Employee Use of Wireless Devices While Driving

In October 2009, the Countering Distracted Driving and Promoting Green Transportation Act came into effect in Ontario. More commonly known as the “Cell Phone Act”, its purpose is to reduce accidents that are caused by drivers who are focusing on their technology and not focusing on driving. While the Act applies to all drivers whether they’re driving for personal reasons or in the course of work, there are particular repercussions for employers.

Many employers I’ve spoken with hold the view that people know what’s expected of them and that the individual will bear the penalty if found to be violating the “Cell Phone Act”. As an employer, if you’re counting on your employees to understand and adhere to this new legislation, you’re taking a big gamble. Do you think any of them have read it? Do they understand that it means not having a laptop open in a moving vehicle; not having their phone with its display screen on sitting on the passenger seat? Some employers think that providing Blue Tooth technology is all they need to do. While that’s an excellent step to comply with the legislation, it’s not enough.

To protect your organization you need a clear policy on what’s permitted and what’s not. It’s not only the employees who drive in the course of work, but your employees who may be calling them (their supervisors, schedulers, co-workers) who must understand your expectations. There are exceptions written into this law. Do any of your employees fall under any of the exemptions?

If an employee is fined under the Act, and they were texting in the course of work, who’s going to pay the fine? As an employer, you expect them to pay, but have you told them?

The worst scenario will be the employee who’s in an accident using their wireless device while driving and working for you. If the employee is injured, you’ll have a WSIB claim to deal with. A third party may be injured and/or their property damaged, the costs of which may come back to you. Under the legal principle of vicarious liability, employers can be found liable for the negligent acts or omissions of employees in the course of their employment.

Policies can’t guarantee that your organization is protected from all legal actions that may be taken against it. But, having a proper policy and procedures in place, and being able to prove that all of your employees were trained in both it and the consequences of their non-compliance will go a long way to mitigating damages. It’ll certainly put you in a better position to defend against legal actions than if you don’t have a policy and procedures.

An additional benefit is that you’ll be a better corporate citizen and employer. You may save an employee from being injured. All of us who use the roads, the sidewalks and the bike lanes will be safer for you being pro-active. The amount of work it takes at the outset to implement a policy pales against the time, expense and sleepless nights required to defend against a legal action.

As with everything that relates to the health and safety of your employees and the public, how will you feel if someone gets hurt due to your negligence?

If you don’t have the time or resources to prepare this policy, Access HR Solutions will do it for you, very cost-effectively.

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