This policy sets out the position of Riverside Contracting, Inc. on the use of on-board incident capture devices (Dash Cams) in vehicles and its effect on employees.
The primary uses of Dash Cams are to assist in the protection and safety of persons and property, prevention or detection of criminal offences, defense of legal claims, and most importantly, driver training. It is not Riverside’s intended purpose to use Dash Cams for monitoring the work of employees.
PRINCIPLES.
The following principles apply:
EMPLOYEES
When Dash Cams are deployed, they are likely to capture pictures of employees and potentially citizens/non-employees. Dash Cam evidence may be used as part of an employee investigation where, in the reasonable belief of management, that there may have been misconduct, or a breach of Health and Safety. Where footage is used in disciplinary proceedings, it may be retained for a further period of up to five years. The employee may be permitted to see and respond to the images, in addition to the employee’s right to request a copy, in which a written request should be provided within one month of the date of the incident.
Under appropriate circumstances the footage may be provided to Police (or other Competent
Authority) with the intention to prosecute for criminal offences. In defense of legal claims, or in
pursuance of civil recovery, footage may also be provided to our legal representatives with the
intention of providing evidence before the courts.
NON-EMPLOYEES
Where an incident involves a third party, the relevant insurers will be informed of the details.
Although the third party may be made aware that there is recorded evidence in the form of Dash Cam footage, a copy of the recorded material can only be obtained if requested by the subject themselves. Third Parties should also be aware that under appropriate circumstances the footage may be provided to Police (or other Competent Authority) with the intention to prosecute for criminal offences. In defense of legal claims, or in pursuance of civil recovery, footage may also be provided to Riverside Contracting’s legal representatives with the intention of providing evidence before the courts.
VIOLATIONS
Below is a list of commonly triggered events recorded by the dash cameras installed in company vehicles. Not all triggered events result in a violation, the event(s) will be reviewed.
Falling Asleep |
Failed to Keep an Out |
Near Collision |
Cell Phone Hands Free – Distraction |
Too Fast For Conditions |
Other Communication Device – Distraction |
Unsafe Lane Change |
Electronic Device – Distraction |
Failed To Stop |
Passenger Distraction |
Ran Red Light |
Other Distraction |
Posted Speed Violation |
Incomplete Stop |
Drowsy |
Not on Designated Roadway |
Aggressive |
Not Scanning Roadway |
ER (Electronic Recorder) Obstruction |
Lack of Intersection Awareness |
Other Violation |
Improper/Inadequate Mirror Use |
Late Response |
Driver Conduce Concern |
Blank Stare (Fatigue) |
No Seat Belt |
Driver Smoking |
Passenger Unbelted |
1 Point Violations |
Following Distance: <1 sec to <4 sec |
Near Collision (No violation) |
Handheld Device (CB Radio) (No violation) |
Possible Collision (Possible no violation) |
Cell Phone Hands Free (Observation no violation) |
Collision |
Camera Issue |
Positive Recognition (No violation) |
|
DISCIPLINARY ACTION
Drivers may receive disciplinary action of varying degrees based off they type of violation, the severity of the violation, and their accumulation of violation(s), as described below:
1 violation – The driver may receive a written warning with an explanation of all current violations.
2 violations – The driver may receive another written warning with an explanation of all current violations. The driver may also receive a written disciplinary plan for any further actions taken to correct the driving behavior.
3 violations – The driver may receive an intervention for additional training and/or may result in additional disciplinary action.
Please note that regardless of the typical 3 strike system shown above, any violation for any reason may result in disciplinary action up to and including termination. Riverside Contracting reserves the right to make disciplinary decisions including termination on a case-by-case basis, regardless of the number of violations an employee has received.
Disciplinary action up to and including termination of employment may be taken against any employee who is involved in any of the following actions.
Disciplinary action and write up’s may negatively affect the annual safety bonus of the qualifying employee (if any). See the Bonuses section in the Employee Handbook or ask the office for more details.
ACCESS TO DASH CAM RECORDINGS
Access to retained images and information will be kept confidential within the agents of Riverside Contracting with appropriate security measures to safeguard against unauthorized access and use. Access is approved on an incident-by-incident basis. Once access is approved by the authorized agent of the company, recorded footage can be reviewed (not deleted or amended) by:
Any other person with interest must obtain authority from the Safety Compliance Manager to view recorded footage, providing reasons and justification. Any persons whose images are recorded have a right to view those images, and to be provided with a copy of those images upon request within one month of the event. Availability of images will be subject to the retention period. Employees making such a request should do so in writing, providing the relevant time and date of the image, so that they may be easily identifiable. The request should be made to mgallagher@riversidecontracting.com.
The Safety Compliance Manager may automatically send the images or information to the employee for review without a written request being needed. In that event, the information will be sent to the employee’s email on file with the office. It is the employee’s responsibility to keep the office and their employee file up to date with correct contact information.
COMPLAINTS
Complaints about the operation of the Dash Cam system should be addressed to
Michael Gallagher, Safety Compliance Manager, Riverside Contracting, Inc.
MONITORING AND REVIEW
This policy will be regularly reviewed for potential edits or legislative change. This policy forms part of employees’ terms and conditions of employment and may be subject to change at the discretion of Riverside Contracting, Inc.