Cell Phone Policies Make A Difference
Employers can be liable for road accidents caused by worker cell phone use.
There is company legal liability for accidents caused by employees using
cell phones for work-related calls behind the wheel.
- In 2001, the city of Honolulu agreed to pay $1.5 million to a man who suffered permanent brain damage after being struck by a city employee who was talking on a cell phone at the time of the accident.
- Similarly, a jury ordered an employer to pay more than $20 million when its salesman killed a motorist while using his cell phone between sales appointments.
- The large investment firm Salomon Smith Barney paid a $500,000 settlement to the family of a motorcyclist killed by one of its employees making a work-related call after hours on his own personal cell phone.
It doesn't matter if the call is being made during regular office hours or not; what matters is that the call is work related. Employers may be found liable for any damages caused by an employee acting within the scope of his or her employment. What's more, employers could also be found negligent if they fail to provide an adequate cell phone use policy, proper training, or safe equipment to its employees. With the recent increase in state statutes banning or restricting cell phone use while driving, the potential liability for employers has increased.
Employers should consider the benefits and risks of employee cell phone use, as well as any state cell phone driving statutes. To effectively reduce the risk of liability, such a policy should prohibit any work-related cell phone calls while driving. If the company feels that is unenforceable, the policy should, at the very least, require the use of a hands-free device. The policy should also state that if an employee is in an accident, any costs, fees and fines will be solely the responsibility of the driver.
Personal calls -- whether made on a cell phone or not -- are especially distracting, while text messaging takes away from an employee's productive time. Accordingly, employers may require that personal cell phones be turned off or silenced during working hours, unless employees use them for business purposes. Such a policy should also provide that personal cell phone calls or text messaging is prohibited during work hours and are only allowed during breaks or lunches.
It may be important for certain employers to prohibit employees from photographing important business assets, such as documents or equipment. Additionally, there may also be privacy concerns if an employee photographs another in the workplace without his or her knowledge or permission.
Credit Inc.com
Posted on Sunday, April 20, 2008 at 7:24 AM
Posted in Business News (RSS)