Research shows that driving is the most dangerous part of an employee’s job. More employee deaths and injuries occur while driving than during any other business activity. When employees talk on cell phones while driving, this problem only gets worse.

One study reports that the risk of vehicle accidents is four times greater when motorists are using cell phones. The combination of reduced physical control (from steering with one hand) and mental inattentiveness resulting from cell phone use can slow reaction times as much or worse than the consumption of alcohol. Use of hands-free devices isn’t the solution either: a driver talking hands-free is still without the extra set of eyes that a passenger provides.

Increasingly, employers are being sued because their employees have become involved in collisions while talking on cell phones. While state legislatures debate whether to regulate cell phone usage in vehicles, employers can take action now to address the issue.

Legal Framework: Recognizing that cell phone use while driving is an emerging safety issue, some states are passing laws prohibiting drivers from talking on cell phones. Seventeen states have restrictions on the books, but Oregon and Washington have not yet taken decisive action. In Oregon, local jurisdictions are prohibited from enacting restrictions on cell phone use in motor vehicles, to prevent a patchwork of inconsistent and hard-to-enforce ordinances from arising.

Employer Options: Safety-cautious employers may proactively address this problem without waiting for the legislature to take action. Employers should review their existing cell phone policies and amend them, if necessary, to discourage cell phone use while driving on the job. To be safe, these policies should ban use of all electronic communication devices while driving, including cell phones, PDAs, pagers, text messaging devices, and laptop computers.

Updating Your Employee Manual: If your employees drive vehicles while on the job, your company should have a policy banning all cell phone conversations while driving. The policy should apply equally to hands-free and handset cell phone usage, because the problem is distraction – not physical impairment.

The policy should require employees to pull off the road and stop the vehicle before making phone calls. Employees should be encouraged to let incoming phone calls go to voicemail and to return calls later, once the car is stopped.
The cell phone policy should be a part of your company’s employee manual. As with any employee manual, employees should be required to read and sign the policy.

Enforcement is also important. Failure to enforce the policy could actually increase your exposure, by allowing an argument that you knew about the risk of accidents from cell phone use while driving, but failed to take appropriate steps to protect against the risk.

Take Action: Cell phone-related vehicle accidents are a hot topic these days, attracting increasing attention from plaintiff’s attorneys. Dunn Carney’s Closely Held Business Team can help you put a policy in place to address this emerging risk.

If you have further questions regarding cell phone policies or would like to consult with us about your company’s exposure in this area, please call Randall L. Duncan, Chair of our Closely Held Business Team, and we will be happy to accommodate your request.

Closely Held
Business Team

The Closely Held Business Team - Dunn Carney is dedicated to assisting business owners in navigating through the opportunities and challenges the law presents to advance each owner’s success in business. They understand the multifaceted issues business owners face each day and the need for responsive and proactive legal counsel.

Team members include:
Randy Duncan, Team leader
Bob Allen
Ric Ashe
David Buono
Brian Cable
Del Clark
Todd Cleek
Jack Cooper
Ken Davis
Frank Hilton
Scott Howard
Scott Jonsson
Robert Kerr
JoDee Keegan
John O'Neil
Eric Smith
Kyle Stinchfield
Bob Winger
J. David Zehntbauer

About Dunn Carney's Employment Law Group

Dunn Carney's employment law practice is oriented towards representation of management, with a particular focus on prevention. We work with our clients in creating and maintaining policies and internal resolution techniques designed to minimize claims. When the inevitable judicial or administrative claims arise, Dunn Carney is prepared to assist its clients in a vigorous defense leading to an appropriate resolution. Our expertise covers the entire array of employment-related issues including discrimination and harassment claims (particularly sexual harassment), disability-related issues and other forms of unlawful employment practices, un-employment compensation, wage and hour issues, together with the expanding areas of concern resulting from employee terminations. Dunn Carney is recognized as having particular expertise in the drafting and enforcing of non-competition and trade secrets protections.

Team Members
George J. "Jack" Cooper
Anne D. Foster
Scott A. Jonsson
Robert A. Kerr
Renee R. Stineman