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A similar study, carried out at the Uni- versity of Utah and published last year, found that people who drive and talk on the phone are as impaired as those with a blood-alcohol level of 0.08 per cent. The study also noted hands-free sets are as distracting as hand-held cellphones, as the conversation distracts the driver. This finding, says Zinn, could be an interesting aspect of litigation, as many employers think that if a hands-free phone is in the car, there is no problem. "That, on the basis of this study, as- suming this holds true, is not going to exempt the employer from any liability whatsoever," he says. "Based on the re- search that's coming out, there will be a claim advanced against the employer in cases where there have been serious injuries that require many millions of dollars of compensation to support the injured person for the rest of his or her life, so it's a real concern — employers need to be aware of this." What clients need is a policy that sets out the limitations on cellphone use, says Zinn. A cautious-use policy, such as requiring the use of hands-free sets and asking employees to keep calls short or pull over to the side of the road, shows the employer is aware of the risk and should reduce its exposure, potential liability, and the likelihood of an accident. It won't, however, absolve the employer of liability if the employee is on a business call. Giesbrecht says her group has given opinions to clients and created policies to help educate them about potential li- ability and how to implement policies that will limit these types of incidents. Christie says there isn't much con- cern for this issue being expressed by clients, but that doesn't mean the firm isn't thinking about it. So far, he says, he has not seen many employers in Canada starting to institute policies on cellphone use while driving. The Alberta-based Coalition for Cell Phone Free Driving, formed in 2005, lists several companies in that province as "members," which have instituted policies that ban the use of hand-held or hands- free cellphones by employees while driv- ing on company time. Some of these com- panies include Husky Energy, Finning Canada, and the Calgary Health Region. Provinces are also starting to become aware of the issue, says Zinn, as Quebec recently tabled legislation that, if passed, would make it an offence to drive while speaking on a hand-held cellphone. So far, however, Newfoundland is the only province to institute a full ban on us- ing cellphones while driving. That ban became law in 2003. In Ontario, a 2006 private members bill prohibiting the use of cellphones while driving never passed. "To the extent that [provinces] are recog- nizing 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 expectations are, Intellectual Property discreet and professional investigations Surveillance discreet videotaping detailed reporting Investigations interviews - enquiries statements 10 Offices Located in Ontario A Partner in Investigations Canada www.king-reed.com Southwestern Ontario: (800) 253-1666 Central Toronto: (877) 695-6575 Eastern Ontario: (800) 670-0407 www. C ANADIAN Law ye rmag.com FEBRU AR Y 2008 47