On the first day of Kyocera's giveaway program, about 300 employees picked up free, wired headsets. BRUCE K. HUFF / Union-Tribune photos Kyocera Wireless employee Anna Mau tried on one of the headsets the company gave workers yesterday in advance of Tuesday's change in state law requiring all drivers to use hands-free technology while on the phone.

The pending changes in the law have many employers thinking about how their workers use cell phones during work hours. There are liabilities when an employee makes personal calls while driving a company vehicle, and there's legal exposure when a driver uses a company phone.

Some companies are issuing policies for the first time. Some are revising existing guidelines. Others, such as Kyocera, are reminding employees that they're required to comply with all rules of the road.

The company sent a memo to all employees to underscore the policy and the coming changes in the law. Employees “are expected to adhere to federal, state or local rules and regulations regarding the use of cellular telephones while driving,” the corporate memo said. “This applies to both personal and company-provided cell phones, and under no circumstances should employees place themselves or others at risk to fulfill business needs.”

On the first day of Kyocera's giveaway program, about 300 employees picked up free, wired headsets.

Another San Diego wireless company, Qualcomm, is tightening its cell phone policy as the new law kicks in.

Qualcomm employees are prohibited from reading or sending text messages and e-mail while driving. Employees driving company cars aren't allowed to use personal cell phones while driving. And Qualcomm is providing free wired and wireless, hands-free equipment for use with company phones while driving.

Nothing in the new law creates additional liability for employers, but it has created awareness and new interest, said Jessica Hawthorne, an employment attorney with CalBizCentral, a division of the California Chamber of Commerce.

In several high-profile cases, employers have been sued as a result of accidents in which workers' cell phone calls might have been a factor, Hawthorne said.

“If you're talking on the phone and are involved in an accident where someone is injured, it's probably not just you who's going to get sued,” she said. “If (the attorneys for the injured person) find out you were working, they're going to go after your employer, too.”

Hawthorne said her employer has a policy banning employees from talking on the phone while driving during work hours.

“Managers are trained to ask if employees are driving, and if they are, make arrangements to talk later,” she said.

At San Diego-based Sharp HealthCare, the nonprofit employer is considering a similar policy prohibiting cell phone use by employees who are driving during work hours.

“There is some evidence that using Bluetooth or other hands-free devices doesn't go far enough to eliminate the distraction,” spokesman Tom Hanscom said. “We're in discussion with our insurance carrier about whether it makes sense to ban cell phone use by our employees who are driving.”

At The San Diego Union-Tribune,  the company will subsidize up to $25 of the cost of hands-free accessories for employees who need to talk on the phone while driving. The company's updated policy requires compliance with the law and authorizes discipline up to and including dismissal for violations.

Making violations a firing offense is a fairly typical component of corporate cell phone policies, said Ray Hixson, a corporate labor and employment attorney at Heller Ehrman.

“It has to be connected to enforcement,” Hixson said. “Imagine a business defending itself against a lawsuit saying, 'Well, we had this policy, but we didn't have any consequences for violating it.' ”

Hixson, who conducts a seminar titled “The Borderless Workplace,” said employers have to guard against being accused of encouraging or requiring the use of mobile technology without taking steps to safeguard the public or employees.

“It's an issue that's getting a lot of attention,” he said. “A lot of companies are adopting policies.”

Jonathan Sidener: (619) 293-1239; jonathan.sidener@uniontrib.com