2. Cellular Phones In the Workplace
The use of cell phones in the workplace has been an
ongoing issue, presenting not only a nuisance but also
security issues and now potential legal ramifications.
Most new cellular phones take pictures and have memory
storage capability that essentially makes them removable
media devices that are capable of taking confidential
business information off the premises.
Many provinces have either tabled or adopted legislation
that bans the use of cellular phones while driving.
Effective policies are required to limit liability, protect the
workplace from distractions, theft, and improve employee
safety.
3. Quick Stats
•
There are approximately 23 million wireless
subscribers in Canada;
•
Approximately 72% of all Canadian households
contain at least one cell phone.
All statistics sourced from Statistics Canada
4. Cell Phones as
Distractions
•
Personal calls are especially distracting, while
text messaging takes away from an employee's
productive time.
•
The Employer policy is to govern the appropriate use of cell
phones in the workplace, requiring personal cell phones to be
turned off or silenced during working hours, unless employees
use them for business purposes.
•
Personal cell phone calls or text messaging is prohibited during
work hours and are only allowed during breaks or lunches.
•
Additionally, many cellular phones have MP3 player
capabilities, mobile internet access and video games, creating
even more potential for distractions.
5. Prevent Wage and Hour
Issues
•
Be aware of potential wage and hour issues involved
with employee cell phone use.
•
While the devices often make it easier for employees to
perform work anytime and anywhere, it may also be
more difficult for employers and employees alike to keep
track of actual hours worked, as required by legislation.
•
Employees may file overtime claims for time spent on
cell phone calls made while away from the office.
•
If the employee is not to be using the cell phone after
hours (to reduce the risk of the claims for overtime) the
policy should clearly state as much.
6. Promote Safe Driving
Practices
•
•
•
•
•
The use of cellular phones while operating
a vehicle has been proven to create serious
safety concerns as it impairs the driver’s
attention to the road, and has been made
illegal in several provinces, and many states.
Create policies to limit liability and ensure the safety of employees.
It is important to note that where an accident occurs due to cell
phone distraction, it doesn't matter if the call is being made during
regular office hours or not; what matters is that the call is work
related.
Employers may be found liable for any damages caused by an
employee acting within the scope of their employment. Additionally,
employers may be found negligent if they failed to provide an
adequate cell phone use policy, proper training, or safe equipment to
employees.
Offer “Hands Free” sets to employees who are in the car on
business.
7. Final Thoughts
As cell phone technology changes,
workplaces must react with appropriate
policies to ensure the health and safety of
their employees, as well as the protection
of the organizations confidential
information, and potential legal liabilities.
By implementing the necessary policies,
the organization gains the ability to
govern their use, increase overall worker
safety, decrease distractions, as well as a
framework that allows you to enact
disciplinary actions where necessary.
