Yesterday we looked at a tragic—but all too frequent—case of an employee using a cell phone while driving and causing an accident with serious injuries. The victim sued the driver’s employer—an increasingly common occurrence—and the employer settled for millions of dollars. Today we look at how an appropriate policy can reduce your liability in such cases.
Over the last several years, more and more states and municipalities have enacted laws that limit or ban cell phone use while driving. The website DrivingLaws.org notes that, “Although employer responsibility isn’t specifically defined in the cell phone legislation, there have been an increasing number of lawsuits relating to employer responsibility regarding mobile cell-phone use [by] employees.”
We looked at just such a case yesterday, one that proved very costly for the employer. With motor vehicle accidents the leading cause of work-related injuries, the use of cell phones and other technological devices only ups the ante for workers’ compensation, lawsuits for deaths and injuries, and other claims by third parties.
DrivingLaws.org says that implementing a cell-phone policy and creating a general vehicle-use policy is the first step in reducing employer liability.
“Although a mobile phone and a hands-free policy doesn’t completely remove the employer from being held responsible for accidents or injuries that could occur while using a company owned vehicle, it does show some forethought and responsibility on behalf of the employer,” the website states.
Is your safe cell-phone policy up to date? Do you even have one? If not, don’t fret. We do, and it’s already written and ready to use, along with every other safety policy you’re likely to need, in BLR’s new Essential Safety Policies. Examine it at no cost and with no obligation to purchase. Find out more.
BLR’s Essential Safety Policies recommends that your organization’s vehicle-use policy include a clear, unambiguous policy that discourages the use of cell phones and other devices while driving. The points your policy might cover include:
- Training. Do you provide training or instruction manuals so that employees know the features of their cell phone?
- Safety. Does your policy stress safety? Do you provide reminders to wear seat belts? Not to dial or talk when driving conditions are hazardous? To keep conversations short? To tell the other person that the employee is calling while driving? To turn off cell phones when pumping gas? To turn off cell phones when using jumper cables?
- Making calls. Will you encourage or discourage cell-phone use while driving? Will you require drivers to be stopped when dialing their cell phones?
- Voice mail. Will you require voice mail on cell phones used by drivers so they can resist answering the phone while driving?
- Caller ID. Will you require Caller ID on cell phones used by drivers so they can resist answering the phone while driving?
- Accident/injury reports. Do you require employees to report any accidents or injuries resulting from cell-phone use?
- Discipline. Do you discipline employees who violate safety rules or local or state laws regarding the use of cell phones while driving?
Legal Points
There are also a number of legal points to take into account. Essential Safety Policies says that these include:
- Legislated prohibitions. Some states, counties, and cities have passed legislation against the use of cell phones while driving or against the use of hand-held phones. Check your local and state laws for all your facility locations and for details.
- Negligence. If a driver is using a company-issued cell phone when a traffic accident occurs, the company may be held liable for the accident.
- Occupational Safety and Health Administration. While there is currently no federal law restricting use of cell phones, OSHA requires employers to provide a safe workplace. Do the cell phones used by your employees have safety features needed for safe driving, e.g., speed dialing? Voice mail? Caller ID? Do you warn drivers of hazards, e.g., not to use cell phones when using jumper cables? Not to use cell phones when fueling a car?
- Workers’ compensation. Drivers injured while driving and telephoning on company time will generally be eligible for workers’ compensation benefits.
Get the safety policies you need without the work. They’re in BLR’s Essential Safety Policies program. Try it at no cost and no risk. Find out how.
A Complete Prewritten Safety Policies Program
Of course, if you would rather not have to write your own cell-phone policy from scratch, there’s one already written for you in the BLR Essential Safety Policies. It’s one of dozens of safety-related policies included. Taken together, they provide the makings of a ready-to-modify or use-as-is safety handbook for all your workers. The legally compiled and reviewed policies are grouped into three major areas:
- Safety, including policies on PPE use, drugs, and alcohol as detailed above, hazard communication, work rules, weather, fire and other emergencies, fitness for duty, and disciplinary procedures
- Health, including communicable diseases, required physicals, ergonomics, and workers’ compensation
- Security, including policies on visitors, portable electronic devices, contraband, workplace and domestic violence, among others
The policies are backed by a tutorial on policy writing and essential materials such as handbook receipts. There are some 279 pages of material in all in the book version. A CD version is also available.
If your organization could benefit from supplementing (or perhaps having for the first time) a complete set of safety policies, we highly recommend taking a 30-day, no-cost, no-obligation look at this program. Let us know and we’ll be pleased to send it to you.