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February 19, 2001

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Cell Phones Trigger Litigation Risks And Ethical Choices

By Bob Wallace (bwallace@cmp.com)

ust as there are no atheists in foxholes, there's nothing like the threat of litigation, particularly costly, high-profile personal-injury litigation, to infuse a company with the religion of business ethics. Ask Firestone. Or ask any of the companies waking up to the possibility of such legal action in connection with traffic accidents involving workers talking or accessing E-mail over company cell phones while driving.

The controversy over cell-phone use in cars has been building slowly. It led to anti-cell-phone ordinances being passed last year in New York's Suffolk County and Brookline, Mass., and legislation on other dockets this year. At least one company has settled a lawsuit out of court over a fatal accident involving a worker doing company business on a cell phone while driving.

It's something IT managers can and should take the lead on, says one analyst. "Few companies' IT managers and human-resources professionals have developed corporate policies for mobile workers that set the ground rules for use of mobile devices," says Daniel Briere, CEO of consulting firm TeleChoice.

"I expect this to change as accidents, injuries, and fatalities mount and garner more media coverage."

One IT manager who took the lead is John Hill, CIO of industrial gas trucker Praxair Technology Inc. in Danbury, Conn. Onboard computers are standard equipment in Praxair's fleet of 1,500-plus trucks, and the company provides mobile phones for its field sales force. Three years ago, Hill helped establish a company policy that stipulates drivers must pull off the road before using the devices. Breaking the rule can mean dismissal.

Hill says other companies should do the same. "We favor legislation that prohibits use of cell phones in moving vehicles," he says. "With safety as our primary corporate value, steps to protect our 25,000 employees are of paramount importance." --Bob Wallace