Yesterday’s Advisor looked at a tragic—but all too frequent—case of an employee using a cell phone while driving and causing an accident with serious injuries. The employer settled for millions of dollars. Today we look at how an appropriate policy can reduce that liability.
Wouldn’t a ban on cell phone use while driving be a quick and easy solution? BLR’s SmartPolicies says banning could create more problems than it solves.
First of all, is it realistic? If you establish too high a standard (no use ever), and your drivers routinely violate the policy, you may create more liability for the company. Not only did the driver violate the policy, the company didn’t care. Carefully consider whether your rule will be followed.
But even if you successfully ban cell phones, you’re still not off the hook— you can be sued after an accident if having a cell phone would have reduced an employee’s injuries!
Then again, your state may have taken the matter out of your hands. Over the last several years, more and more states and municipalities have enacted laws that limit or ban cell-phone use while driving.
However you slice it, as DrivingLaws.org says, implementing a cell-phone policy is the first step in reducing employer liability.
“Although a mobile phone and a hands-free policy doesn’t completely remove the employer from being held responsible for accidents or injuries that could occur while using a company-owned vehicle, it does show some forethought and responsibility on behalf of the employer,” the website states.
Is your cell-phone policy up to date? Do you even have one? If not, don’t fret. We do, and it’s already written and ready to use, along with most every other policy you’re likely to need, in BLR’s popular SmartPolicies. Examine it at no cost and with no obligation to purchase. Find out more.
BLR’s SmartPolicies recommends a clear, unambiguous policy that discourages the use of cell phones and other devices while driving. The points your policy might cover include:
• Cell phone safety. Will your policy stress safety? Not to dial when driving conditions are hazardous? To keep conversations short? To tell the other person that the employee is calling while driving? Not to take notes while driving? To turn off cell phones when pumping gas? To turn off cell phones when using jumper cables?
• Making calls. Will you encourage or discourage cell phone use while driving? Will you require drivers to be stopped when dialing their cell phones?
• Voice mail. Will you require voice mail on cell phones used by drivers so they can resist answering the phone while driving?
• Caller ID. Will you require Caller ID on cell phones used by drivers so they can answer only critical calls while driving?
• Accident/injury reports. Do you require employees to report any accidents or injuries resulting from cell phone use?
• Discipline. Do you discipline employees who violate safety rules regarding the use of cell phones while driving?
Training
Finally, after your policy is written, you will want to train employees in appropriate cell-phone use. Give employees instruction manuals so they know the features of their cell phones. You don’t want them to learn while they are driving.
Unfortunately, your cell-phone policy isn’t the only one to worry about. We’ve just seen major changes to FMLA, ADA, military leave, accommodation rules—the list of new policy requirements seems endless. But you can’t backburner work on your policies—they’re your only hope for consistent and compliant management that avoids lawsuits.
You need policies that are carefully crafted, legally reviewed, and regularly updated. But it’s no light task to write and update the dozens of policies that any organization requires.
Our editors have a suggestion that will help you do it, with a minimum of cost and effort.
Why write your own policies when we’ve already done it for you … at less than $1 each! Inspect BLR’s SmartPolicies at no cost or risk. Go here for details.
It’s a remarkable program called SmartPolicies. Its expert authors have already worked through the critical issues on some 100 critical policy topics, prewritten the policies for you, and tested them at thousands of companies over time.
In all, SmartPolicies contains some 350 policies covering those topics, arranged alphabetically, from Absenteeism and Blogging, to Cell-Phone Safety, Voice Mail, and Workers’ Compensation. (To see the complete table of contents, click the link below.) What’s more, the CD format makes these policies easily customized. Just add your company specifics or use as is.
Equally important, as regulations and court decisions clarify your responsibilities on workplace issues, the policies are updated with new ones, added as needed every quarter, as a standard part of the program.
SmartPolicies is available to HR Daily Advisor subscribers on a 30-day evaluation basis at no cost or risk … even for return postage. If you’d like to have a look at it, go here and we’ll be happy to arrange it.