California Hands-Free Law Takes Effect July 1
Effective July 1, 2008, Senate Bill 1613 requires drivers in California to use a hands-free device when using a cell phone while driving. What does this mean for employers? If employees are expected to use a cell phone while driving, the employer must provide them with a hands-free device so they can perform their work and comply with the law. The device can be purchased by the company and distributed to employees, or the company can agree to reimburse employees for the reasonable cost. If employees are not expected to use cell phones while driving but choose to do so solely for their own convenience, then the employer is not required to provide or pay for a device. As with any equipment issued to employees, they can be required to return it upon termination of their employment. Rules regarding deposits and wage deductions for equipment are highly technical. Employers should consult with their employment counsel before requiring a deposit or deducting the cost of a lost device from an employee’s wages.
If a company has any employees who drive, even occasionally, in the performance of their work duties, it should immediately adopt a policy requiring safe driving habits. Implementing such a policy can reduce the likelihood that an employer will have to pay for an employee’s tickets and reduce the potential liability if an employee is involved in a traffic accident. A sample policy is below.
SAFE DRIVING POLICY
Any employee operating a company vehicle must immediately report any accident(s), fine(s) and/or violations incurred and provide any and all paperwork associated with the incident(s) to Human Resources.
Any change in license status or driving record must be reported to Human Resources immediately. It is your responsibility to drive safely and obey all traffic, vehicle safety, and parking laws or regulations. The company will reimburse you for eligible miles driven for business purposes using your personal vehicle in accordance with IRS regulations and applicable reimbursement rates. To the extent that you drive motor vehicles in connection with performing your job responsibilities, you must exercise all caution necessary to avoid injury to yourself, to others and to property. You must obey all traffic and other driving regulations, including regulations regarding the use of hand-held cell phone devices and personal digital assistants (PDAs), and must minimize the opportunity to be distracted while driving. To the extent that it is necessary to make or receive cell phone calls when driving, you should always be using a hands-free device. Operating PDAs, text messaging or engaging in other similar conduct while operating a vehicle on company business is strictly prohibited.