As a California employer you may have thought at some time or another that the state politicians are just out to get you. Making things difficult for employers isn’t just a complaint, it’s a fact.
However, once in a while you hear things that are behind the new legislation. The law that goes into effect on July 1st requires the use of hands-free devices if cell phones are being used while driving. This isn’t an employment law but employers need to pay special attention. Why? Because you have deeper pockets than the average individual out there driving.
I didn’t say it was fair but it is your responsibility to keep others safe while your employees are on the road. We’ve all been talking on the phone while driving and missed an exit or made some other driving mistake that wouldn’t have occurred if our full attention was on the road. Talking while driving is a distraction … whether you’re talking with a passenger or on the phone.
Those distractions can be costly, both in human life and the bank balance. A few examples (from Powell Goldstein LLP) include:
- An insurance company’s employee dropped his cell phone while driving. As he bent down to pick it up, he ran a red light and killed a father of three. The insurance company was included in the family’s lawsuit even though the employee wasn’t driving on company business or using a company phone. The company settled for $500,000.
- While talking about business on her cell phone, an attorney struck and killed a 15-year-old girl. The law firm settled for an unknown amount but the attorney was ordered to pay $2 million herself.
- A lumber wholesaler sales rep struck and severely injured a woman while driving and talking. The company settled for $16.2 million.
What’s the safest route to take? Prohibit use of cell phones while driving. Inform your staff that drivers will return calls when they are no longer driving. Inform drivers not to answer or place calls while driving. Put it in writing. Drivers can pull over as soon as possible or return/place calls once they reach their destination.
It’ll take time to get used to waiting to talk to people, but it could save lives and your company.
