Illegal to Jam Employee Phones
Employees at The Supply Room in Oxford, Alabama, were causing concern for management by using their mobile phones while on the job. Given that the company manufactures military uniforms and insignia, general manager Tim Barton understandably wanted to improve employee safety. As he pointed out, there are hazards in the workplace, including a 10-ton press and sharp embroidery needles that could cause serious accidents. To mitigate the risk, the company decided to install cellphone jammers that would disrupt phone signals and prevent employees from using their phones at work. According to Barton, this was the perfect solution to the problem, and he was pleased with the outcome. By prioritizing employee safety, The Supply Room has shown that it takes its responsibilities seriously and is committed to ensuring a safe and healthy work environment.
FCC Takes Action: Regulating Telecommunications Industry
But under the Communications Act of 1934, using a cellphone jammer is illegal, and in April 2013 the Federal Communications Commission (FCC) issued fines against The Supply Room and against Taylor Oilfield Manufacturing Inc., in Broussard, La., for using jammers.
Fines included $10,000 for operating without FCC authorization, $5,000 for using unauthorized or illegal equipment, and $7,000 for interference with authorized communications, plus a $16,000-per-day fine for violations of the prohibition on signal jamming. In both cases, the companies cooperated with the FCC and the amounts of the fines were reduced.
In charging The Supply Room, the FCC stated: “Jammers are not only designed to impede authorized communications and thereby interfere with the rights of legitimate spectrum users and the general public, but also are inherently unsafe. For example, jammers can be used to disrupt critical public safety communications, placing first responders like law enforcement and fire fighting personnel—as well as the public they are charged with protecting—at great risk. Similarly, jammers can endanger life and property by preventing individuals from making 911 or other emergency calls. In order to protect the public and preserve unfettered access to emergency and other communications services, the act generally prohibits the importation, use, marketing, manufacture, and sale of jammers.”
In an interview, Barton said, “We did not know they were illegal. … We thought we had an easy solution.”
Now, more than a year later, “we put a new policy [in place] immediately restricting the use of phones in the workplace,” he said. “It’s in the employee handbook. There are posters when you enter the building.”
Employees may keep their phones in their lockers, “they just can’t have them past that door after the time clock. If they’re taking a smoking break they can use them. But we’re not going to allow them in the building. We’re not going to do it, we’re not going to give in,” Barton said.
If an employee is caught using a cellphone, the person is sent home without pay.
“If it continues, we will terminate them. We have zero tolerance,” he said. It may sound harsh, he noted, but added that most workplaces do not have the kinds of potential hazards that exist at The Supply Room.
“People feel they have a right to their cellphone, but they don’t in the workplace, according to us. We don’t want somebody losing a body part. We monitor as closely as we can,” he said.
Policies on Cellphone Usage: Guidelines and Regulations
Cellphone use in workplaces has been a controversial topic due to the potential distractions it could cause to employees. However, as Holger Mueller, a principal analyst at Constellation Research, suggests, it should be up to enterprises and employees to manage the usage of cellphones intelligently. While companies can prohibit the use of cellphones during certain circumstances, such as when interacting with customers, they should trust and empower employees to make appropriate decisions.
The use of cellphone jammers by companies has become a recent trend due to the low cost of the equipment. As Scott R. Flick, a communications lawyer, notes, some companies use jammers to prevent employees from wasting time. However, companies using jammers should be aware that it is illegal, and there might be legal consequences. Additionally, jammers interfere with emergency calls, which could potentially harm employees and customers.
More worrying are employees using illegal devices, such as GPS-jamming devices, without the company’s knowledge to prevent the company from tracking their activities. Employees using these illegal devices could be fined by regulatory authorities, such as the FCC, for causing disruptions in communication networks.
Ultimately, enterprises should provide guidelines for the use of cellphones in the workplace while trusting employees to make the right decisions. Companies that resort to using illegal devices risk facing severe legal consequences. Instead, managers should coach and oversee their employees to foster appropriate behavior and prevent misuse of devices. The goal should be to promote productivity and create a safe work environment.