Just a reminder, effective July 1, 2008, California Law will:

Prohibit the use of hand-held cell phones by drivers, except for emergency calls to law enforcement and public safety organizations, and for certain commercial vehicles for which the law’s effective date is July 1, 2011.

Drivers can still use an earpiece, headset, speakerphone or Bluetooth device.  Keep in mind, that it is critical to remind your drivers that talking on a cell phone, talking to passengers, or any other such distractions while driving, can significantly reduce their reaction time, decisionmaking, and ability to control their vehicle and position on the road.

In addition, if an employee is involved in a motor vehicle accident while making a work-related cell phone call, both the employee and employer can be liable.  It is critical to instruct staff members never to use cell phones while driving and, if they must, instruct them to pull off the road to a safe location to make the call.

I understand that for some employers, by the very nature of their business, may find such a policy cumbersome.  Just keep in mind that having the policy will help in the event that an issue arises.  Have a stated policy in your handbook, as well as a special form (signature required), that the use of a cell phone while driving, is strictly prohibited.