Employers liability for employee cell phone use

With many businesses providing cell phones to their employees for business use, a potential hazard is cropping up that many business owners are probably unaware of. What about their potential liability for their employee's use of the cell phone? A couple things to consider are the risks associated with cell phone use while driving, either texting or dialing, which necessitates the employee taking their eyes off the road for a brief period of time. Apparently cell phone litigation is on the rise across the country and employers that provide cell phones are increasingly on the hook for liability suits associated with cell phone use. Even if the employee is using the company provided cell phone while not on company business, the potential liability still looms large. Studies have shown that those using cell phones while driving are four times as likely to be involved in serious crashes. Furthermore, studies suggest that banning hand held cell phones and switching to hands free operation doesn't necessarily improve the odds of avoiding accidents. Increasingly, states are now implementing legislation specifically banning the use of hand held cell phones while driving. It's important for the employer to remember that liability can be incurred even if the employee is not using the phone for business use. There are two categories of risk: third party and claims by employees. It might now be prudent for the small business owner to implement policies specifically addressing cell phones and their use by employees. Remember that any policy, or policies, you create must be followed up regularly and training should be given to ensure all employees are familiar with them. Remember that an employer with a strong cell phone policy will be in a far better position legally than those without one.