Cell phone policy

Paula · July 2001

Does anyone have a written cell phone policy that protects the employer should an employee get in an accident while talking on a cell phone? We have cell phones available for purchase, at a reduced price for our employees', but actual monthly charges are deducted from their paycheck and the cell phones are not required as part of their job. Anyone??

Catbert48 · February 2002

I have been advised by my company attorney in Illinois that it would be more of a risk to have a written policy on cell phones because it would place us as a company in the position of "vicarious liability." As long as this state does not have a law that forces employers to have a written policy you may be creating a potential problem for yourself by having that policy. That is, if an accident happens the burden of proof for blame in the accident would be on the other individual(s) involved. We do have a written policy that says that no driver should admit blame or responsibility in an accident but should cooperate fully with investigating officers. When you have a written cell phone policy you may be setting yourself up for full responsibility regardless of the circumstances of the accident. When or if the injured party finds out about that policy they may use it against you regardless of the facts of the case.

Theresa Gegen TX · February 2002

I would consider making the policy "no use of cell phones while driving." The employee should pull over and come to a complete stop before using the cell phone. If you don't want to say "don't use while driving" then I am with the previous poster on say nothing.

The bottom line on the law of most states is though (regardless of a written policy):

If the employee is injuried and you have worker's compensation, the worker's comp will pay for the injury regardless of fault.

If the employee is negligent and injuries some one else in the course and scope of employment, the employee is primarily liable and the employer is secondarily liable.

If the employer encourages use of cell phones while driving, the employer may also be primarily liable for its own action in encouraging use of cell phones while driving.

Good Luck!

Megan · March 2002

We're considering a policy that would require vehicles/equipment to be parked (in an appropriate area) prior to using cell phones.

We're also experiencing an increasing number of personal cell phones in the workplace. I advocate handling these issues on a case by case basis with existing policies regarding excessive personal telephone calls. One of our managers would support a ban of personal cell phones. One problem with this (aside from it not being very sensitive to work-life issues) is that some (mostly managers) use their personal cell phone for business reasons also.

Does anyone have similar experiences or policies to share?

Cell phone policy

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