(July 1, 2008) The California Chamber of Commerce is reminding business owners about the new law taking effect today that bans drivers from talking on cell phones while driving without a hands-free device.

The CalChamber also cautioned business owners about the legal responsibility they can incur if employees use cell phones while driving for work.

Although the new law imposes fines on the driver of the car only (and not on businesses), “These new laws have brought to the forefront the impact on businesses that require their employees to use mobile phones while driving, such as salespeople,” said Jessica Hawthorne, CalChamber employment law counsel. “If they require employees to use their mobile phones while driving, or if employers are not clear enough in their prohibition of the use of phones, they can be held liable for costs associated with car accidents, including workers’ comp, while an employee is working.”

The law does not say anything about employers having to provide hands-free devices to their employees; however, Hawthorne said she strongly recommends against requiring employees to be available by mobile phone while driving, as the requirement exposes businesses to significant liability.

For all drivers, there are some exceptions to the ban. Drivers may use handheld cell phones to call 911, drivers of emergency vehicles may use handheld phones in the course of their employment and drivers of some commercial and farm vehicles may use two-way radios with "push to talk" technology.

There are several things CalChamber advises employers to do in order to prepare for the new law, including:

• Consult with legal counsel, particularly if you hire minors and/or have employees who regularly use their cell phones or are on the road a lot.
• Adopt a clear policy that prohibits the use of any mobile phones while driving.
• Train supervisors and managers to communicate to their staff about the company’s policy prohibiting the use of mobile phones while driving.
• Discipline employees who violate the policy.

Specifically, beginning today, California law will require that drivers over 18 must use the hands-free option to operate a mobile device. First-time offenders will be ticketed $20, and subsequent offenders will be fined $50, although the state Department of Motor Vehicles will not assign a point to the records of drivers cited under this law.

Separate legislation also going into effect today prohibits California drivers under the age of 18 from using any mobile device while driving, except in an emergency.

More information on the mobile phone hands-free law and many other workplace issues can be found at www.calbizcentral.com or by calling (800) 331-8877.