On the other hand, while your assumption may be that she was holding the cellphone in one hand & driving w/ the other, it may be possible that she has hands free phone access; many cars offer steering column phone functions - & many phones have voice activation/dialing w/ wireless headsets. I use this sort of set-up myself & put my headset on right along w/ my seatbelt, so that if I do get a call, I won't be compromising my driving or attention. - dial functions are all programed to voice activation. It's not much different than chatting to a passenger. (For those who insist on speaking w/ eye contact, it's a different story!;-) I would think that if one cannot concentrate on driving & speaking at the same time, it's probably safe to say you wouldn't be safe in a van full of distracting kids- which most parents *must deal with all the time... I agree though, that beyond short conversation/discussions, business is best left to a better place than in a car..
Just my HO.
Karen Mahnk
---- Judith Cole <ColeJ@hillsboroughcounty.org> wrote:
> I am so glad you posted this. I, too, am very interested in any workplace policies that prohibit employees from using cell phones while driving and conducting official business. This would seem to me to be a risk management no-brainer, with varying degrees of exposure to the employer based on several variables, the worst case scenario being a fatal accident caused by an employee using an employer-issued cell phone while driving an employer-owned vehicle. Please post or forward any sample policies you receive. Thanks!
>
>
> Judy Cole, MLIS
> Law Librarian
> Hillsborough County Attorney's Office
> 601 E. Kennedy Blvd., 27th Fl.
> Tampa, FL 33602
> Tel: 813-272-5673, Ext. 126
> Fax: 813-272-5758
> colej@hillsboroughcounty.org
>
>
> >>> "Frye, Nanna" <Nanna.Frye@jud.ca.gov> 05/27/05 01:58PM >>>
> Happy Friday All!
>
> Maybe some folks at law firms with employment law departments
> can apply some "cutting edge" answers to my query. I recently received
> a phone call from a Lexis rep and it was apparent from the swishing
> sound in the background that she was driving while she was talking. I
> asked the Lexis person about this who verified that she was driving. I
> told her I felt "very uncomfortable" about having this conversation
> since this was not a "quick answer" type of call but her reply was "I
> can handle it."
>
> Of course, if she had gotten in an accident, Lexis would be a
> defendant in the resulting lawsuit because the Lexis rep was conducting
> business while driving the vehicle. Are employers now creating cell
> phone usage policies to govern situations such as this? Would someone
> at Lexis please tell me their policy? I felt uncomfortable at that time
> and several days later, it still bothers me so I have decided for myself
> that I will no longer accept such phone calls.
>
> Nanna Frye, Law Librarian
> Court of Appeal
> San Diego, CA
>
>
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