by the Brightmine Editorial Team
Virtually every state has enacted a distracted driving law restricting the use of a cell phone while driving. These laws affect employees, workplace policies and business operations. Employers with employees who are likely to use a cell phone while driving for work-related purposes will limit potential liability and promote employee safety by being aware of and educating employees about these state laws and ensuring that all workplace policies and practices are compliant.
The federal Occupational Safety and Health Administration (OSHA) has indicated that it is an employer’s responsibility and legal obligation to have a clear, unequivocal and enforced policy against texting while driving. OSHA fines employers that appear to encourage their employees to use cell phones while driving contrary to the law.
The distracted driving laws vary from state to state. For example, some states ban the use of handheld cell phones to talk and text while driving, while others only prohibit drivers from texting. Other states specifically allow the use of a cell phone in hands-free mode.
The following chart indicates the state laws that ban the use of handheld cell phones to talk or text while driving. Some states may have laws specifically addressing the use of cell phones by novice (e.g., minors), bus or commercial drivers that are not included in this chart. Some states may also have local laws that impose additional restrictions that are not included on this chart.
Table cells are marked “No” where the statutes or regulations are silent, or where they do not restrict the use of a cell phone while driving.
The chart also provides links to any state employee handbook statements that relate to cell phone use and texting while driving.
Want to see more?
For full access to our 50 State Chart:
Cell phone use and texting while driving laws by state
sign up for an HR and Compliance Center subscription today.
You may also be interested in…
HR and workplace safety: California
This guide provides HR professionals with an in‑depth overview of California workplace safety and health requirements, including Cal/OSHA …
Marijuana laws by state
This chart provides an overview of state laws governing medical and recreational marijuana use, including variations in legalization …
Weapons in the workplace handbook statement: Tennessee
This resource explains when Tennessee employers should include a weapons in the workplace handbook statement to inform employees …
About the author
The Brightmine Editorial Team
Our in-house team of HR experts carefully monitors and updates the Brightmine HR & Compliance Center, the most comprehensive library of employment law and HR resources. This team has an unrivaled wealth of subject matter expertise, with an average of 15 years’ experience. They also bring invaluable, diverse career experiences to the table—the team includes seasoned employment law attorneys, former in-house counsel, SHRM certified professionals and career employment law editors.
In addition to managing the HR & Compliance Center, the Editorial Team supports the content across the Brightmine product portfolio. The Team also supports Marketing Resource Center with breaking HR news, Commentary and Insights, and expert review of key compliance resources, such as our free charts.