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Unless clear steps are taken to warn and train employees to comply with new Ontario law.
Ottawa (6 July 2010) - Ontario employers could be on the hook for lawsuits filed by victims of distracted drivers unless they take clear precautions to protect themselves.
While employers cannot be held responsible for a $500 fine that came into effect in Ontario last October for drivers who use hand-held devices such as cellphones, iPhones, iPods and Blackberrys, they could be liable in civil suits for accidents involving employees that occur on company time.
Lawyers and human resources organizations have been warning employers about the potential hazard for months, the Ottawa Citizen reports. It says employers face two kinds of potential liability – direct and vicarious.
If an employer provides an employee with a phone or device that does not have hands-free capability, the employer could be found directly liable, says a labour and employment lawyer consulted by the newspaper.
The employer could also be found vicariously liable – a more likely situation – if the employee was merely on a cellphone for work purposes during work time, the Citizen adds.
The newspaper compares the situation to a trucking company's liability if one of their drivers falls asleep at the wheel. It adds, however, that employers can protect themselves by taking basic precautions.
"That includes explicitly telling employees about a company policy that is in line with the new law, combined with training to ensure people are aware of the policy and understand it," it says.
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