Should you regulate employees' use of cell phones while driving?

It is a good idea that you regulate employees' use of cell phones while driving. Cell phones can present employers with a very serious issue: the physical safety of employees and third parties when workers use their cell phones in the car. Virtually all employees have either personal or business cell phones, and many workers use these phones for work-related calls, said Amy McAndrew, an attorney with Pepper Hamilton. Not surprisingly, over the last decade, claims against employers for accidents involving employees' cell phone use while driving have steadily increased.

Employers should consider including some or all of the following elements in their cell phone use policies:

• Requiring the use of hands-free cell phones while driving;

• Directing employees to comply with applicable state laws governing cell phone use;

• Requring employees to pull their cars over to the side of the road before answering cell phone calls;

• Requiring that employees do not pick up cell phone calls while driving, unless it is an emergency;

• Limiting the scope of job descriptions to avoid including the use of cell phones while driving;

• Prohibiting cell phone use while driving in adverse weather or difficult traffic situations; and

• Emphasizing the importance of safety while taking calls on the road.

Source: Pepper Hamilton LLP; www.pepperlaw.com.