Mobile Phones

Using a mobile phone while driving is a serious distraction and greatly increases the risk of the driver crashing. High mileage and company car drivers are more likely that most to use a mobile phone while driving.

Some employers provide mobile phones or reimburse the cost of owe related calls made on private ones.  There are good business reasons to do so.  There are also good health and safety reasons for alone workers and staff who travel in areas where summoning help (if they breakdown for example) may be difficult.

But, this should not mean that staff should use the phone while driving.  Drivers who use a mobile phone, whether handheld or hands free:

  • Are much less aware of what’s happening on the road around them
  • Fail to see road signs
  • Fail to maintain proper lane position and study speed
  • Are more likely to tailgate the vehicle in front
  • React more slowly and take longer to break
  • Are more likely to enter unsafe gaps in traffic
  • Feel more stressed and frustrated

The Law

Hand-held Phones

It is ILLEGAL to use a hand-held mobile phone while driving.  It is also an offence to ‘cause or permit’ a driver to use a hand-held mobile phone while driving.  Therefore, employers can be held liable as well as the individual driver if they require employees to use a hand-held phone while driving.

Hands-free phones

It CAN be illegal to use a hands-free phone while driving.  Depending upon the individual circumstances, drivers could be charged with ‘failing to have proper control of their vehicle.  In more serious cases, the use of any type of mobile phone could result in prosecution for careless or dangerous driving.

The Police may check phone records when investigation fatal and serious crashes to determine if use of the phone contributed to the crash.

Employers who require staff to use any mobile phone while driving for work could be prosecuted if an investigation determined that such use if the phone contributed to a crash.  Claims in the civil courts could also result. 

What employers should do:

  • Consult staff about the organisation’s policies on mobile phones and driving.  Make sure this is reviewed periodically in joint health and safety meetings. 
  • Expect safe driving.  Ensure all staff, including managers and directors, understand that everyone who drives for work must drive safely for their own and others benefit.  All managers should lead by personal example and follow the organisation’s policy.
  • Raise awareness as a part of recruitment, training and staff appraisal, ensure that drivers and their line managers, are reminded about:
    • The law about mobile phones and driving
    • The dangers of hand held and hands free phones
    • The need to use voice mail messaging when driving – or allow passenger to take the call
    • The importance of line mangers not expecting staff to make or receive calls while driving
    • The PR consequences of using mobile phones while driving.
  • Provide Training.  Interview staff that have been identified as using a phone while driving, or been involved in a crash, to establish the details and to identify what lessons can be learned.   The approach should be positive and helpful, rather than punitive, although it should be made clear that further incidents may lead to disciplinary action.  Consider if driver training would help. 

Back to top