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Creating a policy for employee cell phone use while driving

Summary

Find data on distracted driving and examples of policies you can draw from to address employee cell phone use while on the roads.

A cartoon of Skip, an SFM mascot, in a car with a "no cell phone" image. Read about driving safety.

Distracted driving continues to be one of the most serious safety risks facing employers today, especially for organizations with employees who drive for work.

If you have employees who drive as part of their jobs, your driving policy should address cell phone use. 

According to the National Highway Traffic Safety Administration (NHTSA), 3,208 people were killed and more than 315,000 were injured in crashes involving distracted drivers in 2024. The Centers for Disease Control and Prevention (CDC) adds that this translates to approximately nine deaths every day in the U.S. due to distracted driving.

For employers, the risks go beyond safety. Distracted driving incidents can lead to insurance claims, legal liability, higher premiums, reputational damage, and employee injury or loss of life. That’s why establishing a clear, enforceable policy on employee cell phone use while driving is essential.

Cell phone laws

Awareness of the connection between car crashes and cell phone use is increasing. Many states are starting to pass laws prohibiting certain kinds of cell phone use while driving.

A new hands-free driving law went into effect in Iowa on July 1, 2025, highlighting the legal aspects of safe driving. Other state laws include:

Minnesota

Minnesota’s hands-free law went into effect in 2019.

Accessing or posting on social media, streaming videos, searching a website or otherwise using a phone is prohibited. For repeat offenders, the fine can be $300 or more, including court fees.

Wisconsin

In Wisconsin, its law went into effect in 2017 and is slightly different from those in Iowa and Minnesota:

No driver may use a hand-held mobile device when driving through a road work zone, except to report an emergency

Texting while driving is against the law for all drivers

Hand-held or hands-free cell phone use is prohibited for any driver with a probationary license or instruction permit, except to report an emergency

Distracted driving policy examples

A total employer cell phone ban covers: handheld and hands-free devices, all employees, all company vehicles, all company cell phones and all work-related communication, even in a personal vehicle using a personal cell phone.

Check out our Sample cell phone policy CompTalk for more information, and note that employers have been held liable for crashes caused by their employees’ cell phone use.

Hands-free devices not enough to prevent distracted driving

Distraction comes in manyforms.

  • Manual distraction: Taking your hands off the wheel
  • Visual distraction: Taking your eyes off the road
  • Cognitive distraction: Letting your mind wander from the task of driving

Research shows the cognitive distraction of talking or texting while driving is dangerous, even when drivers have both hands on the wheel.

Research from the University of Iowa showed that subjects engaged in answering true and false questions, intended to mimic the distraction level of a phone conversation, took twice as long to look at new objects on the screen in front of them than those who were not engaged in answering questions.

This video from the National Safety Council highlights why a cell phone policy that covers hands-free devices is so important.

Training your employees on cell phone policy

After your company has the right policies in place, it’s important to make sure employees follow them.

Our 5-minute solution safety training talk on cell phone use provides talking points you can share with your employees including:

  • Cell phone users have significantly poorer reaction time.
  • To stay safe, eliminate all cell phone use while driving including taking calls, sending or reading text messages, sending or reading email and surfing the web.
  • Cell phone laws apply while at a stop sign or stop light as well.

Training employees on the dangers of distracted driving really does make a difference. A study of health care workers showed a 50 percent decrease in distracted driving following an awareness campaign.

Additional resources on safe driving

For more information on safe driving, check out these resources:

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.