Alberta’s distracted driving legislation that became law on December 2, 2010 comes into effect September 1, 2011. A detailed fact sheet that explains the new legislation is available through the Government of Alberta website.
It carries a $172 fine for violations, but it presents a potentially steeper penalty for employers who do not appropriately adjust their policies and inform their employees of these changes.
The issue lies in vicarious liability. If employees are allowed to conduct business on cell phones while driving and an incident occurs while the employee is on the phone, the employer could be held liable for damages resulting from the incident. This stems from the precedent that employers have been held liable in the past for damages caused by the negligent conduct of their employees.
So how does an HR department respond to these changes and help protect their company from potential liability?
The first step is to develop a corporate policy that includes all of the restrictions specified in the legislation.
The second step is to create awareness of the new policy through training programs, distribution or face-to face discussions.
It is important in this stage to have each employee sign off on the new policy indicating that they are aware of its existence. If the situation arises in the future where they were not abiding by the policy and caused an incident the company can claim that the employee was acting outside of their job responsibilities.
The final step to make this successful is to realize that this legislation has been put in place to keep people safe, and that by following the spirit and letter of the law you will be creating a safer workplace environment. This involves commitment and buy-in from all stakeholders – don’t carry on a conversation with someone you know is driving a vehicle. If your phone rings and you are driving pull over or let it go through to voicemail. Let the policy cover your liability issues, and let your actions affect your company culture.
And, as always, consult a legal professional on all issues before proceeding because in the end I’m an HR assistant and not a lawyer. I do however hope this information helps you provide value to your organization!
Tom Zabel
Distracted Driving and Vicarious Liability