Do you allow employees to use hand held cell phones while driving company cars? What if an employee had an accident while driving the company vehicle and was talking on their cell phone?
In 2011, 3,331 people were killed in crashes involving a distracted driver, compared to 3,267 in 2010. An additional, 387,000 people were injured in motor vehicle crashes involving a distracted driver, compared to 416,000 injured in 2010. (http://www.distraction.gov/content/get-the-facts/facts-and-statistics.html)
Today we cannot imagine conducting business without the ever present cell phone. It is debatable if this modern invention is a curse or a blessing, but there is no doubt it is here to stay. With the rapid advance in technology the cell phone now is more than just a phone, it is a mini computer with fantastic capabilities. With these increased capabilities employers and employees are in constant contact, even while driving. That is the issue that must be addressed.
Statistics show significant increases in accidents when drivers are distracted. In 2010 it was reported that 18% of accidents involved a distracted driver. Most states now prohibit texting while driving for obvious reasons. In January of 2012 the U. S. Department of Transportation passed regulations prohibiting commercial drivers from using a hand held cell phone while operating a commercial vehicle.( http://www.fmcsa.dot.gov/about/news/news-releases/2011/Secretary-LaHood-Announces-Step-towards-Safer-Highways.aspx) Fines can be assessed up to $2,750 per incident to the driver as well as revocation of their commercial license. In addition to the driver fines the employer company can be fined up to $11,000 per incident. But these fines do not include the potential litigation that can follow.
Allowing employees to use hand held cell phones while operating a company vehicle could put the company at massive financial risk. There is mounting litigation surrounding victims who have been subject to injury as a result of a distracted driver. Employers could also be included in this litigation. If you would like to see 11 high profile cases involving company employees involved in distracted driving incidents there is a great presentation at (http://www.slideshare.net/ZoomSafer/11-major-lawsuits-involving-employee-distracted-driving-13196338). These cases include some very well know companies like Coca Cola and Smith Barney. Some of the awards made against these employers exceeded 20 Million Dollars.
Today many companies are writing policy and procedures that enforce disciplinary steps up to dismissal if an employee is found violating the company policy on the use of hand held phones while operating a company vehicle. It would also be advisable to check with your property and casualty carrier to see what limitations of coverage may exist if an employee is found negligent in and accident due to distraction from a cell phone. Many policies will have lower limits for certain violations. In addition employees driving their personal vehicle for company purposes should be included in these policies. That auto is viewed as a company vehicle.
As we go into 2013 now is a good time to evaluate the company policy and procedure manual.
