Mobile phones are a useful means of communication for employees working away from their office base, and can have benefits in some lone working situations. There are however two main areas of concern:

• Possible ill health effects
• Use of phones whilst driving

Current evidence suggests it is unlikely that mobile phones increase the risk of health problems. However, further research is necessary, as the possible effects from long-term use cannot as yet be ruled out.

Below are some measures you can take to lower your exposure to radio waves produced by mobile phones if you have any concerns:

• Only make short calls on your mobile phone, and do not use it more than necessary.
• Keep your mobile phone away from your body when it is in standby mode.
• Only use your phone when the reception is strong (this is often indicated by bars of energy on your phone screen). Weak reception causes the phone to use more energy to communicate with the base station.
• If you need to use your mobile phone frequently, consider with your manager the use of an earpiece and microphone.

If you suffer any ill health effects, which you consider may be caused by the use of your mobile phone, speak with your doctor. You should also report this to your manager. 

Research has shown that drivers using both hands-free or hand-held mobile phones or similar devices become distracted and do not pay sufficient attention to the road. 

RoSPA and other road safety organisations have identified that drivers underestimate the effects that distraction has on them, and do not perceive their reduced awareness or their ability to spot hazards.  Drivers who use a mobile phone or similar device

• are much less aware of what’s happening on the road around them;
• fail to see road signs;
• fail to maintain proper lane position and steady speed;
• are more likely to ‘tailgate’ the vehicle in front;
• react more slowly and take longer to brake;
• are more likely to enter unsafe gaps;
• feel more stressed and frustrated.

Research has found that even hands-free phone calls make drivers four times more likely to have an accident, with concentration levels reduced for 10 minutes after the call has ended. 

The research also showed that drivers on both hand-held and hands-free phones with reactions 30% slower than driving at the UK drink-drive limit, and 50% slower than under normal conditions.

Reading and writing messages and using smartphone apps is even more impairing than talking, as drivers take their mind, hands, and eyes off the road. Texting drivers have 35% slower reaction times and poor lane control.

It is illegal

• to ride a motorcycle or drive using hand-held phones or similar devices. The rules are the same if you are stopped at traffic lights or queuing in traffic.
• to use a hand-held phone or similar device when supervising a learner driver or rider.

Penalties for using your hand-held device while driving

Drivers/riders can get an automatic fixed penalty notice of 3 penalty points on their licence and a fine of £100 if caught using a hand-held phone while driving or riding. 

Some cases also go to court where drivers/riders could be disqualified from driving or riding (gov.uk) and get a maximum fine of £1,000.  Drivers of buses or goods vehicles could get a maximum fine of £2,500.

New drivers

New drivers will lose their licence if they get 6 or more penalty points within 2 years of passing their test.

Employers

It is also an offence to “cause or permit” a driver to use a hand-held mobile phone whilst driving. This would apply to employers who require or allow their employees to use a hand-held mobile phone whilst driving for work purposes; the penalties would depend on the particular circumstances in each case.

When can you use a hand-held phone in your vehicle

If you are the driver, you can only use your phone in a vehicle if you:

• need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop;
• are safely parked with the vehicle engine switched off.

It is not illegal to use hands-free phones, sat navs, and 2-way radios when driving or riding but if the police consider the driver/rider is distracted and not in control of their vehicle they can still be stopped and penalised.

If there is an accident or a crash, the use of any phone could be justification for charges of careless or dangerous driving.  The penalties on conviction for such offences include heavy fines, endorsement, disqualification and in serious cases, imprisonment.  The courts are taking a serious view of such cases.

Please note: that mobile phone records may be used to support the prosecution of a driver.

Driving for work includes any person who drives on a road as part of their work either in:

• a vehicle or hire car provided by the County Council; or
• their own vehicle and receive an allowance or payment for the distances driven.

Commuting to work is not generally classified as driving for work, except where the person’s journey starts from their home and they are travelling to a work location that is not their normal place of work.

Driving for work is the most dangerous work activity that most employees undertake.  About 150 people are killed or seriously injured every week (2015) in crashes when driving for work.  One common risk is staff making or receiving calls, texting or otherwise using a mobile phone/device whilst driving.  Research clearly shows that using a hands-free phone while driving is just as dangerous as using a hand-held phone.  

