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RISKVUE ARCHIVE | RISK BITES
Cell Phone Usage Policies
In response to our Question of the Month on cell phone risks, our readers sent in sample company policies.
I was forwarded your question by one of the attorneys in our office and wanted to offer you a complimentary set of tandem policies relating to the operation of vehicles and cell phone use in connection with same. Please feel free to post them for your readers.
Our firm is a boutique employment law firm in Southern California that provides legal advice and counsel to employers in all aspects of the employment relationship from hiring to termination and everything in between. In addition, we also represent employers and their managers in employment litigation.
Should you or your readers have any other comments or questions, please have them contact me at (310) 783-1800 or at srmiller@woldt.com. In addition, your readers can find out more information about our Firm at www.woldt.com.
Very truly yours,
Stefan R. Miller
WOLDT & ASSOCIATES
A Professional Law Corporation
OPERATION OF VEHICLES
(Both on and off Company Property)
Those employees who are authorized to operate vehicles on behalf of the Company must adhere to the following rules:
- You must be licensed by the State of California to operate the type of vehicle you will be operating on the Company’s behalf.
- Wear a seatbelt at all times when operating a vehicle that is owned or leased by the Company.
- Only those employees with no traffic violations may operate a vehicle which is owned or leased by the Company.
- Use all sideview and rearview mirrors when operating a vehicle that is owned or leased by the Company, especially when operating a vehicle in reverse.
- Seek the assistance of co-workers when operating a vehicle in reverse, including when backing a vehicle up to a loading dock.
- Immediately report to your supervisor and to Mr. Murray or Mr. Wong any perceived or actual malfunctions and/or mechanical problems of any vehicle you are operating.
- Drive at reasonable and safe speeds at all times, especially when operating a vehicle in hazardous road and/or weather conditions.
- Always observe and obey all traffic laws and signals and never operate a vehicle in excess of speed limits.
- Immediately report any and all accidents, no matter how minor or insignificant, to your supervisor and to Mr. Murray or Mr. Wong.
- If you receive a citation for a moving violation, you must immediately report this information to your supervisor and to Mr. Murray or Mr. Wong.
- Make sure the tires on the vehicle you are operating are properly pressurized with air each time you operate a vehicle.
- Always look in all directions before pulling out of any driveway, pulling out into traffic, making any lane changes and/or making any turns in the vehicle.
- Keep all doors of the vehicle you are operating locked while the vehicle is in operation.
- Do not consume any alcohol or controlled substances within 12 hours of operating any vehicle owned or leased by or on behalf of the Company or otherwise operate any vehicle while under the influence of alcohol or controlled substances.
- Keep alert and make certain that you are well-rested at all times while operating a vehicle.
- Do not engage in any horseplay either while operating a vehicle or while vehicles are in operation on Company premises.
CELL/CAR PHONE USAGE WHILE OPERATING VEHICLES
In addition to the above-referenced safety rules, employees operating vehicles on the Company’s behalf should understand that making telephone calls from a vehicle can be extremely dangerous and potentially cause serious accidents. Accordingly, employees also must adhere to the following rules:
- Employees are discouraged from using cell/car phones while operating vehicles on the Company’s behalf;
- If you receive a telephone call while operating a vehicle on the Company’s behalf, you should let voice mail answer or call back when it’s safe to pull over;
- Do not use cell/car phones in hazardous conditions such as heavy traffic or if the road or weather conditions are unsafe;
- If you must use a cell/car phone, dial the telephone numbers while the vehicle is not moving or ask a passenger in the vehicle, if any, to place the call for you and, if possible, do the talking;
- If your cell/car phone is “on,” make sure the phone is within easy reach;
- Do not take notes or look up telephone numbers or other information while driving;
- If you must look up information while operating a vehicle on the Company’s behalf, arrange to call back the person to whom you are speaking and do your research while the vehicle is stopped; and
- If you must use your cell/car phone, tell the person to whom you are speaking that you are driving and need to keep the conversation brief.
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We offer a dicussion of this topic and two sample policies in our new book: Full Speed Ahead: Managing Technology Risk in the Nonprofit World. The book was released on October 7 and is available at www.nonprofitrisk.org.
I’ve attached the sample policies, which could be adapted for any business.
