Mobile Phones and Safety

In a recent Fair Work Commission case the Commission decided that the employer had the right to prohibit employees from having mobile phones with them during working hours due to safety reasons. The employer had a workplace policy that mobile phones in the workplace were not allowed other than during recognised meal breaks.

The employee requested an exemption to the policy claiming that he could seek flexible working arrangements due to family responsibilities. The employer refused the request.

In this case the employee argued that he needed to have his mobile phone with him at all times in case there were calls from his children’s school or his wife, and that these were reasonable requests for flexible working arrangements due to family responsibilities.

The employee also argued that there had been no incidents in the previous three years associated with the carrying of mobile phones in the workplace.

The Commission dismissed this argument saying that it would not substitute its assessment of what risks should be acceptable to the employer.

The Commission went on to rule that the policy regarding mobile phones was a safety arrangement and was sufficiently connected to the workplace to be a work arrangement and as such not something that could be flexible.

The Commission ruled the reasons for refusal to exempt the employee from the policy were reasonable measures aimed at reducing the risk of injury within the workplace where distraction could result in injury or damage and the request was refused on reasonable business grounds.

In a previous newsletter we discussed the use of mobile phones in the workplace (link here). This case was related to safety concerns and does not mean all such requests can be refused. If you have any concerns as to what you can limit with your employees contact Andrew.