Overview
Federal workplace safety guidance makes clear that employers must not require or encourage employees to text while driving as part of their job duties. When work policies, incentives, or scheduling make texting while driving a practical necessity, employers can face investigations and enforcement actions under workplace safety laws.
Employers should adopt a clear, written policy prohibiting texting and similar distracted-driving behaviors while operating a vehicle for work, and communicate that policy to all affected employees. For related resources on mobile-device driving risks, see Distracted Driving and Cell Phone Use.
Key takeaways
- Requiring or making texting a practical necessity while driving can expose an employer to enforcement.
- A clear, communicated, and enforced no-texting-while-driving policy helps reduce risk and injury.
- Training, scheduling, and incentive programs should be evaluated to avoid indirectly encouraging distracted driving.
How it works
Regulatory agencies respond to complaints alleging employer-compelled texting while driving and may investigate whether policies or practices create an unsafe workplace. Investigations typically review written policies, communications to employees, incentive structures, and how work is scheduled or assigned.
When an agency finds that a policy or business practice compels texting while driving, the employer may receive citations or required corrective actions. Employers should consider safety assessments and routine reviews of driving-related tasks to identify potential problems early. Additional guidance on workplace hazards and mitigation strategies can be found at Workplace Safety and Health Risks.
What it may cover (and what it may not)
A well-crafted policy typically covers use of smartphones, tablets, and other handheld devices while driving on company time or while performing work tasks. It should specify prohibited behaviors (texting, emailing, social media use), define when devices may be used (e.g., when parked), and outline disciplinary measures for violations.
This guidance does not mean employees must never use navigation or hands-free systems; rather, it focuses on eliminating manual, visual, or cognitive distractions that increase crash risk. Employers should document the distinctions and the safe device-use expectations in their policy. For examples of broader workplace safety programs and related insurance considerations, see Miscellaneous Publishing Insurance.
Common mistakes to avoid
- Failing to write down a no-texting-while-driving policy or keeping it vague.
- Using incentives, unrealistic productivity targets, or schedules that make employees feel they must respond while driving.
- Neglecting training, enforcement, or periodic review of the policy’s effectiveness.
- Allowing exceptions without clear safety-based criteria and documentation.
Questions to ask an agent
Ask whether your general liability or commercial auto policies have exclusions or endorsements related to distracted-driving claims and what steps carriers expect you to take to reduce risk.
Discuss whether your current safety program aligns with insurer expectations and whether supplemental training or policy language is recommended. If you want assistance connecting safety needs to coverage options, you can ask an agent.
Next steps
Adopt a concise, written no-texting policy and distribute it to all employees who drive for work. Include examples of prohibited behavior, permitted hands-free uses, and the consequences of violations.
Provide practical training that covers when and how to stop a vehicle before responding to messages, safe use of hands-free technology, and strategies for planning routes and schedules to minimize pressure to respond while driving.
Review work assignments and incentive structures to ensure they do not indirectly encourage distracted driving, and document periodic reviews, training attendance, and any enforcement actions taken.
Frequently Asked Questions
Can an employer require employees to use hands-free devices?
Employers may permit hands-free systems if they promote safety and the policy clearly distinguishes between hands-free and manual device use.
If an employee texts while driving despite a policy, can the employer discipline them?
Yes; consistent enforcement of a written policy is important and employers may take disciplinary action for policy violations while following applicable employment laws.
How should employers address customer expectations that prompt quick responses?
Employers should set realistic response time expectations, inform customers of safe-response policies, and structure schedules to minimize pressure to respond while driving.
What records should employers keep related to distracted-driving policies?
Keep copies of policies, training materials and attendance, incident reports, and records of enforcement actions to demonstrate a proactive safety program.