Wednesday, May 20, 2009
Cell Phone Usage
Does Your Company Need to Strengthen your Policy Regarding Employee Use of Cell Phones?
Some employers have decided to after getting a wake-up call in the form of a dangerous accident!
Many companies have rules against employees using cell phones while driving or performing other safety-sensitive tasks. The Massachusetts Bay Transportation Authority (MBTA) last week began banning drivers from even bringing their phones work. The penalty if they’re caught with a device: immediate termination.
The new policy is a response to a recent accident that hospitalized nearly 50 passengers. One trolley crashed into another, totaling both and causing $9.6 million in damage.
The trolley operator at fault, who was also hurt, admitted he was writing a text message to his girlfriend at the time of the accident. Police say he also ran a red light just before crashing, the Boston Globe reports.
Before the new zero-tolerance policy, MBTA employees were allowed to carry phones while working, but not use them. A first-time violator received a three-day suspension.
Employers’ Liability
There’s no word yet on any legal action being taken against MBTA. But plenty of other companies have gotten in trouble when an employee’s cell phone causes an accident — even when employees were just driving as part of their normal commutes to the office.
In a court case last year, a company was sued after an employee rear-ended another car. She wasn’t on duty at the time. But she was making a work-related phone call on cell phone issued by her employer. So the driver of the other car sued. The final bill to the company: $5.2 million. (Cite: Ford v. McGrogan)
Courts have ruled differently in this type of case, but most agree that, if the driver is performing work for the company on a company-issued device, the company is liable for the accident.
How can you limit your company’s liability? Lawyers recommend creating policies that:
Some employers have decided to after getting a wake-up call in the form of a dangerous accident!
Many companies have rules against employees using cell phones while driving or performing other safety-sensitive tasks. The Massachusetts Bay Transportation Authority (MBTA) last week began banning drivers from even bringing their phones work. The penalty if they’re caught with a device: immediate termination.
The new policy is a response to a recent accident that hospitalized nearly 50 passengers. One trolley crashed into another, totaling both and causing $9.6 million in damage.
The trolley operator at fault, who was also hurt, admitted he was writing a text message to his girlfriend at the time of the accident. Police say he also ran a red light just before crashing, the Boston Globe reports.
Before the new zero-tolerance policy, MBTA employees were allowed to carry phones while working, but not use them. A first-time violator received a three-day suspension.
Employers’ Liability
There’s no word yet on any legal action being taken against MBTA. But plenty of other companies have gotten in trouble when an employee’s cell phone causes an accident — even when employees were just driving as part of their normal commutes to the office.
In a court case last year, a company was sued after an employee rear-ended another car. She wasn’t on duty at the time. But she was making a work-related phone call on cell phone issued by her employer. So the driver of the other car sued. The final bill to the company: $5.2 million. (Cite: Ford v. McGrogan)
Courts have ruled differently in this type of case, but most agree that, if the driver is performing work for the company on a company-issued device, the company is liable for the accident.
How can you limit your company’s liability? Lawyers recommend creating policies that:
- prohibit talking, texting and e-mailing while behind the wheel (whether the employee has a hands-free headset or not)
- require phones to be turned off while driving to avoid distracting incoming calls, and
- remind employees — and their bosses — that they aren’t expected to make calls and do other work while driving.
It may be a good time to review your company policy!
Labels: Company Policy, Safety Management
# posted by The Duraclean Team @ 11:00 AM 
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