Company Van - Hands Free Kits

[krhall]

What is the responsibility of the company with regard to providing hands-free kits in their vans if they are also providing mobile phones?

[SoulKiss]

What is the responsibility of the company with regard to providing hands-free kits in their vans if they are also providing mobile phones?

Simple, switch the phone off when driving.

If they want to get in touch while you are on the move they will soon buy the kit after not being able to get a hold of you once or twice when they wanted to.

[Mr Speirs]

My boss told me if I was driving for whilst working/during work hours then they have to supply a hands free kit.
Doesn't matter whether it's a company phone or a personal phone.

[keith_d]

No legal requirement, so depends on company policy.

Where I work the company policy is 'no calls while driving' and they have paid to have hands free equipment removed from company vehicles. They regard it as an area where the company could be sued if you were involved in an accident while you were taking a work call.

If your employer expects you to take work calls while driving, they should provide equipment to allow you to do so safely and legally. Otherwise, just refuse to answer the phone when you're on the road. If you're feeling nice give them a call back after about 30 minutes when you've found somewhere safe to stop, if you're feeling stroppy wait 'til you reach your destination.

Keith.

[krhall]

The problem here is the vans are not my responsibility, but the phones provided are...and whilst we insist that they not be used whilst in the vans I wondered if there was any legislation to say the company should install such pieces of equipment or not.

As any equipment, would be my responsibility too as it sort of has a screen and is therefore obviously IT!...apparently.

There is no real policy in place either.

[Lozzo]

Firstly someone needs to sit down formulate some kind of company policy regarding company supplied mobile phones and their use when driving, otherwise you and your staff will be chasing each other's tails for ever more. There is no specific legislation in place regarding an employer's responsibility to provide hands free devices for using mobile phones in company vehicles. Most companies simply forbid the use of any phones when driving, even with hands free devices, as allowing it leaves them open to possible prosecution if something does go wrong.

[MisterTommyH]

My company made us sign a letter (contract addendum) acknowledging that we would not use any mobile phone (company or private) while driving any vehicle (company or private) during working hours or on works business unless using a fitted handsfree kit.

Puts the onus on the employee but also means that have a fair argument for not answering calls. It falls under the H&S policy that every company over 5 employees has to have. If the person responsible for this hasnt picked it up then they haven't assesses the risk properly.

[timwilky]

My company used to provide hands free in all company vehicles. But policy is now changed. No mobile phone whilst driving. So no new hands free fitted and if you have one you do not use it.

Turn off mobile before you get into the vehicle.

[DJ123]

http://www.direct.gov.uk/en/TravelAndTransport/Roadsafetyadvice/DG_188761
If you're an employer, you can be prosecuted if you ask your employees to make or receive calls while driving.


You're employer should have a company document/statement/policy on driving and mobile phones

[-Ralph-]

Good link, but there's a big difference between you CAN be prosecuted, and you WILL be prosecuted. This basically means it's not clear the circumstances under which you may be prosecuted, though bollocking an employee for not picking up the phone whilst driving, then phoning him the next day when you know he/she is driving, and you know he/she doesn't have a hands free kit, would almost certainly be circumstance enough, but would probably only ever come to a prosecution if the employee had an accident whilst on the phone.... so in other words, very unlikely that an employer would ever be prosecuted under current legislation. My guess would be that if they had provided a hands free kit, the phone call would be legal, and they would be pretty much immune from prosecution (but not necessarily civil litigation).

Another thing in the wording of that link - A 'Hands Free' mobile phone. What does that actually mean? It means that you never have reason to hold it in your hand. A hands free kit is only truly legal to use if it is accompanied by an in car phone holder, designed for the purpose. Not many people realise that. A bluetooth phone in your pocket or in a storage tray, is NOT considered by the courts to be 'hands free'.