Risk prevention specialists at Zurich Services Corporation report that, since 2001, a growing number of jury awards have shown that businesses can be held responsible, and pay the penalty, for accidents caused by employees in acts of negligence if the employee is "distracted" by an electronic device supplied by the employer.
Companies of all different sizes have been threatened by large lawsuits because employees have been involved in unsafe situations due to their use of company cell phones and other technologies. If an employee is illegally talking on a work cell phone while driving and causes an accident, the employer may be found "vicariously" liable.
Because providing electronic devices to employees can be efficient for certain kind of businesses, it is important that employers take caution when dispensing these materials, and consider devising a policy that employees must adhere to, in order to avoid accidents that may be a result of irresponsible usage of business property.
An electronic usage police is advised, and should include restrictions for use of all types of technologies (such as cell phones, Blackberries, laptops, MP3 players) while driving. Anything that might promote "distracted driving" should be included here. Further, it should be reminded that non-work related devices should not be used in non-office work areas in order to minimize safety hazards.
When providing employees with electronic devices, consider whether the employee can be trusted to use it safely and properly, and make sure all employees who are given work-related devices, adhere to the set policy.
Enforce rules of the policy fairly and consistently among all applicable employees and know that a good, fair, policy that is well implemented can help to prevent risks.
