Job Site Cellphone Use: Safety Risks and Liability

Mobile technology can be a valuable tool for the construction industry, but on job sites, cellphones can pose significant safety risks. While they are useful for communication, cellphones distract workers from potential hazards and essential safety practices. Although OSHA does not have specific regulations on cellphone use, employers can still be cited under the General Duty Clause for failing to maintain a safe workplace.

In addition, cellphone use can violate OSHA’s cranes and derricks standard, which prohibits any activities that distract operators of cranes or similar equipment. Only hands-free systems are permitted for receiving signals during operation.

Employer and Employee Liability

Cellphone use while operating machinery can lead to severe consequences. Construction workers may face civil or criminal liability for accidents caused by distracted driving. Employers can also be held accountable if they don’t enforce policies against texting while driving. General contractors, too, risk OSHA penalties if subcontractors on-site use mobile phones improperly, so it’s essential to monitor and enforce safe practices.

Minimizing Safety Risks

To reduce cellphone-related safety risks, construction employers should consider these guidelines:

  • Implement Policies: Enforce rules prohibiting texting and talking on cellphones while operating motorized vehicles.
  • Restrict Cellphone Use in Hazardous Areas: Limit cellphone use in areas where distractions could lead to accidents.
  • Use Blocking Applications: For company-issued phones, consider apps that block internet and texting functions in moving vehicles.
  • Create Cellphone-Free Zones: Make parts of the construction site cellphone-free, posting reminders where needed. Allow cellphone access only during breaks and in designated areas.

Beyond the risk of OSHA citations and legal liability, excessive cellphone use can lead to higher insurance premiums due to increased workplace accidents. Ensuring strict policies around cellphone use can help keep insurance costs manageable and improve overall site safety.

Construction sites are already hazardous environments. By enforcing clear safety practices and holding workers accountable, employers can prevent unnecessary accidents and liabilities. Contact Swarts Manning for more information on minimizing risks from job site cellphone use.

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