A method, mobile station, and user-based communication system are provided that determine that a mobile station intends to transmit over an uplink, determine whether the mobile station is being operated in a body-worn position, determine an uplink transmit power scale factor, and when the mobile station is being operated in a body-worn position, apply the uplink transmit power scale factor to an uplink transmit power to produce a scaled uplink transmit power. In one embodiment, the user-based communication system includes the mobile station and an audio accessory and determines whether the mobile station is being operated in a body-worn position based on a determination of whether the audio accessory is actively engaged.