Does Your Company Have a Cell Phone Policy
for Mobile Techs? Recent Webinar Suggests This Might Be a Good Idea
May 13, 2010
Does your company have a cell phone usage policy for talking and/or
texting while driving? As glass workers are spending an increasing
amount of time on the job, traveling from job site to job site,
some experts say having such a policy should be considered for any
businesses in which cell phones and driving come into play.
"[This is] a big deal because distracted driving is now about
the number-one issue as far as vehicle safety," said Jeff Chilcott,
senior risk engineering consultant for Zurich North America during
a webinar the company gave this week on the topic. "We recognize
it's a problem, but we keep doing it."
Chilcott described "distracted driving" as "any activity
that takes your eyes off the road and/or takes your minds off the
driving task." He pointed to a study by Virginia Tech that
showed that driving and texting increases the risk of being in a
crash while driving by 23 times, and even just talking on a cell
phone increases the risk by four to five times.
"I haven't seen one study yet that says driving and being on
a cell phone is a great thing," he chuckled.
Due to concerns about safety and the legal liability this could
present to a company that works on a mobile basis, Chilcott suggested
companies put policies in place to combat the problem while on the
job-even though these are often difficult to enforce.
"You're better off having a policy in place," he said.
"It makes you look like a proactive company
just say, 'we're going to issue everyone a cell phone and wash our
hands of it and not have any responsibility.' We've got to say,
'Okay, I need to be connected but in a smart way.'"
But Chilcott warned many have become accustomed to talking (and
texting) while driving and habits are sometimes hard to break.
"Sometimes you have to change people's attitudes or culture
a little bit," he said, likening it to the initial seatbelt
laws and how difficult it was for some to begin wearing these years
Chilcott gave several examples of various accidents involving cell
phone use while on the job, including a $30 million suit resulting
from an accident in which a law firm associate swerved off the road
and killed a teenager while talking on a cell phone. In this case,
the teen's family had contended that the associate was on her cell
phone on work-related business and that "cell phone usage was
encouraged by her employer."
"Cell phone records are very easy to get a hold of," added
Chilcott, pointing out that if an employee was talking on his cell
phone during a crash it would be simple to prove.
Chilcott also advised that an employee can be held liable even if
the employee is using a personal cell phone while in a company vehicle,
or while talking on a company cell phone while in their personal
"One of the most basic things you can do is just set up a policy,"
he said. "The stricter you can get, the better."
And these can range from putting a ban on use of all cell phones,
or just permitting wireless/hands-free communication, and specifying
that they can be used when the vehicle is stopped.
He provided the following as a possible policy that could be adapted
to meet a company's particular needs:
"The use of wireless communication devices, such as cell
phones, including those equipped with hands-free devices, are
not permitted while driving a vehicle on company business. However,
these devices may be used when the vehicle is safely parked in
a designated area."
But creating a policy is just the beginning, Chilcott said; employees
also need to be aware of it.
"Post warnings, and let everyone know what's going on,"
For businesses (such auto glass businesses) that depend on cell
phones, he suggested that voicemail messages even be changed accordingly
to something such as, "I'm either way from the phone or I'm
on the road."
"Just simple things like that make a difference," Chilcott
In the end, he stressed, though, this could make a major difference
if an accident does occur.
"If you can prove someone's impaired while driving-it doesn't
matter if they're drinking or talking on the phone-you're going
to have a hard case," he said.
Jack Frazer, contract sales manager with Active Glass and Mirror
in Myrtle Beach, S.C., says employees at his company are not allowed
to make personal calls on their cell phones during work hours and
this includes texting. Aside from that, though, he says at this
time there is no other policy in place regarding texting, but the
addition of one would be something good to have, especially given
strict insurance requirements.
"There are a lot of rules in place with our insurance company
we have to follow," said Frazer. "We can't even hire someone
unless they have a clean driving record, so looking into a policy
on texting would definitely be good."
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