Melanie Herman
Executive Director
Nonprofit Risk Management Center
Melanie@nonprofitrisk.org
S A M P L E #1
Wireless Communications Device Policy
As part of [Name of Nonprofit]’s commitment to safety in the delivery of the organization’s programs and services, [Name of Nonprofit] puts special emphasis on the safe operation of motor vehicles used by employees to conduct the organization’s business. If you must use a wireless communication device (herinafter “WCD”) while driving, it should be used only in a life-threatening emergency and when you can’t pull to the side of the road and stop.
For the purposes of this policy, WCDs include, but are not limited to, wireless phones, computers, online e-mail, navigation devices, and any other information or entertainment services or equipment, whether or not such devices are provided by or paid for by [Name of Nonprofit].
Employees are advised to adhere to the following safety precautions with respect to the use of WCDs.
- If you must make a telephone call while driving on the organization’s business, pull into a parking lot or off the road onto a wide shoulder and park the car before retrieving the telephone to make the call.
- Exercise extreme caution if pulling onto the shoulder of a busy thoroughfare.
- Where possible, try to make all necessary calls before setting off on a trip, or after arriving safely at your destination.
- Don’t engage in stressful or emotional conversations while driving, except in life-or-death situations. Inform the person with whom you are speaking that you must suspend phone conversations that have the potential to divert your attention from the road.
- Call for help to protect yourself and your passengers from dangerous situations. Dial 911 in case of fire, traffic accident, road hazard, or medical emergencies. It’s a free call on your wireless phone.
Employees who violate this policy are subject to discipline up to and including termination of employment with [Name of Nonprofit].
I have read and agree to abide by the [Name of Nonprofit]’s Wireless Communications Device Policy.
Employee Signature ________________________________
Date _______________
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S A M P L E #2
Wireless Communications Device Policy
It is the policy of [Name of Nonprofit] to emphasize its commitment to the safe operation of all motor vehicles used by its employees while on organization business. Accordingly, we discourage the use of wireless communication devices for business purposes while driving motor vehicles. The use of any of said devices in violation of any federal, state or local laws or regulations is prohibited.
For the purposes of this policy, wireless communication devices (hereinafter “WCD”) include, wireless phones, computers, online e-mail, navigation devices, and any other information or entertainment services or equipment, whether or not such devices are provided by or paid for by [Name of Nonprofit].
If you must use a WCD while driving, it should be used only in a life-threatening emergency and when you can’t pull to the side of the road and stop, and only in accordance with the following safety tips:
- Read the instruction manual and learn to use the device and its features. (For wireless phones: automatic redial and memory dial.) Try to memorize the phone keypad so you can use the speed dial function without taking your eyes off the road.
- Use your wireless phone only with a hands-free accessory. Such devices are widely available on the market.
- Place the WCD where it can be easily reached or viewed, while keeping your eyes on the road. If you receive an incoming call on the wireless phone at an inconvenient time, let your voice mail answer it for you.
- Use common sense. End wireless phone conversations and discontinue the use of any other WCD during hazardous driving conditions, especially in heavy traffic, ice, snow, sleet or rain. As a driver, your first responsibility is to pay attention to the road.
- Avoid any activity that keeps you from watching where you are. Don’t take notes, look up phone numbers, or try to reprogram any WCD while driving.
- Only consult your WCD or place calls on your wireless phone when your vehicle is stopped. Attempt to make your calls while at a stop sign, red light, or when you are not driving. Try to make business calls before beginning the trip.
- While driving, don’t engage in stressful or emotional conversations on your wireless phone. Doing so can be dangerous. Inform anyone that you are talking to that you are driving, and, if necessary, end phone conversations that have the potential to divert your attention from the road.
- Call for help to protect yourself, your business associates and clients from dangerous situations. Dial 911 (a free call from your wireless phone) in case of fire, traffic accident, road hazard or medical emergencies.
I have read and agree to abide by the [Name of Nonprofit]’s Wireless Communications Device Policy.
Employee Signature __________________________________
Date __________
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A discussion of this issue and these sample policies appear in Full Speed Ahead: Managing Technology Risk in the Nonprofit World, Copyright 2001, Nonprofit Risk Management Center. For more information, visit www.nonprofitrisk.org.

riskVue | The webzine for risk management professionals
November 2001
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