Q. The animal care officers who work for us spend 80% of their time driving and responding to rescue calls via cellphone. Requiring them to pull off the road while talking on their phones wouldn’t work. Is there another way to limit our liability?
A. At a minimum, you should adopt a cellphone policy that requires employees to use hands-free technology when speaking on the phone and to use caution when driving.
Ideally, the policy would also state that employees:
- Are not expected to talk on the phone while driving as part of their work responsibilities
- Should keep any calls short
- Should keep their eyes on the road at all times.
Although you say that it would not be practical to require employees to pull off the road to talk on the phone, expecting them to talk while driving could result in a claim against your company if an employee is involved in an accident that results in injury or damage.