Cell phone use has exceeded the laws surrounding them, leading to widespread confusion over when, where and how we should use our cell phones when we are in our vehicles. Lawyers for personal and corporate liabilities are frantically trying to develop policies to ensure safety on the roads and the ensuing litigations concerning cell phones. Most areas in North America have already developed policies regarding the laws concerning hand held cell phone use while driving. But, were you aware that municipal laws are different from corporate policies regarding litigation? Corporations must have an independent cell phone safety policy to protect itself from litigation. The fact of the matter is, in cases where cell phone distraction leads to a death or injury, a company without a cell phone policy could be legally responsible for paying out large legal damages. With a good solid company policy, the individual would be responsible not the company.

Risk management specialists have been urging small and large company alike to install a policy for employees who use their cell phones for business purposes. Lawyers are suggesting that well designed cell phone business policies, must be made part of the official employee handbook. The tips should help to protect your business from litigation.

The cell phone policy should definitely include:

– Employees are required to attend mandatory cell phone safety training and sign a legal document stating they understand the policies.
– If an employee disobeys said policy they will be subject to the company’s disciplinary procedures.
– Hands free cell phone use regulations must be meticulously described in detail to protect any loop holes.
– Hands free cell phone use should be kept to a minimum. Prohibit texting, emailing and note taking until the employee is off the road.
– The policy should include an agreement with the employee regarding the rules and instructions on safety.
– Know your local laws regarding cell phone use while driving and incorporate that into your policy. If your policy conflicts in any way with the local laws for cell phone safety it will be deemed worthless.
– Employers should ensure that their employees are not expected to answer any call immediately while driving, ensuring that distraction is not a problem.
– Employers should always document when an employee has a company cell phone. Also, include the signed agreement from the employee acknowledging that they have been properly trained and agree to the company’s policies.
– Include all cell phone policies in your company’s manual.

Lastly, some preventative safety measures that could save lives and litigation include:

– Always check calls and messages while parked.
– Never text or email in a moving vehicle.

– Make sure your Voice Mail system is setup properly and working, so you can let calls go to VM without worrying about missing calls.

– If you use a phone while driving, always use a handsfree headset if you talk while driving. (Even this may be illegal in some areas.)

– Always program your GPS navigation before departure.

– Distraction is the most common cause of accidents. Know what the common distractions are i.e. texting, online searches (including GPS) and emailing/Im-ing and avoid them.

Most people these days are aware of the pitfalls regarding cell phone use while driving. Many companies rely on cell phone communication for their business, so the laws of hands free cell phone use must be followed. In these cases, it is a priority to implement a company policy which will protect your company from litigation. Whether you have a large or small company, you will need to design a cell phone safety policy particular to your employees use. A policy will protect your company from any litigation due to distraction on the road leading to a death or injury. It just makes sense to implement a cell phone safety policy, talk to your legal advisors for any other information particular to your specific needs.

Author Bio: Visit http://www.tomharriscellular.ca/ for cell phones and mobile phone plans and http://www.harrisauto.ca/ for used cars.

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