There are no specific laws expressly addressing cellphone use in the workplace. Under OHS laws, employers have not only the right but the obligation to implement policies to ensure workers do their job safely. The problem is that cellphones in the bathroom sound more like a matter of productivity than safety.
But even if you can’t play the “it’s required by safety law” card, you probably still have plenty of room to maneuver. First question: Are your workers in a union? If not, you should be able to unilaterally revise the policy to cover bathroom usage.
If the workers are union, it may be less easy. That’s because the collective agreement may ban you from making unilateral changes to policies. But you still may be able to get around that by arguing that the collective agreement restriction doesn’t apply to the cellphone policy–especially if the policy gives you the express right to make revisions from time to time.
And even if imposing the new bathroom policy would violate the collective agreement, you can always negotiate the change with the union.
Hope that helps. Glenn
If you can’t find the necessary justification in the policy, look at your overall rights to unilaterally impose new employment policies and amend old ones.
