Cell Phone Use While Driving: A New Workplace Hang-Up

If you live in Illinois, or a dozen other states around the country, you’re probably aware of state laws that make cell phone use while driving illegal.  In Illinois, a law that went into effect Jan. 1st specifically makes texting while driving, and talking without the use of a hands-free device in a school or construction zone, illegal.

Naturally, this has consumers thinking about their driving habits.  But employers, who provide cell phones, blackberries and maybe even vehicles to employees, should be concerned about all the multi-tasking that occurs on the road. 

That conference call your sales team jumps on in route to a client meeting can rack up hefty fees that have nothing to do with your corporate phone bill.  

Although employer liability is not defined in most states, there are an increasing number of lawsuits that are sad, tragic and costly for businesses. Examples highlighted on DrivingLaw.org include:

• A Virginia attorney returning from work who was talking on her cell phone with a client when she ran down a teenage girl and killed her. The family of the girl filed a $30 million lawsuit against the employer.
• In Arkansas, a jury found a lumber company liable after one of their employees struck another car, gravely injuring the passenger. At the time of the accident the employee driving the vehicle was using the cell phone for a sales call. The particular case ended up being settled for $16 million.

Most of the employer-related data on this issue is anecdotal rather that statistical, but if these stories aren’t enough to get your attention, consider these general facts:

• There were more than 1 trillion text messages sent and received on wireless devices in 2008, including cell phones and smart phones.  (Reuters / CTIA-Wireless Association)
• The Transportation Department reported that 5,870 people were killed and 515,000 were injured last year in crashes connected to driver distraction, often involving mobile devices or cell phones.
• President Barack Obama feels so strongly about the issue that he signed an executive order late last year banning all federal workers from texting while driving on government business, driving government vehicles or using government equipment. (Huffington Post)

If you provide services that require employees to drive, or you have a large part of your workforce regularly on the road or working while on the run, you should put a cellular phone policy in place – and your employee assistance program (EAP) can help counsel you on that. 

That’s right, your EAP.  EAPs provide you with resources that ensure you’re investing in your employees and keeping them and your business safe and viable.

Work productivity is important, but employees talking and texting while driving can end up being a huge safety and legal hang-up.

Tags: Bernie Dyme, cell phone, driving, EAP, Employee Assistance Program, texting, workplace