June 12, 2008

WASHINGTON STATE EMPLOYERS SHOULD ADDRESS

NEW HANDS-FREE CELL PHONE LAW

Effective July 1, 2008, Washington State joins several other states in prohibiting the use of handheld mobile phones while driving. Washington employers with employees who drive for work or who conduct business by phone while driving should review their policies in anticipation of this new law.

Section 46.61.667 of the Revised Code of Washington (RCW) prohibits the use of wireless communications devices by the driver of any moving vehicle unless the driver is using a hands-free device, it is an emergency situation, the driver is reporting illegal activity or the driver has a hearing aid. Acceptable hands-free devices include speaker phones, headsets and earpieces. Passengers are not affected by the new law because it applies only to drivers.

To read the relevant statute in the Revised Code of Washington, please click here. To read our Alert about California’s new hands-free cell phone law, please click here.

Unlike similar laws recently passed in other states, the Washington law is a secondary enforcement law, which means a driver can only be given a ticket if he or she has been stopped for another violation. In addition, an infraction of this law will not go on a violator’s driving record, and employers and insurers will not be given information about a violation.

Now Both Handhelds and Text Messaging While Driving Are Banned

The ban on drivers talking using handheld devices goes into effect on the heels of the ban on text messaging while driving. RCW 46.61.668, which became effective on January 1, 2008, prohibits sending, writing or reading text messages while driving. The text messaging ban exempts the entering of a name or telephone number into a phone to place a call or using a phone in an emergency situation or to report illegal activity. As with the new ban on talking without a hands-free device while driving, the text messaging ban is a secondary enforcement law. Violations will not go on a violator’s driving record, and employers and insurers will not be given information about a violation.

To read the statute banning text messaging while driving, please
click here.

Do Your Employees Drive for Work? Then Address New Laws in Workplace Policies

What does this mean for Washington employers? The new law does not contain a requirement that employers take proactive measures, but employers should consider prohibiting their employees from using mobile phones of any kind while driving for work. Alternatively, employers may want to provide employees with hands-free devices, particularly for employees who utilize their company-provided mobile phones while driving on company business. This will promote safe driving and encourage employees to comply with the law.

Furthermore, employers should revise their mobile phone use policies to include a provision requiring the use of hands-free devices while driving a motor vehicle during work hours or on company business. Also, in consideration of the already-existing ban on text messaging while driving, employers should also include language in their employee handbooks prohibiting the reading or sending of text messages while driving.

It is essential that an employer communicate and enforce this sort of policy on a regular basis. Employers may consider disciplining employees who fail to adhere to the policy. As always, any changes an employer makes to its policies should be acknowledged by each employee in writing.