b'construction industry, with its myriad ofcompliant with changes to the regulations.progress in lessening the safety risk hazards, was a change that was necessary. Employees must also be trained on theencountered by workers.Highway traffic legislation in everynew rules regarding cellphones; otherwise, a lack of training would pose a safety riskFinally, constructors, employers and Canadian jurisdiction, including Ontario,and a violation of the regulations. supervisors will reduce legal exposure and prohibits the use of cellphones and similarpotential legal liability if a worker fails to devices while driving. Employers will be required to be strict andfollow the cellphonepolicy.consistent in enforcing the changes, or They are a distraction and seriousrisk penalties, fines or prosecution fromIf you have any questions regarding impairment to safe driving ortheMinistry. coroners inquests, Ministry orders, legal motorvehicles. No matter the direction the Ministryenforcement proceedings or cellphone Similarly, in construction projects, thetakes with respect to the timely jurypolicies, contact Norm Keith at 416-476-parties with statutory duties includingrecommendations on updating the cellular2002ornkeith@kpmg.ca.constructors, employers, supervisors anddevices and the regulation, employers may even workers are all responsible to addresswish to treat them as a best practice forKeith is a law partner and leading the dangerous distraction that cellphonestheir work in the construction industry. Canadian employment and safety pose to worker safety. lawyer, and Eren Erinc is an associate The goal of all workplace employersmanagement-side employment and labour The proposed amendments to themust include the health and safety oflawyer, both with KPMG Law LLP and construction regulations may havetheirworkers.considerable impact on employers in thework out of the Toronto office.construction industry. Therefore, if employers take steps now to either prohibit or at least controlThis legal update was originally At a practical level, policies would need toand restrict the use of cellphones at apublished in Daily Commercial News by be reviewed and updated to ensure they areconstruction site, they will make significantConstructConnect. ACCESS CANADA SPRING/SUMMER2023 15'