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LEGAL REPORT: LABOUR & EMPLOYMENT from a corporate standpoint," says Zinn. Because there's already been litigation, American clients are more attuned to the issue, says Giesbrecht. Indeed, many major U.S. employers, such as universities and hospitals, have already instituted policies regarding employees' cellphone use while driv- ing. Zinn suspects this is a direct result of the lawsuits over the last few years. "Unfortunately, it's the way of the world — it takes a huge lawsuit and judgment for some people, some organiza- tions, to open their eyes. We're trying to be a bit seeing-forward, as to what may happen, to advise our clients as to how they can reduce their risk before they're the ones on the front page." Johan Lubbe, a partner with law firm Jackson Lewis, in White Plains, N.Y., says, over the last couple of years, the firm has seen a number of clients asking them to look at, prepare, and update such policies. There's not been a dramatic response to the law- suits but Lubbe notes his firm has seen a steady flow of clients looking at the issue and that this is one of the policies the firm has recommended employers look at, either as a freestanding policy or as part of a telecommunications procedure. Policies should have within them, as a first statement, a re- quirement to comply with all state regulations, including those pertaining to the use of cellphones, says Lubbe. At the moment, five U.S. states have banned the use of cellphones while driv- ing. With the law as the backdrop, Lubbe says employers' poli- CUTTING EDGE We Practise At the You are a corporate counsel, a lawyer who does not practice em ployment and labour law, or a member of a firm which has been conflicted out or does not have an office in Ontario. You have an important matter which requires representation you will be confident with. Kuretzky Vassos Henderson LLP is widely recognized as one of Canada's leading employment and labour law boutiques. We practise at the cutting edge assisting a wide spectrum of clients ranging from major corporate employers through to individual plaintiffs. Our practice includes employment contracts, wrongful dismissal, collective bargaining, labour board applications, arbitrations, adjudications, employment standards, health & safety, human rights and ADR. To discuss what we can do for you or your client, call Kuretzky Vassos Henderson LLP at (416) 865-0504. Kuretzky Vassos Henderson LLP Suite 1404, Yonge Richmond Centre, 151 Yonge Street, Toronto, Ontario, M5C 2W7 Telephone (416) 865-0504 Facsimile (416) 865-9567 www.kuretzkyvassos.com www.mathewsdinsdale.com cies also have to make sure that, to the extent employees use wireless devices while driving during work hours, they limit that use, don't get involved in prolonged discussions, prefer- ably pull off the road for extended conversations, and always use a hands-free device. Lubbe also recommends policies with clear provisions for not using cellphones in traffic or during inclement weather. For the moment, the U.S. tends to be ahead of Canada in liti- gation, but it's only a matter of time, says Giesbrecht. "I don't think we need to wait for big damage awards to know that this is an issue that employers should be addressing [by] educating employees and minimizing their own risks." There have already been a few low-key cases in Canada in- volving accidents and resulting in litigation, she says. "I think it is already here, and so you'd definitely, as an employer, would want to keep up on potential legislation and also case law." The use of a hand-held device's other, non-voice functions also calls for employers to look at their policies, he says. Text messaging and the like could be regulated somewhat different- ly than the device's phone capacity — a limited use policy, for example, as opposed to a total ban on use while driving. Insurers, which generally would provide the liability cover- age in such cases, should also be concerned about this issue, says Christie. emp l oyme n t o c c u pa t i o n a l h e a l t h a n d s a f e t y h uma n r i g h t s wo r k p l a c e s a f e - t y a n d i n s u r a n c e pa y e q u i t y immi g r a - t i o n emp l oyme n t o c c u pa t i o n a l h e a l t h a n d s a f e t y h uma n r i g h t s wo r k p l a c e s a f e t y a n d i n s u r a n c e pa y e q u i t y imm immi g r a t i o n emp l oyme n t o c c u pa t i o n - a l h e a l t h a n d s a f e t y h uma n r i g h t s wo r k p l a c e s a f e t y a n d i n s u r a n c e pa y First in Labour Law Since 1956 Toronto 416.862.8280 Sarnia 519.336.5447 Sault Ste.Marie 705.253.3711 Since being founded in 1956 as the Country's first labour relations and employment law firm, Mathews Dinsdale has been dedicated to helping employers manage the increasingly complex laws relating to the workplace. For over 50 years, our lawyers have played a significant role in shaping labour – management relations. Today, with offices in Toronto, Sarnia and Sault Ste. Marie, Mathews Dinsdale continues to have one of the Country's most highly regarded management labour and employment law practices. It continues to be our goal to help management manage – and succeed. 48 FEBRU AR Y 2008 www. C ANADIAN Law ye rmag.com