Employer liability and the case for comprehensive cell phone policies.

Cell phones first gained popularity as a business tool in the 1980s when they were called ‘car phones.’ Early adopters saw the potential in using their time on the road to communicate with anyone, anywhere. Now, research shows that the tool that had its beginnings in the car can significantly impair driving skills. This impairment, combined with the large numbers of drivers using cell phones, significantly increases the risk of crashes. Companies with strong safety cultures take action by reducing risk in areas that protect their employees and the communities in which they operate. CEOs of leading companies committed to best practices in safety understand that safety is good business. Banning the use of cell phones while driving is a risk reduction effort. Employers have an obligation to protect their employees and others with whom they share the roads. The best action for employers is to implement a total ban policy that includes handheld and hands-free devices and prohibits all employees from using cell phones while driving. This policy should be reinforced throughout the year with education. With the cell phone’s origin as a corporate productivity tool, it’s understandable that there is concern that prohibiting its use while driving could affect productivity. However most employers that have passed total ban cell phone policies report that the policies do not adversely impact productivity, and some even report that productivity improves after a ban is implemented.Implementing enforced total ban policies can help protect employees from crashes and injury, as well as help protect employers from liability. An employer may be held legally accountable for negligent employee actions if the employee was acting within the scope of his or her employment at the time of a crash. The key phrase “acting within the scope of his or her employment” can and has been defined broadly in cases of crashes involving cell phones. To assist companies with implementing cell phone policies, NSC has created a FREE Cell Phone Policy Kit, available for download at http://cellphonekit.nsc.org. (Author/publisher)