office.
In a court case last year, a company was sued after an employee rear-ended another car. She wasn’t on duty at the time. But she was making a work-related phone call on cell phone issued by her employer. So the driver of the other car sued. The final bill to the company: $5.2 million. (Cite: Ford v. McGrogan)
Courts have ruled differently in this type of case, but most agree that, if the driver is performing work for the company on a company-issued device, the company is liable for the accident.
How can HR pros limit their company’s liability? Lawyers recommend creating policies that:
- prohibit talking, texting and e-mailing while behind the wheel (whether the employee has a hands-free headset or not)
- require phones to be turned off while driving to avoid distracting incoming calls, and
- remind employees — and their bosses — that they aren’t expected to make calls and do other work while driving.
Comments
9 Comments on Employee cell phones: Why you could be on the hook
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al gilmour on
Tue, 19th May 2009 11:52 am
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Judy on
Tue, 19th May 2009 2:12 pm
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Steve on
Tue, 19th May 2009 2:13 pm
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Hank on
Tue, 19th May 2009 2:53 pm
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JParr on
Tue, 19th May 2009 6:43 pm
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JParr on
Tue, 19th May 2009 6:48 pm
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2kmaro on
Wed, 20th May 2009 8:31 am
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Steve on
Wed, 20th May 2009 2:43 pm
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Chris Chan on
Sat, 25th Jul 2009 9:18 pm
The above lawyer’s recommendation further proves to me that they have never run a business. In my business “steel” I must be available at all times in the car or out of the car in the event there is a accident or other problem in the plant etc. Our policy/practice is to install “hands free” in all company vehicles without fail and to train employees how to use etc. To be completley isolated from communication (business) when driving, is not practicle in this day and age. What blows my mind is the texting while driving. How in the hell do you do that? Typical politicians in California passed a hands free law but forgot to pass a law on texting (now has been corrected)
Good point al. I work at a social service agency and all our clinical staff have to be available during working hours with some also covering nights. Our policy states that they can only use their phones with a hands-free head set while in the car but also advises (if possible) they should pull over to use the phone.
The younger set seems to have no proble texting while driving – but I’m with you! I can’t text very well even while sitting in my house!! LOL.
Just about every municipality has a “distracted driving” law on the books. Some put cell phone usage under this umbrella. I’m not sure how many folks have been ticketed for it though. Personally I think there is too much said on this particular subject.
I know of many accidents caused from drivers looking for a particular CD or changing CDs or tapes while driving. There is also eating, drinking coffee, trying to set an address in your GPS, etc. I’ve even seen women putting on their makeup while driving down the interstate too. Let’s face it, some folks don’t think and some just can’t drive.
I have had a cell phone from their beginning and I use my cell phone while driving. I mostly use hands free but there are times that I can’t. Is a law about no cell phone and driving going to make me stop? NO! I too am on call 24/7 and when the phone rings I answer with hands free or not. I also do not have a company phone.
I’ve been inconvenienced by drivers talking on their phones – driving slow, not noticing green lights, etc. Same has happened with people looking for CDs, eating, putting on make-up. Hopefully nothing worse ever happens.
Steve and Al- you say you need to be available at all times. What about pulling over if you have to take a call? That way you can give 100% attention to the work problem. Then after the issue is resolved you can give 100% attention to the road. Everyone wins.
Agreed that you don’t ever want to put someone in the position of having to respond (phone / eml / text) while driving.
Ideally, there should be a policy that prohibits any company business, while in transit, that impairs the employee’s driving ability or creates a safety issue. This leaves it to the employee’s judgement.
Additionally, employees should be encouraged to use voicemail greetings and “out of office” e-mail responses that state: “I am away from my desk or in transit, and will respond as soon as possible”, thus setting the caller / sender’s expectation and removing the sense of urgency.
Through various management positions, I have always implemented or maintained a policy that the company will pay for a hands-free device (wired or wireless) for ANY of my employees that want one — the business justification is around safety (risk management).
So…. an additional thought about Steve’s post: Agreed, that you can’t legislate common sense.
The current trend of municipalities banning cell phone use (some, even with headsets) and / or texting is overkill. Those same people are the ones you mentioned, playing with the CD player or fiddling with the GPS. Those folks will FIND a way to kill the rest of us with or without another law on the books, and it should be at the officer’s discretion whether they were “distracted while driving”.
This is one of thos discussions that seems to fall into the same categories with religion and politics – there is no middle ground. I personally am on the side of “no phone calls in a moving car while you’re driving”. Studies have proven to my satisfaction that using a phone while driving “impairs” your ability as much as drinking. Even hands-off isn’t fool proof – the problem being that most conversations on the phone are not brief activities (like the changing CD thing), nor are they casual such as a conversation between occupants.
The topic of conversation is likely to be one that requires a lot of concentration (geeze! you mean the smelter blew up at my steel mill – my heavens, how many were injured, what’s the number for my lawyer/insurance company/fastest transportation to Brazil?). In a recent cross country trip that I took, I was almost involved in 3 accidents; i.e. I had to take evasive action to stay out of them, and in every case, the driver of the other vehicle had a damned cell phone stuck to their ear. Within the last 60 days, the manager of the building my office is in ran a red-light and t-boned another car, and yes, she was on a hands-free phone at the time, and she admitted it to the police and was cited for “failure to pay full attention” along with the other tickets.
As for being impracticle? I’d say more like inconvenient – this is what voice mail is for, to catch that urgent call until you can pull over, STOP THE CAR and take the call. And with these rulings, seems to me that should you end up in an accident and it’s determined that you were ‘talking business’ that you stand a good chance of losing either your job or the whole business if you happen to be the owner. Is a phone call really worth that risk? I agree with Hank’s sentiment: pay 100% of your attention to the task at hand – less than that will probably result in less than optimal results for all concerned.
What I’m trying to say is that a “No using a Cell Phone while driving” is a waste of time and effort. It is about being distracted. I drive between 25,000 and 30,000 miles a year in big city and rural country roads and I’ve been using a cell for about the past 20 years. I can’t remember having any incidents where I have had to avoid another driver who is on the phone and I have never had an issue with it. I have used both hands free and not. Depends on how fast I think the conversation is going to last. I also agree with JParr’s statement that it should be at the officer’s discretion.
Distraction comes in many forms and it depends on the individual. While going to work has anyone ever came to the exit ramp and couldn’t remember anything about the drive for the past few minutes or so? I think everyone has been in that situation. Has anyone been deep in thought about something while driving that you miss your exit, your turn or can’t remember getting where you are. It doesn’t mean that you are going to have an accident.
There is not one person that can say they pay 100% attention to driving at all times. If you have something on your mind or deep in thought about something you may very well be as distracted as someone using a cell phone.
I run my family like a business. I have a Tracfone and have been using it alot this summer. It’s a great way to keep in touch with your kids. Calls and texts are less expensive on a TracFone than on other phones and with no contract, there’s no surprises!
