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Q.Should Company's Have a Cell Phone Policy?
A.Probably. It is well known that use of a cell phone while driving significantly increases the chances of an accident. Although a cell phone policy probably won't shield a company from liability, it may limit the risk of a large punitive damage award.
A company's cell phone policy should inform employees that the use of a cell phone, or similar device, while driving is dangerous and subject to company guidelines. The policy should further provide that:
- Employees should not use a hand held cell phone or similar device while driving.
- Should an employee need to make or receive a call while driving, the employee should locate a lawfully designated area to park to make or receive the call.
- If the employee cannot locate an appropriate place to pull over, then at the very least the employee must use a hands-free speaking device such as a speakerphone/ earpiece, and then only if conditions permit.
- Whenever the weather is bad (fog, rain, snow, sleet, visibility), you are in unfamiliar territory, or the traffic conditions are poor, employees should refrain from using their cell phones and hands free devices while driving.
- When using a hands-free speaking device such as a speakerphone or earpiece while driving, keep the conversation brief. Arrange to call back any one who appears to be long winded.
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