Employee Cell Phone Use
The New Hampshire Highway Safety
Agency rates driver distraction as the number one cause of car accidents.
Distraction is a steadily growing cause of accidents. However, studies show
mixed results due to cell phones and accidents. In August 2004, AAA showed that
the most potentially dangerous activity was "reaching or leaning."
Cell phone use was ninth on the list.
More and more, employees conduct business on a cell phone while driving. Employers may be aware of the benefits of giving employees cell phones to use while driving, but they should be aware of their liability. There are a growing number of lawsuits involving employer liability for traffic accidents caused by employees talking on cell phones while on the job.
Lawsuits
Cell phone risks fall into two categories: claims by third persons and claims by employees. Third party claims result from a plaintiff trying to sue the employee and employer. The employer may be indirectly liable if an accident occurred from use of a cell phone by an employee acting "within the scope of employment." Typically, making a business call is considered to be within the scope of employment.
Employees may make claims for health problems al1egedly stemming from cell phones. Although studies are inconclusive, some employees contend that radiation emitted during cell phone usage may lead to various forms of brain cancer or other illnesses. Worker Compensation claims and lawsuits have been filed based on this theory.
Minimizing Employer Liability
Develop a cell phone policy and train employees about the dangers of talking on a cell phone while driving. Have employees sign a written acknowledgment of policies when issued a cell phone to limit an employer's potential liability.
Require employees to observe all applicable laws regarding cell phone use while driving.
Provide cell phones only to essential personnel.
Check with the insurance company as to liability issues concerning employees and cell phones.
Keep things in perspective. Consider whether it is worth the risk to have employees using a cell phone.
References:
Dickson, Rebecca
Tsaros. “Distracted driving claiming more lives; Cell phones, radios,
passengers blamed.”
http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20050105/REPOSITORY/501050304/1001/NEWS01
May 2, 2005
Fabrizio. “Eyes on
the road, Please,” http://www.seacoastonline.com/2000news/10_1e.htm
May 2, 2005
Kelderman, Eric, “State laws vary
on driving distractions,”
http://www.stateline.org/live/ViewPage.action?siteNodeId=136&languageId=1&contentId=20069
May 2, 2005
Siegel, Susan. “Employee cell phone use while driving: What is your
company’s liability,” New Hampshire
Highways, March/April 2005, p. 33
“Driving on Company time,” http://biz.courttv.findlaw.com/business_commercial/legal/source/legal_briefs/b_cell_1.html
May 2, 2005
http://www.axcessnews.com/technology_010804.shtml
May 2,
2005
http://www.transalt.org/press/magazine/041Winter/19metropolitan.html
May 3, 2005
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