Hands-Free Cell Phone Use Affects Some Employers
As most of us are now aware, last year, Governor Schwarzenegger signed into law the California Wireless Telephone Automobile Safety Act of 2006. This legislation was enacted because of the growing public concern regarding the safety implications of the widespread practice of using hand-held wireless telephones while operating motor vehicles.
The purpose of the Act is to ban the use of hand-held cell phones while operating a motor vehicle. There are exceptions for drivers of certain vehicles who use a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user; however, for the vast majority of us, the rule applies and is effective July 1, 2008.
Violation of this law will result in the imposition of a base fine of $20 for a first offense and $50 for each subsequent offense.
In the employment environment, this Act will affect employers and their employees. There is not yet a legal requirement that employers implement a policy regarding hands-free cell phone use; however, we suggest that such a policy be drafted far enough in advance to inform employees of the company’s rules and expectations. The policy should remind employees that while the law applies to everyone, the company is particularly concerned about those employees who drive company-owned vehicles.
It is important that these employees understand that the use of a hand held cell phone is a danger to themselves as well as to other people on the road and not only is it against the law, but employees may be held responsible for any damage to the company-owned vehicle caused by the employee’s violation of the law.
The policy should also address the issue of employees who drive their own vehicles to perform company business. Even if an employee is simply running a ten-minute errand, the hands-free law must still be complied with in the same manner as the seatbelt law.
Most importantly, the policy should provide for discipline up to and including termination of employment if employees damage company-owned vehicles because of their failure to comply with the California Wireless Telephone Automobile Safety Act of 2006.
We suggest that in addition to implementing a policy, employers whose employees spend extended lengths of time in company-owned vehicles consider installing hands-free equipment in those vehicles. Thus, employees will still be available to talk to their supervisors when needed without violating the law and creating a potentially dangerous situation.