THE NEED FOR A COMPREHENSIVE WORKPLACE CELL PHONE POLICY

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1 3.0 Comprehensive Workplace Cell Phone Policy THE NEED FOR A COMPREHENSIVE WORKPLACE CELL PHONE POLICY Keeping employees safe and reducing employer liability Project Health Distracted Driving 17

2 THE IMPACT OF MOTOR VEHICLE CRASHES ON THE WORKPLACE In the 1980s, cell phones gained popularity as a business tool as early users saw the potential in using their time on the road to communicate with anyone, anywhere. Since that time, research has demonstrated that cell phone use while driving can significantly impair driving skills. Car crashes are now the number one cause of work-related deaths and account for twenty-four per cent (24%) of all fatal occupational injuries. 1 Beyond concern for the safety of employees; collisions are also costly to employers. According to the National Highway Traffic Safety Administration, an onthe-job crash costs an employer more than $24,000, rising to more than $125,000 if the collision involves an injury. 2 Employers also face ongoing liability, insurance, productivity and absenteeism costs. 2 Employers who expect employees to use cell phones (either handheld or hands-free) while driving as part of their work, must recognize that doing so exposes their employees to a four times greater crash risk. 3 This preventable crash risk applies to all workplaces and all employees, not just those who drive for commercial purposes. 18 Project Health Distracted Driving

3 EMPLOYER LIABILITY According to the National Safety Council, an employer may be held legally accountable for negligent employee actions if the employee was acting within the scope of his or her employment at the time of a crash. 4 The key phrase acting within the scope of his or her employment can and has been be broadly defined in cases of crashes involving cell phones and is known as the common-law doctrine of respondeat superior. 3 This legal doctrine also holds true in Canada. 4 In recent years in the United States, jury awards and out-of-court settlements have included amounts of $21.6 million, $18 million, $16.1 million, $5.2 million and $2 million. 2 Scenarios included a mix of business and personal time, and company- and personal-owned phones and vehicles. Furthermore, with the elevated publicity surrounding distracted driving related to cell phone use in recent years, it is now difficult for employers and employees to argue that they are not aware of the dangers of this behaviour. In fact, employers are now being held to legal responsibility, even for actions that are not prohibited by provincial laws. 5 Employers need to understand what they face in today s courtroom climate and should take the necessary actions to protect themselves from liability, and to keep their employees and the communities in which they operate safe. To achieve this, it is recommended that workplaces create a comprehensive cell phone policy that exceeds the minimum standard of the existing provincial law by banning all cell phone use while driving. (Read more about Policy Development on page 40). FOR MORE INFORMATION For more information about employer liability including a list of crashes for which employers were found liable and resulted in large awards or settlement, visit Project Health Distracted Driving 19

4 The next section of this toolkit presents a wide range of strategies to raise awareness of the dangers of cell phone use while driving, build skills so that employees know how to safely and effectively manage their cell phones while driving, create environments that support focused driving and how to develop and roll out a comprehensive cell phone policy for your workplace. THE BOTTOM LINE Motor vehicle crashes are extremely costly for employers. Distracted driving is an issue for all workplaces and for all employees, not just those who drive for commercial purposes. An employer may be held legally accountable for negligent employee actions if the employee was acting within the scope of his or her employment at the time of a crash. Employers are now being held to legal responsibility for cases involving distracted driving, even for actions that are not prohibited by provincial laws. 5 In order to keep employees safe and protect employers from liability, it is recommended that workplaces create a comprehensive cell phone policy that bans all cell phone use while driving. 20 Project Health Distracted Driving

5 REFERENCES 1. Centre for Disease Control (2011). Occupational highway transportation death United States, MMWR, 60 (16): National Safety Council. (2012). Cell Phone Policy Kit. Available from: 3. Strayer DL, Drews FA, Albert RW, Johnston WA. (2002). Cell phone induced perceptual impairments during simulated driving. Available from: 4. Berta, J. (2003). Employer Liability for the Wrongful Acts of its Employees. Available from: 5. Employer Liability and the Case for Comprehensive Cell Phone Policies. (2012). National Safety Council. Available from: Project Health Distracted Driving 21

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