Helping Employees Stay Focused and Safe Behind the Wheel

Understanding the Risk

Cell phone use remains one of the most common and preventable distractions behind the wheel. Calls, texts, navigation apps, emails, and notifications all compete for attention, increasing the likelihood of an accident. For employers, the consequences can extend far beyond vehicle damage.

If an employee is involved in a motor vehicle accident while driving for work, the organization may face multiple layers of cost and responsibility. These can include workers compensation claims, medical expenses, lost productivity, and the cost of hiring and training a replacement if the employee is unable to return to work right away. Property damage, vehicle repairs, and potential third-party claims add further financial strain.

Liability risk increases significantly when distraction is involved. If an employee causes an accident while using a cell phone, the employer may be held responsible for injuries or property damage suffered by others. Courts often examine whether the employer had clear policies in place and whether those policies were communicated and enforced. A lack of guidelines around cell phone use while driving can work against a business when claims or lawsuits arise.

That is why a written cell phone policy is an important part of any company’s risk management approach, particularly for organizations with employees who regularly drive as part of their job.

Start with the Law—Then Go Further

State and local laws governing cell phone use while driving continue to evolve. Many states prohibit texting while driving, and some restrict handheld phone use entirely. Employers are expected to understand and comply with the laws that apply where their employees operate vehicles.

However, relying on legal minimums alone may not be enough to meaningfully reduce risk. A company policy should set clear expectations that prioritize safety and consistency, regardless of where an employee is driving.

When developing a policy, employers often include statements such as:

• Cell phones may not be used while driving a vehicle or operating moving machinery when such use could create a distraction and increase the risk of an accident.
• Employees must comply with all applicable state and local laws related to cell phone use while driving.
• If phone use is necessary, employees are required to use hands-free technology and should do so only when it is safe and appropriate.
• Texting, emailing, or reading messages while operating any vehicle—whether company-owned, rented, or personal—while conducting company business is prohibited.
• Violations of the policy may result in disciplinary action, up to and including termination of employment.

Clear language matters. Policies should be easy to understand, consistently enforced, and reinforced through training and regular communication.

Choosing the Right Level of Restriction

From a risk standpoint, the most conservative and effective approach is a complete ban on cell phone use while driving for work purposes. This eliminates gray areas and sends a strong message about safety expectations.

Some organizations determine that limited phone access is necessary due to the nature of their operations. In those cases, requiring hands-free devices, prohibiting texting entirely, and encouraging employees to pull over before making or taking calls can help reduce exposure.

No policy can eliminate risk entirely. But a thoughtful, well-documented approach demonstrates that an employer has taken reasonable steps to protect employees and the public.

A Practical Step Toward Safer Operations

Distracted driving is a known hazard, and the costs associated with it can be significant. A written cell phone policy is not just an administrative task, it is a practical tool for managing risk, setting expectations, and supporting safer behavior on the road.

For employers, this kind of policy can help reduce the likelihood of accidents, limit liability, and create clarity when incidents occur. More importantly, it helps protect people.

As with any workplace policy, employers should review their guidelines regularly, stay aware of legal requirements, and ensure policies reflect how their business operates.

Protecting employees starts with clear expectations and is supported by the right insurance coverage. Commercial auto insurance helps address risks that come with driving on the job. For additional guidance, contact your Leavitt Group insurance advisor.