Cell Phone Safety

Your policy on cell phone use while driving should be in writing. Make sure it is reviewed and understood by all employees.

By Tom Eynon

Cellular phone use in the United States has skyrocketed in recent years, and users have grown from 500,000 in 1985 to over 120 million in 2001. Studies show that 73 percent of cell phone subscribers use their phone while driving. Recent estimates suggest that users spend 60 percent of their total cell phone time talking while driving.

In a 2001 report called “The Risk of Using a Mobile Phone While Driving,” England's Royal Society for the Prevention of Accidents examined a number of studies on various aspects of driving performance while using a mobile phone.

The report concluded that “many studies, using a variety of different research techniques, have reached the same conclusion—using a mobile phone while driving adversely affects driver performance in a number of different ways.” Specifically, it inhibits the driver's ability to:

• Maintain lane position,
• Maintain an appropriate and predictable speed,
• Maintain an appropriate following distance from vehicles in front,
• React at optimal speed,
• Judge and accept safe gaps in traffic,
• Maintain awareness of general traffic conditions.

Researchers reviewed whether or not impaired driving performance from cell phone use increased accident risk. The conclusion was “yes.”

A 1997 study reported in the New England Journal of Medicine indicated that drivers are four times more likely to have automobile accidents while using cellular phones.

Another study in the November 2001 issue of Psychological Science assessed the use of hands-free phone systems, and the differences in levels of distraction and accident rates when compared to a handheld cell phone system. Researchers found no difference between conversing on a handheld or hands-free cellular system. Both significantly distract the driver.

Increasing Legislation
With the dramatic increase of drivers talking on a cell phone while driving, and the growing body of evidence suggesting that cell phone use while driving impairs driving performance and increases accident risk, states and municipalities have passed legislation regulating cell phone use while driving.

In 2001, approximately 140 bills regarding cell phone use while driving were proposed in 43 states, the District of Columbia, and Puerto Rico. As a result of all this activity, a number of states and municipalities have enacted various laws that regulate the use of cell phones in automobiles. A number of locales have enacted more stringent restrictions on cell phone use. A detailed list of these locales is available on the OSHA consultant page at www.gawda.org.

As a result of this focus on cell phone use and driving safety, the number of cell phone-related lawsuits is on the rise, with employers being held liable for accidents when an employee was using a cell phone for work-related activities. To protect themselves, companies should establish official written policies and procedures on work-related cell phone usage.

Developing a Policy for Work-Related Cell Phone Use
There are some important things to consider when developing a cell phone policy. Here are a few of them:

• Just how important are cell phones to your business?
• Do they really increase the productivity of your employees, or do they just offset some of the poor planning and inefficiencies that may exist in your business?
• How many sales have hinged on having that cell phone in hand while driving?
• How many business decisions have been made that could have just as easily been postponed until you or the employee got to the office?
• Are cell phones vital to your business success?
• Are the liability risks worth the rewards?
• How much risk exposure are you willing to take?

If cell phones are not vital to your business, consider a policy that totally bans their use while driving. If they play a key role in your business success, you may want to adopt a policy that establishes guidelines for their use.

Whatever policy you establish, it needs to be clear and specific. Policies allowing cell phone use should clearly spell out how and when the cell phone can be used. For example, your policy may state that cell phones can only be used when the car is legally parked and the engine is off. Another option is to require the phone to be off while driving and forwarded to a voice mail message system notifying callers that the person they are trying to reach is driving and will return the call once they are able to safely stop and park the vehicle.

All Hands on Deck—and on the Wheel
Whatever your policy regarding cell phone use while driving, be sure it is in writing, and make sure it is reviewed and understood by all employees. During the review process it is advisable that employees be given a copy of the policy. Firms may also want the employee to sign an acknowledgment that they have read and understand the company's cell phone policy. Any policy must be backed up with enforcement and disciplinary procedures.

A policy that is clear, communicated and enforced can go a long way in avoiding negative litigation and further promote a safe working environment for your employees.