Companies that rely on wireless communication should heed the warning of the Smith Barney settlement. Management might consider implementing policies that prohibit cellular phone use while driving on company business. If the company provides employees with wireless communication devices, it could require, as a condition of receipt, that the employee sign an acknowledgment that these devices are not to be used while operating automobiles or other equipment. Company owned cell phones could carry a sticker warning expressing that using the phone while driving is dangerous and should be done only in an emergency. Even those companies that do not provide wireless communication devices but support or promote use of cell phones may wish to study dependence on this technology in order to avoid claims that dangerous behavior was tacitly approved.
Wireless phones are convenient and often increase work efficiency.
Employers should weigh the savings of that efficiency against the physical dangers and potential liability. This article is provided as a service to our clients and provides general information on selected legal topics. Clients are cautioned not to attempt to solve specific problems on the basis of information contained in an article. All rights reserved.