FEATURE
use of wireless communica- tion at work and the thought- provoking statistics surround- ing this increase. "To the extent that [prov-
inces] are recognizing it, I think employers need to be out in the forefront of this to put these policies in place and to get their employees some guidance as to what the expec- tations are from a corporate standpoint," says Russel Zinn, senior partner in Ogilvy Re- nault LLP's employment and labour law practice in Ottawa. Results of a study published last year by a group of research-
ers at the University of Utah found that people who drive and talk on the phone are as impaired as those who drive with a blood-alcohol level of 0.08 per cent. The study also noted that hands-free sets are as distracting as hand-held cellphones, as it is the conversation that distracts the driver. Edmonton-based Finning (Canada) — which sells, rents, and
"Because this is such a problem, we felt it was something that we could do something about and be a bit of a leader in our industry."
Steve Mandziuk, general counsel, Finning (Canada)
provides customer-sup- port services for Caterpil- lar equipment and engines in British Columbia, Al- berta, and the Territories — reviewed similar studies before deciding to insti- tute a policy banning all of its employees from using wireless devices while op- erating a vehicle on com- pany business. The policy has now been in place for just over a year. "The driving force be-
hind it is safety. We have as a core value of our company the commitment to create and maintain a safe work environment for everybody that we deal with — employees, contractors, cus- tomers and so on," says Steve Mandziuk, general counsel for Finning (Canada). While there reportedly haven't been any Canadian cases re-
garding an employer's liability for employees who end up in a car accident while talking on a cellphone for work, there have been
18 APRIL 2008 C ANADIAN Lawyer INHOUSE
