Ban on hand-held devices could mean policy changes at work
Ontario just got tougher on drivers using electronic devices while behind the wheel, and employers with employees in the province who drive and use such devices while on the job had better take note.
The province’s ban on hand-held devices while driving took effect on Oct. 26. It prohibits drivers from texting, typing, emailing, dialing or chatting using any hand-held device. Police will begin to implement and enforce the ban on the highways, streets and roads of Ontario in February 2010, following a three-month public awareness campaign. According to Ontario’s Ministry of Transportation, a driver using a cellphone is four times more likely to be in a crash than a driver focused on the road. Other studies have indicated dialing and texting carry the highest degree of risk of all cellphone-related activities.
Bans on electronic devices for drivers spreading
Legislation of this nature is not new to Canada and is already in force in several American states and about 50 countries around the world. Ontario is the fifth Canadian province to implement such a ban. Newfoundland and Labrador’s legislation has been in effect since 2003, Prince Edward Island’s since 2007 and Quebec and Nova Scotia’s since 2008. Manitoba introduced a bill in late 2008 and it will be proclaimed into law in the first half of 2010.
British Columbia is studying the viability of legislation that will completely ban the use of electronic devices — both hand-held and hands-free — while driving. Alberta and Saskatchewan are exploring similar bans. Quebec is considering strengthening its legislation.
In Ontario, after Feb. 1, 2010, police will issue tickets to drivers found using prohibited devices while operating a motor vehicle and drivers will face fines of up to $500 upon conviction. Further, police can charge drivers with careless driving under the Highway Traffic Act if they are not paying full attention to the driving task. If convicted of careless driving, a driver will receive six demerit points, fines of up to $1,000, suspension of their licence for up to two years and/or a jail term of six months.
Ontario drivers are prohibited from operating a motor vehicle with the display screen of a television, computer or other device visible to the driver. In addition, drivers are now banned from driving while holding or using a hand-held wireless communication device or electronic entertainment device.
Exempt from the ban are the display screens of global positioning systems (GPS), commercially used logistical transportation tracking systems, collision avoidance systems and instruments, gauges and systems providing information regarding the status of a vehicle’s systems. Drivers are permitted to use a cellphone or electronic entertainment device as long as it is used in hands-free mode.
Firefighters, paramedics and police are excluded from the ban and may continue to use hand-held devices when performing their duties. All drivers may use hand-held devices to call 911 in emergency situations.
If a driver needs to make or take calls using a hand-held device while on the road, he must ensure the motor vehicle:
• is off the roadway or lawfully parked on the roadway
• is not in motion
• is not impeding traffic.
Policies should be adjusted
The implication of the legislation for employers in Ontario is significant. Many employers provide employees with cellphones or reimburse their air time through expense policies. Many employers provide company vehicles or have employees who are expected to be on the road to do their job.
All employers should have a cellphone and electronic device policy in effect in the workplace. If there is a policy in place, it should be reviewed to ensure it complies with the new law.
The policy should include clear language that mirrors that of the legislation and makes it evident to employees a breach of the policy will result in disciplinary action, up to and including termination — in addition to whatever penalty they may receive if convicted under the legislation.
For the greatest protection, it is recommended employers ban all device use while driving — hands-free or not — and the policies specify exactly what is included in that prohibition. For example, a statement to the effect: “including receiving or placing calls, text messaging, surfing the Internet, tweeting or blogging, receiving or responding to email, checking for phone messages or any other purpose related to your employment; the business; our customers; our vendors; volunteer business activities, meetings or other responsibilities performed for or attended in the name of the company.”
If employers feel such a broad policy is unenforceable, they should at least require employees to use a hands-free device and employers should consider providing or subsidizing hands-free devices to workers, especially those who drive as part of their job.
Corporate policies are only effective when properly implemented. Simply writing a new policy to comply with the legislation will not suffice. It needs to be circulated through the workplace, employees should be educated about the legislation and the rationale for the employer’s position, and the policy, must be enforced.
Catherine Milne practises employment and human rights law at the Toronto law firm Zubas & Milne. She can be reached at (416) 593-5844 or catherine@ employment-lawyers.ca.
