Firms who don’t take steps to ensure their employees’ health and safety in the light of the new mobile phone driving regulations could end up facing liability for any problems that subsequently arise.
The advice comes from Croner, the UK’s largest provider of business information, advice and support, as the new legislation preventing the use of hand-held mobiles whilst driving comes into force.
The company is receiving an increasing number of calls to its business helplines from employers who are unsure what they should instruct their field sales teams, drivers and other employees working away from the office to do regarding the changes.
Anyone making or answering calls from a hand-held mobile phone whilst driving is now liable for a 30 on-the-spot fine or up to a 1,000 fine if the matter comes to court. Drivers who don’t have the appropriate hands-free equipment will have to pull over safely and stop to either answer
or make a mobile phone call.
The regulations are set to change the working lives of the many thousands of people who are used to answering mobile phones whilst they are driving as part of their everyday duties - and employers who don’t properly prepare their workforce for these changes could be setting themselves up to face problems in the future.
Croner Health and Safety editor Katherine Hunter says: Businesses have the same health and safety responsibilities for mobile workers as they do for their office-based employees and the new mobile phone regulations clearly fall under this banner.
Employers need to have a clear health and safety policy in place to cover these changes, so employees are absolutely certain about what they can and can’t now do. Being unaware of the new law will not be an excuse for either drivers or the employers on whose behalf they might be taking a call.
Croner employment law expert Richard Smith adds: If an employer insists employees still take calls whilst driving, he or she could also be breaking the law - and if any accidents occur whilst these calls are happening, the employer could well be the one who faces legal liability and any resulting compensation claims.
Using hands-free equipment will not be acceptable if you still have to hold the mobile handset to dial a number or even just to press the receive call button when someone is ringing you. Drivers will also still be liable for fines if they make or receive calls whilst stopped at traffic lights or are moving slowly in heavy traffic.
To stay within the new law, mobiles must be held in cradles that are fixed to the dashboard and hands-free kits, such as an earpiece and microphone or a Bluetooth headset, will be required to continue conversations on the move. Using hands-free devices with voice dialling and auto-answering would also be acceptable.
Employers need to decide whether they want employees to be able to take and make calls on the move, and must make sure staff know what the new rules encompass and fully understand the company’s policy on them. Failure to do this could have serious consequences for the business as a whole, as well as for individuals.
Croner produces a comprehensive range of guides covering all aspects of health and safety and employment law, which are available via helplines, manuals, CD-ROMs, newsletters, bulletins and the Internet.
Health and safety liabilities facing employers over new mobile phone driving rules
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