In many industries, employees are required to drive their own or company-owned vehicles as part of their job duties. In light of the ubiquity of smartphones and the ingenuity that leads to the ability to multitask while driving, employees, employers, and lawmakers have grown more and more concerned about distracted drivers.
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Hang Up and Drive
Sixteen states have banned drivers from using handheld cell phones while operating a vehicle. The typical law prohibits a driver from physically holding a cell phone; writing, sending, or reading text-based communications; watching a video or movie; or recording a broadcast while driving. Essentially, drivers may make and receive phone calls only in a hands-free manner. While some drivers might find distracted driving laws intrusive, the National Highway Traffic Safety Administration finds them warranted. In 2016 alone, distracted driving caused 3,450 deaths.
Although many drivers and passengers are concerned about distracted driving, employers face an even greater risk of liability when their employees drive distracted. When a distracted driver causes an accident and harms someone else as a result, it’s highly common for the victim to sue not only the driver but also the driver’s employer. The rise of lawsuits and jury awards against employers for employees’ distracted driving has resulted in serious efforts to address and prevent districted driving by workers.
Don’t Phone it in When it Comes to Distracted Driving Policies
Ultimately, the first step in combating distracted driving by employees is to develop a policy. A clear written policy outlining the do’s and don’ts of mobile device use and other distractions while driving is a helpful step toward mitigating your liability as an employer and protecting the safety of your employees and other drivers on the road. You should be specific about what workers are prohibited from doing and what they are allowed to do while they’re operating a vehicle on company business and what the consequences will be if an employee violates the policy. You must also communicate the policy to employees early and often, and make sure they fully understand the rules.
At the most basic level, a distracted driving policy should reflect any state-law regulations on distracted driving. Even if your state doesn’t have a law in place, the easiest way to protect yourself and your employees is to prohibit them from using mobile phones while driving on company business or operating company-provided vehicles.
Many policies that prohibit cell phone use allow employees to find a safe place to park their vehicle before initiating or responding to any calls, text messages, or e-mails. Some employers also require employees to send automatic responses from their cell phones to any calls or text messages that come in while they are driving, or activate Bluetooth technology in their vehicles or on their cell phones. Some companies extend their prohibition on cell phone use to all work-related activities, including after-hours work-sponsored events.
Bottom Line
Because cell phones will only become smarter and will continue to make it easy to communicate with others and access entertainment instantly, this issue isn’t going away. If you don’t have a distracted driving policy in place, now is the time to create one. Businesses and their lawyers are always concerned about mitigating liability, but in this scenario, safety is the paramount concern. Having a clear policy on distracted driving is a first step all employers can take.
Claire Martin is an associate with Lehr Middlebrooks Vreeland & Thompson, P.C. and contributor to Alabama Employment Law Letter. She may be contacted at cmartin@lehrmiddlebrooks.com.