Employers should update employee handbooks to include a cell phone usage policy.
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EMPLOYMENT POLICIES UPDATE
Employers Urged To Update Cell Phone Policies—
Hands Free Cell Phone Law Now In Effect
By Christopher W. Olmsted
If you are a regular reader of this Legal Update, by now you are tired of hearing about the new cell phone law. Here it is once again: Effective July 1, 2008, Senate Bill 1613 provides that it is illegal to drive a motor vehicle while using a wireless telephone, unless a hands-free device for the cell phone is used.
In the Cities of San Diego and Oceanside, police have stated that they will delay enforcement of the law for one month.
Have you updated your employee handbooks? In order to minimize liability issues arising from employees using cell phones on the road while in the course and scope of employment or while taking work-related calls, employers should implement a policy that requires all employees to use “hands free” devices while driving on company business or when making business calls on the road. Better yet, employees could be prohibited from using cell phones while driving.
The CHP reports that statewide last year, 1,091 crashes with 447 injuries were blamed on drivers using cell phones.
In accident cases, lawyers may argue that an employer is liable where an on or off-duty employee makes or answers a business-related call while driving.
Email cwo@barkerolmsted.com for a free sample cell phone policy.
More Legal Update articles.
Download entire July 2008 Legal Update in PDF format.
This article is intended as a brief overview of the law and are not intended to substitute as legal advice. Any questions or concerns regarding any statute or case law should be addressed to a licensed attorney. Copyright © 2008 by Barker Olmsted & Barnier, APLC. San Diego, California. All rights reserved.
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