Advice to employers on the use of mobile phones by workers

Recent press reports have speculated upon government proposals to introduce legislation for the prosecution of employers who "cause or permit" workers to use mobile phones whilst driving. Research has shown that drivers are four times more likely to have an accident if they are using a mobile phone. In consequence, the Chartered Institute of Personnel and development (CIPD) have recommended that employers provide a clear policy for employees on the use of mobile phones whilst on the roads. Employers have duties under health and safety legislation to minimize risks facing their employees whilst at work. Safety on the roads has become an increasing concern with the CIPD recommending that employers prepare themselves for the introduction of new legislation.

Diane Sinclair, Lead Adviser of Public Policy at the CIPD comments:-

"Employers need to make it clear to employees, particularly those who do a lot of driving as part of their work, that they should not make or receive calls, using a hand held phone, while driving. This will ensure that they protect their employees, other road users and themselves. The basic advice is that employees need to pull over and switch off the engine if they want to use a mobile phone."

A number of consequences can arise form any accident which occurs as a result of the use of a mobile phone whilst driving. Both employee and vehicle insurance cover could be adversely affected and an injured employee may be able to claim against the employer if the accident occurred as a result of answering a mobile phone whilst driving in the course of employment.