POLICY
Personal Communication Devices & Portable Audio Equipment


Policy No.:P-CS-16-009Approved on:September 19, 2016
By-Law No.:4897-16Effective on:September 20, 2016
Supersedes:


Report To:Corporate Services Advisory Committee


PURPOSE

The purpose of this policy is to ensure the safety of employees while operating small equipment while working for the Town.


POLICY STATEMENT

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The Town of Niagara-on-the-Lake places great emphasis on the safety of all employees. The use of Personal Communication Devices and Portable Audio Equipment poses a hazard to both the employee and to the public. An employees’ inability to respond promptly in emergency situations, be distracted and not respond to enquiries from the general public, or be unaware of any danger due to lack of hearing, is not acceptable. This policy applies to all Town employees; particularly those employees who work outside and with equipment and tools including the driving of Town vehicles and heavy equipment.

Communication Devices & Portable Audio Equipment - include but are not limited to cell phones, tablets and other portable communication devices, IPods and MP3 Players.

PROCEDURE

1.0 Operating Equipment , Tools and Driving on Town Business
        · Employees who operate any kind of equipment, tools or drive a Town vehicle on Town business are not permitted to wear or use any kind of communication device or personal portable audio equipment at any time during working hours.
        · Employees who work outside with or without equipment and tools that are exposed to external dangers due to the inability to hear are not permitted to wear or use any kind of communication device or personal portable audio equipment at any time during working hours.
        · Employees attending a counter or answering telephone enquiries are not permitted to use or wear any kind of communication device or personal portable audio equipment while working.
        · Use of personal communication devices must be limited to break times only.
        · Use of personal portable audio equipment during breaks must be limited to mono reception (i.e. one-ear piece) only.

2.0 Exclusions
The following items are excluded in regards to this policy:
        · Communication devices, including portable two-way radios, issued by the Town and used for work purposes
        · Earpieces for hands-free cell phones and communication devices
        · Hearing Aids
        · Hearing Protection

NB: It is still expected that employees using any of the above excluded items for work purposes will do so in a safe manner and within all regulatory requirements.

3.0 Use of Cell Phones & Other Hand Held Communication Devices while driving

Employees who need to check in to the office or conduct Town business while on the road are reminded of Ontario law; specifically the ‘Countering Distracted Driving & Promoting Green Transportation Act, 2009,’ or Bill 118. This bill bans the use of cell phones and other communication devices while driving unless they are considered to be hands-free.

It is imperative that all employees comply with this legislation. If employees do not have hands free technology, they are expected to ensure that they are pulling over to take necessary phone calls and messages and properly manage their communications so as not to breach the requirement of this law. Under Bill 118, it should be noted that a driver may be found guilty under the Highway Traffic Act and possibly the Criminal Code. In all cases an employee would be fully responsible and the Town will not accept liability of any kind.