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You are here: Home / Canada Workers Comp / Cell Phone Use Discipline When Workplace Safety Issue in Canada

Cell Phone Use Discipline When Workplace Safety Issue in Canada

April 22, 2010 By //  by Director Leave a Comment

Here in the states authorities are cracking down on cell phone use while driving for the general public. In Canada cell phone use is being looked at from the viewpoint of a workplace safety issue for those who drive for an employer.

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The company that operates Vancouver’s transit buses says it is reviewing – and may modify – disciplinary action related to recent cases of drivers punished for illegally using hand-held cell phones while operating their buses.
Derek Zabel, media relations manager for Surrey, British Columbia-based Coast Mountain Bus Company (CMBC), says it has investigated or is in the process of investigating 17 drivers allegedly caught using the cell phones while driving, contrary to the province’s hand-held device ban effective January 2010. (A one-month grace period followed.)
While the provincial law is fairly new, CMBC’s own policies prohibited the use of hand-held cell phones while driving since at least 2000, according to Zabel.
The union representing the scrutinized drivers disputes some of the company’s information. Two of the cases involve drivers communicating via hands-free cell phones, according to Jim Houlahan, vice-president of Canadian Auto Workers Local 111.
Zabel confirmed that some workers were temporarily suspended, but he would not say how many because it is a human resources matter. Houlahan notes about 10 of the drivers served unpaid suspensions lasting between three and five days.

The union doesn’t take issue with some sort of discipline being handed to drivers who use hand-held devices. “There’s no excuse for it,” said Houlahan, emphasizing that a “very small percentage” of CMBC’s 3,600 drivers were “slow to get with the program.” But the punishment must be reasonable, he argues. “The purpose of discipline isn’t to hit someone over the head with a two-by-four, but to correct the aberrant behavior.”

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Under BC law, the fine for driving and using a hand-held is $167. A five-day unpaid suspension costs a bus driver more than five times that amount, Houlahan claims, arguing it is simply too much. (workersxzcompxzkit)
Though there are no guarantees, Zabel says it is possible some of the disciplinary measures could be reversed when the company reviews the cases through its internal labor relations process. He adds the transit company will sit down with the union to address any concerns about company protocols.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers’ comp issues.

© 2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ ReduceYourWorkersComp.com.

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Filed Under: Canada Workers Comp Tagged With: Canada Workers Compensation

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