"Sent via BlackBerry"

How many times have you seen that statement posted on an email?

Typically, when you read it you where happy to get a response to your email or phone call, it speaks of efficiency.

Connecticut, District of Columbia, New Jersey, New York, California, and Washington State have laws that prohibit the use of handheld mobile phones and devices while driving. Many local jurisdictions have enacted laws either prohibiting or limiting the use handheld mobile phones and devices too.

The website below will allow you to read all the does and don’ts, who is exempt and who is not

http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html

From a telecom auditor point of view, when I see the message "Sent via BlackBerry” I think about risk; specifically is an employee operating a motor vehicle while reading and responding.

I recall an issue that a former employer faced eight years ago. An employee in Pennsylvania hit someone on a bike "while on the phone with a client." Eight or nine years ago, most states, and jurisdictions did not have hands free laws.

This was not a company provided cell phone; the company did have a policy to reimburse certain types of expenses if an employee was at a certain production level. However, in a liability claim one goes after the deep pockets, thus the employer quietly settled for it to go away.

The lesson I learned eight years ago is; a potential liability exists, even if the law allows a specific activity. In my opinion, the potential risk for the employer is; if injury or death occurs in a motor vehicle mishap, and the accident report cites, "due to use of a hand held device."

Perhaps it time to establish or review your cell phone policy, below are some ideas in establishing a cell phone and hand held device policy.

- limit an employee’s ability to use hands-free cellular devices as well, such as permitting use of such devices "only when it is safe to do so"

- advising employees to take special care in situations where the weather is inclement, traffic is heavy, or the employee is unfamiliar with the driving area

- prohibiting, under all circumstances, the use of text devices to type or review text messages while driving.

-provide employees with hands-free headsets, if employees are using their cell phones while driving on company business. Providing a compatible headset for employees will encourage (denote) compliance with the law and promote safe driving.

-include a provision relating to the use of wireless telephones for work-related purposes while driving a motor vehicle, or for personal use while operating a motor vehicle during work hours or on company business.

- adopt policies that deal with the use of hands-free and text devices, and addresses the act of dialing the cell phone.

- express a preference for voice dialing as opposed to manual dialing of cell phones.

A possible potential risk of not having a cell phone use policy  is being sued for torts arising out of an employee’s use of a cell phone for business purposes, the liability an employer can face, including defense and settlement costs can be substantial.

Putting a policy in place is never enough; employers must also take steps to enforce the policy if it is to be effective. A policy can help to manage and reduce risk. By taking steps, employers can begin to build a defense to possible tort claims that may offer some protection should an employee become involved in an accident while driving.

Remember to have each employee in writing should acknowledge any changes made to Employee Handbooks. Also, consider a stand-alone acknowledgement for every employee with a company provided cell phone or handheld device or laptop.

These two citations of lawsuits found in researching information for wireless policy Source: (http://www.drivinglaws.org/policy.php)

In the state of Virginia, an attorney returning from work was talking on her cell phone with a client. The attorney ended up running down a teenage girl and killing her. The family of the girl filed a $30 million lawsuit against the employer.

In the state of Arkansas, a jury found a lumber company liable after one of their employees struck another car, gravely injuring the passenger. At the time of the accident, the employee driving the vehicle was using the cell phone for a sales call. The particular case settled for $16 million.