Mike Dolt Enterprises
Mike Dolt Enterprises
User: joebell, Location: New Hampshire
Asked on: Sunday, April 17, 2011 at 1:11 pm EDT
Answered on: Tuesday, May 14, 2024 at 4:17 am EDT
Question: I sit on my companys safety committee and one of the topics we are attempting to confront is distracted driving. This topic was brought to light at a monthly SIG meeting and later to our safety committee. A couple of the issues seem to be legal in nature, big surprise there, but I wanted to get a feel or thoughts from others.The toughest issue is where the liability begins from the company standpoint, we have 6 company vehicles on the road ,5 service vans and a delivery truck. The first response was to ban the use of cell phones in company vehicles but what about the company phones used in private vehicles. If say a project manager was on the company cell phone and got into an accident, in his own vehicle, would the company have any liability?I am honestly conflicted in this debate being one of the service techs in the van. We use the time in the van to call our next appointment, place stock orders, call inspectors etc. Yet I do see how using the cell phone can be a distraction and want to do the right thing.Anyone one else have a distracted driving policy?
Company Liability in Distracted Driving
Determining company liability for distracted driving involving company phones used in private vehicles can be complex. Here are some key considerations: Scope of Employment
If the employee was engaged in company business while driving, the company may be liable, even if the employee was using their own vehicle.
Company Policy
A clear company policy prohibiting the use of cell phones while driving, even in private vehicles, may help mitigate liability.
Employee Training
If the company provides training on the risks of distracted driving and the proper use of company phones, it may strengthen its defense against liability.
Negligence
If the employee was negligent in using the company phone while driving, the company may be liable for any resulting damages.
Distracted Driving Policy
To address the issue of distracted driving, here are some recommended elements for a company policy: Prohibit the use of all cell phones while operating company vehicles. Restrict the use of company phones in private vehicles while driving, except for emergencies or urgent business matters. Provide hands-free devices for company vehicles to minimize distractions. Implement automated systems for scheduling appointments, placing orders, and contacting inspectors to reduce the need for phone use while driving. Establish clear guidelines for employee training and disciplinary action for violations. Regularly review and update the policy to ensure its effectiveness.
Balancing Safety and Efficiency
While it is important to prioritize safety, it is also essential to consider the impact of a ban on phone use on productivity. Explore alternative solutions, such as: Designated break times for employees to use their phones. Voice-to-text software to minimize the need for typing.* Collaboration tools that allow employees to communicate and collaborate without using phones.Ultimately, the goal should be to create a balanced policy that promotes safety without compromising productivity. Regular monitoring and feedback from employees will help ensure the policy remains effective and responsive to the needs of the organization. Flag for review