July 15 will mark a legislation milestone for residents in Manitoba. Drivers caught gum flapping on, and after, this date will receive nice hefty fines. The fines don’t stop at the driver though. Employers could now be staring down the legal barrel for their employees cell phone use as well.
This might sound like a bad idea to companies who don’t want to be responsible for employees arguing with their kids while driving to work. Have no fear, as muddy waters cloud the legality of this. Let’s take a walk through those muddy waters.
First up is what phone drivers are using. Companies start taking a bit of responsibility when they hand out shiny phones to employees. This is becoming a more common practice as cell phone plans drop in price and people feel some sort of need to stay connected to work wherever they go.
Next on this list is the type of violation and where the violation takes place. Violations concerning accidents that cause damage to property and people are the main concern. Manitoba is a no-fault area. This means the no-fault insurance kicks in and stops any legal retribution for injuries sustained in a vehicle accident.
Step outside of Manitoba to places like Ontario, Alberta, or a majority of the United States and things change drastically. These areas do away with the no-fault insurance rule. Thus, an accident can lead to a lawsuit on the driver as well as the company.
Another issue comes in the call itself. Some employees will argue that talking to family while on the road is a cost of doing business. Companies can rebuttal this by saying the company cell phone is for company business only. Employees chatting with company clients are easy to point out as business related. However, what is the real cost of doing business?
So, what is a company to do? First, companies can setup policies like using hands free devices for that chitter chatter. Companies can also restrict any use of company cell phones while the employee is driving. Some companies are already stepping up their policies.
Canada’s leading trucking company, Bison Transport, has taken it upon themselves to avoid any chance of lawsuits. Bison Transport has recently issued a policy forbidding any use of hand-held devices by drivers. This ban extends to CB radios.
You think your employees can’t cost you money with their yacking while on the road. Think of this example then. An Arkansas lumber company shelled out a whopping $16.2 million after a salesmen hit a 78-year-old lady in Florida. The lady was disabled due to the accident. The salesmen was making a sales call while driving. This may have happened a long way from Canada, but the precedent has been laid down. Time for some new cell phone policies for those employees.






