You want your employees to be as productive as possible, and if you have employees who travel for business, the easiest way to do that might be to suggest they get wireless phones or even provide phones as part of employment.
Before allowing employees to do business by phone, make sure that you have a stong cell phone use policy in place and that every employee is aware of the policy. As the use of cell phones continues to increase, so too does the number of accidents caused by using a cell phone while driving, and if your employee causes an accident while using a cell phone for business, the company can be held liable for damages. In one Pennsylvania case, an employer paid damages to a family of a motorcyclist who was killed when the company’s employee dropped his cell phone while driving, bent down to pick it up, and ran a red light. Even though the company didn’t own the cell phone, didn’t own the car, and the call was made during traditional non-work hours (9:30 on a Saturday night), the family of the victim argued that because the call was work related the company had indeed contributed to the accident.
What should be included in your Cell Phone Use policy? At the very least, your policy should include a mandate that employees pull off of the road in a safe area before they use their phone. You may also consider requiring employees to use a hands-free device. Keep in mind, too, that while Pennsylvania doesn’t yet have a state law covering cell phone use while driving, several PA cities and municipalities do have their own regulations, and your employees must observe the posted cell phone regulations in the cities through which they travel.
How can Hippo & Fleming help?
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Our staff can review your existing policies and procedures as well as consult with you if you are just in the planning stages of a Cell Phone Use policy. Contact our office for more information.