The Department of Transport's official stance on making hands-free phone calls is that they are a "distraction" and should be avoided.

The County Council has a duty under health and safety law to manage the risks faced by their employees on the road. 

Taking into account, the latest research and advice from road safety organisations the policy of the County Council is that employees SHOULD NOT use a mobile phone or similar device to make or receive voice calls, text messages, images, and data or to access the Internet whilst driving on County Council business.  This includes those with any type of hands-free installation including Bluetooth.

Employees are strongly advised to adopt a similar policy whilst driving at all other times.

Employees when driving for work will

• switch off their mobile phone/device or if it needs to remain switched on for business reasons let the phone/device go to voicemail or allow a passenger to use the phone;
• stop in a safe place if they need to check messages or return a call.  The vehicle engine must be switched off as under existing law a person may be regarded as driving if the vehicle engine is running, even if stationary. 

There are cases where employees

• who use their car as an office have been provided with a hands-free car kit;
• have been provided with Bluetooth enabled mobile phone/device or;
• have their own personal Bluetooth-enabled personal phone/device.

Where this is the case, the County Council Policy still applies that the mobile phone/device SHOULD NOT be used whilst driving on County Council business. 

Yes, a driver may call 999 or 112 in response to a genuine emergency when it is unsafe and impractical to stop to make the call.

As part of our overall health and safety policy, Buckinghamshire County Council is committed to reducing the risks, which employees face and create when driving or riding for work.  We ask all employees to play their part by driving safely and following the mobile phone policy for their own and others’ benefit whether they use a company vehicle, their own or a hire vehicle.

The County Council will co-operate with police enquiries resulting from a crash when driving for work and will supply to the police all relevant information including phone records. 

 Managers will:

• lead by example by not using a mobile phone/device while they are driving;
• as part of recruitment, training and staff appraisal, remind drivers about the dangers of using a hand-held or hands-free mobile phone/device whilst driving;
• remind drivers of the Council’s policy on mobile phone/device use;
• ensure employees are not expected to take or receive calls on their mobile phones/devices whilst driving except in exceptional circumstances listed above;
• remind employees to switch phones to voicemail, or switch them off, while driving, or ask a passenger to use the phone;
• encourage employees to plan journeys to include rest stops which also provide opportunities to check messages and return calls;
• assess the level of use of mobile phones by their employees and provide an earpiece and microphone where necessary;
• discourage excessive use of mobile phones by employees;
• ensure that employees who are involved in any road traffic collision (RTC) when driving for work(in their own, a hire or company vehicle), record the incident on the County Accident, Incident, and Near Miss database (currently ANT system)
• interview staff who have been identified as using a mobile phone/device while driving for work, or been involved in a crash, to establish
  • the details and to identify what lessons can be learned. The approach should be positive and helpful, rather than punitive, although it should be made clear that further incidents may lead to disciplinary procedures.
  • consider if driving training would help.
• refer to the Code of Practice on Personal Safety for general information about the issuing of phones for safety reasons.

When you receive your mobile phone/device ensure:

• you are familiar enough with the operation of the phone to enable you to use it quickly in an emergency situation. (This is especially important if you are a lone worker or in a position where you may need to call for assistance).
• you make yourself familiar with voice mail/message facility and set up any special numbers in the memory.

When driving for work:

• ensure you comply with and understand the County Council’s policy on using mobile phones/devices whilst driving;
• switch off your mobile phone/device whilst driving or if it needs to remain switched on for business reasons let the phone/device go to voicemail or allow a passenger to use the phone;
• stop in a safe place if you need to check messages or return a call.  The vehicle engine must be switched off as under existing law you may be regarded as driving if the vehicle engine is running, even if stationary. 
• ensure that on long journeys, your journey plans include time and places to stop for rest and refreshment, and to check messages and return calls;
• co-operate with monitoring, reporting, and investigation procedures;

For more information

• Contact your Health and Safety Adviser.
• Visit Using mobile phones when driving (gov.uk)
• Visit Road safety (rospa)
• Visit Driver training (rospa)
• Visit Road safety: resources for employers (rospa)
• Mobile phones while driving factsheet (rospa)
• The Risk of Using a Mobile Phone While Driving (Download)
• Driving for Work: Safer Journey Planner (Download)