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.

The facts:

An employee, driving his own car, struck another vehicle and injured its driver. It turned out the employee was driving with a blood alcohol level of 0.24% — over the legal limit. He was also carrying a company-issued cell phone and pager, because he was on call at the time.

The injured driver sued the employer, claiming it was liable for the accident since the employee was working at the time.

The employer said:

There was no evidence that the employee was responding to a call or doing anything other than personal business at the time of the accident. Since he wasn’t engaged in company business, the company couldn’t be liable.

Who won the case?

Answer: The accident victim.

Why: A jury decided the man was acting in the scope of his employment –  mainly because he was carrying the cell phone and pager. Also, the accident occurred near one of the locations the employee supervised, which was enough evidence for the jury that he was on his way to perform work for the company.

The final verdict: The company had to pay the victim $300,000 in damages.

The lesson: Many companies have gotten in trouble after employees cause accidents while operating company-owned equipment, including cars and cell phones. That’s one reason why establishing and enforcing a safe driving policy is a must for some employers.

Cite: de Jesus Uribe v. Aviles

That same breach of technology etiquette occurred in a court room while Judge Robert Restaino was presiding. How did he react?

First, he demanded to know who’s phone it was. When no one fessed up, he threw everyone in jail.

The entire crowd of 46 was placed in a holding cell and not released for several hours.

Restaino was removed from the bench on charges of jailing innocent people. He blamed the incident on “certain stresses in his personal life” and plans to appeal his removal, the Associated Press reports.

Technology’s made it easy for many employees to work anytime, anywhere. For a lot of them, that means working while they’re on vacation.

A lot of employees are staying productive while they’re away this year, according to a recent survey by CareerBuilder. More than a quarter (27%) plan on working while on vacation.

Why? About 16% of employees feel guilty about taking time off, and 7% are afraid of losing their jobs after taking a vacation. Also, almost 10% said their bosses expect them to do some kind of work during time off.

Some employees have even taken to lying in order to get a clean break from work — 11% of workers admitted to making up stories about bad cell phone signals and lack of Web access to explain why they couldn’t call the office or answer e-mail.

What employees can do

Of course, the big question for employers: Is this a good thing? Checking in occasionally, through e-mail or phone, is probably harmless and can help employees relieve the anxiety of being away.

When actual work is done, then problems can arise. Everyone knows time off is good for mental health — and 77% of the workers surveyed by CareerBuilder admitted to feeling “burned out” at work.

Plus, in some states, employees are required by law to pay employees for any time they don’t use — in those cases, it’s often better for everyone if employees just take the time.

What about employees who need a break but feel like they can’t take it? Here’s some advice managers can give their workers:

• Set expectations — Tell co-workers and supervisors what you will and won’t be doing. For example, if you won’t be reading e-mail, make that clear. Then you won’t be expected to respond to anyone.
• Keep yourself available — If possible, give everyone a way to contact you in case something really serious comes up.
• Cross-train — Find people who can do some of your essential tasks when you’re gone — and, of course, offer to return the favor when those folks take time off.
• Plan ahead — Make plans known as soon as possible and get extra work done early, if necessary.
  

We’d like to hear from you. Do your employees work when they’re away from work? Do managers expect them to? Is it a good or bad thing? Let us know what you think by dropping us a comment below.

Almost one fifth of all employees admit to taking supplies, according to a survey by Spherion. Mostly, it’s pens, paper, folders, etc. No surprise there, but here’s the kicker: 8% said they’ve taken higher priced items like laptops, PDAs and cell phones. That’s up from 3% last year.

Why do people steal? Of the people who admitted to grabbing items:

• 33% said their boss said it was OK
• 18% said the company will never miss them, and
• 42% said simply that they needed the items.

Nevertheless, 76% of the survey’s respondents said they thought it was wrong to take supplies. The study doesn’t mention how many thought it was wrong but did it anyway.

A lot of companies give employees cell phones to use on the job. But if they aren’t careful, they might end up paying a lot more than the monthly bill. For one company, the price tag topped $5 million — and it almost cost one woman her life.

A woman was driving on a busy Georgia Interstate. She was also speeding and talking on her company-issued cell phone.

She rear-ended the car in front of her, pushing it into a ditch on the side of the road. The driver of that car was badly injured and had to have her left arm amputated.

She sued the woman who caused the accident — and her employer. Why? She said the company was to blame for its employee’s reckless driving. The company settled the case for $5.2 million.

Why did the company have to pay so much? Because the phone was provided by the company, and the woman was making a work-related call at the time of the accident.

Use ‘em wisely

The lesson for HR: Companies can be liable for accidents employees cause while they’re doing their jobs. That means if they’re on the road making business calls or sending e-mails from the BlackBerry you gave them, you might be on the hook if something bad happens.

A solid policy governing the use of company-owned electronics can stop these problems from happening — and take the heat off of the company if an employee decides not to listen and causes an accident.

Some keys to a successful policy:

1. Prohibit talking, texting and e-mailing while behind the wheel.
2. Remind employees — and their bosses — that they aren’t expected to make calls and do other work while driving.
3. If you give employees phones, also provide hands-free headsets.

Cite: Ford v. McGrogan

About 25% of employees plan to check e-mail, answer cell phones and perform other work on their days off, according to a recent CareerBuilder survey. That’s up from 20% last year.

It’s a trend everyone’s aware of, and spending a few minutes to catch up on e-mail probably isn’t going to hurt anyone. But the survey also said: About 15% of workers said they are expected to check e-mail and answer phone calls while they’re away.

That’s a problem when the requirements are strict enough that burnt-out workers can’t get the time off they need. Managers need to understand that flexibility helps productivity (as well as retention) in the long run.

Read more about the survey here.