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The Case for a Cell Phone Use Policy

Written by Tony May—Co-Owner, Executive Vice President

April 2, 2025

Blog The Case for a Cell Phone Use Policy

A comprehensive cell phone use policy is crucial for businesses with employees who drive as part of their job responsibilities. A policy like this safeguards your employees and significantly reduces your company's liability risks.

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The Risks of Employee Cell Phone Use While Driving

Allowing employees to use cell phones while driving can lead to severe consequences:​

  • Increased Accident Risk: Using a cell phone while driving—whether for calls, texting, or emails—distracts the driver and increases the likelihood of accidents. ​
  • Employer Liability: Your company could be liable for injuries or damages if an employee causes an accident due to cell phone distraction. This liability is heightened if there is no clear policy regulating cell phone use while driving. ​

Texas’ Legal Landscape

Understanding state and local laws is essential when crafting your company's cell phone use policy:​

  • Statewide Ban: Texas law prohibits drivers from using wireless communication devices to read, write, or send electronic messages while operating a motor vehicle unless the vehicle is stopped.

 

  • Local Ordinances: Many Texas municipalities have stricter regulations, including complete bans on using handheld devices while driving. It's crucial to be aware of and comply with these local laws. 

Developing an Effective Cell Phone Use Policy

To mitigate risks, consider incorporating the following elements into your company's cell phone use policy:​

  • Prohibit Cell Phone Use While Driving: Employees should not use cell phones while operating vehicles or machinery, as such distractions can cause accidents and injuries.​
  • Hands-Free Requirement: If cell phone use is necessary, employees must use hands-free devices and comply with all state and local laws regarding cell phone use while driving.​
  • Ban on Text Messaging: All text messaging, including typing or reading texts, while operating any vehicle (company-owned, rented, or personal) for business purposes is prohibited.​
  • Disciplinary Actions: Violations of this policy will result in disciplinary action, up to and including termination of employment.​

Benefits of a Strict Cell Phone Use Policy

Implementing a stringent cell phone use policy offers several advantages:​

  • Enhanced Safety: Reducing distractions leads to safer driving practices, protecting your employees and the public.​
  • Liability Reduction: A clear policy demonstrates due diligence, potentially reducing your company's liability in the event of an accident.​
  • Compliance Assurance: Ensures adherence to state and local laws, avoiding legal penalties and fines.​

Strengthen Your Risk Management Strategy

Proactively addressing cell phone use while driving demonstrates a commitment to safety and responsibility, fostering a culture that values employee welfare and organizational integrity.

Don't wait for an incident to highlight the need for a comprehensive cell phone use policy. Contact Leavitt Group Texas Select today to review and enhance your company's safety protocols, ensuring the well-being of your employees and the protection of your business.​

References

https://codes.findlaw.com/tx/transportation-code/transp-sect-545-4251/

https://www.tdi.texas.gov/pubs/videoresource/wpdrcell.pdf

Have questions? Contact:

Tony May

Tony May

Co-Owner, Executive Vice President

(713) 807-8264
Book an Appointment»

As the director of commercial operations at Leavitt Group Texas Select, I’m responsible for developing our commercial insurance team and overseeing account management, support, and talent acquisition. One of the best parts of my job is helping my team reach group goals by taking an encouraging and supportive approach.

I started in the insurance industry in 1998 as a captive agent with Nationwide Insurance, where I built an agency from scratch. In 2020, I transitioned my agency to become independent, and in 2022, I joined forces with Leavitt Group Texas Select.

I graduated with a Bachelor of Business Administration from Stephen F. Austin State University and continue to educate myself in subjects relevant to my career. I’ve earned my Life Underwriter Training Council Fellow (LUTCF) designation and am a member of several professional organizations, including the Independent Insurance Agents of Houston and Texas, Professional Insurance Agents of Texas, and the Houston Builders Association.

My wife, Felecia, and I have been married for 37 years. We have two sons, Tucker and Austin, a daughter-in-law, Karly, and recently welcomed our first grandchild, Jenna Grace. I enjoy spending time with my family, especially now that our children are adults.

Outside of work, I am very involved with my church, Holy Spirit Episcopal Church, and currently serve on the Investment Committee, as well as act as a board member of the Holy Spirit Episcopal School. I have a weekend hobby farm on 10 acres in La Grange, Texas, that I love working on. It’s nice spending time outdoors, whether it's cutting down and processing trees, tending to my small garden, or working with the two steers I keep on the property. Additionally, I perform regularly as Elvis for the elderly, typically for those suffering from Alzheimer’s or dementia.

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