Overview
Employers who have staff driving on company time should have a clear cell-phone use policy to reduce crash risk and limit legal exposure. Motor vehicle accidents are a leading cause of workplace injury, and distracted driving involving phones increases both the chance of a collision and the likelihood of third-party claims or workers' compensation claims.
A written policy shows proactive management of risk and can help demonstrate that an employer took reasonable steps to prevent unsafe behavior. For additional employer-focused guidance on mobile-device safety, see Ensuring Mobile Employee Safety.
Key takeaways
- Have a written cell-phone use policy for employees who drive on company time.
- Encourage hands-free options, short calls, and pulling over to dial to reduce distraction.
- Document training, reports, and discipline to show you addressed safety and compliance.
How it works
A good policy defines allowed and prohibited behaviors, explains required safety features, and sets out reporting and disciplinary steps. It should also explain how the employer monitors compliance and handles incidents that occur while an employee is using a phone on the job.
Implementing the policy typically involves training, providing or approving hands-free technology, and requiring prompt reporting of any accident or near-miss. For more information on distracted-driving risks and best practices, see Distracted Driving and Cell Phone Use.
What it may cover (and what it may not)
Policies commonly cover when calls or texts are allowed, use of hands-free devices, expectations at intersections or in bad weather, and actions required after an incident. They may also require voicemail or caller ID features so drivers can screen calls.
A policy does not eliminate legal exposure. Courts may still find employer liability depending on supervision, prior warnings, or whether the employer required the call. A policy is one part of an overall risk management approach that should include training and recordkeeping.
Common mistakes to avoid
One mistake is having an informal or unwritten rule that is not communicated; undocumented expectations are hard to enforce. Another is failing to train employees on phone features and safe practices, which leaves workers unprepared to follow the policy.
Avoid inconsistent discipline: treating similar violations differently weakens enforcement and may hurt your legal position. Finally, do not ignore state and local laws that restrict phone use—your policy should align with those requirements.
Questions to ask an agent
Ask how your current commercial auto and liability policies respond to crashes involving employee phone use and whether any endorsements are recommended. Also ask whether your workers' compensation program or safety training can be aligned to reduce repeat incidents.
Ask about documentation best practices for training, incident reports, and disciplinary actions so you can demonstrate a reasonable safety program in the event of a claim.
Next steps
Draft a short, clear cell-phone use policy that defines allowed behavior, required vehicle practices, reporting procedures, and disciplinary consequences. Include brief, documented training and a simple incident-report form to capture details when something happens.
If you want help reviewing insurance implications or coverage options related to employee driving risks, talk to an agent who can review your current programs and recommend improvements.
Frequently Asked Questions
Can an employer ban all cell-phone use while employees are driving?
Yes; employers can prohibit personal and business phone use while driving on company time, subject to applicable local laws and reasonable accommodations.
Does providing hands-free equipment eliminate the risk?
No; hands-free technology reduces manual distraction but does not remove cognitive distraction, so policies and training are still important.
What should employees do after a crash that involved phone use?
They should seek medical attention if needed, report the incident immediately per company policy, and complete any required accident or incident forms.
Will having a policy prevent lawsuits?
No; a policy does not guarantee immunity, but it helps demonstrate that the employer took reasonable steps to prevent unsafe conduct.