1. Policy Statement

2. Purpose and Scope

3. Principles

4. Dash Cam Footage

5. Employees

6. Non-Employees

7. Complaints

8. Monitoring and Review

9. Acknowledgement

 

This policy sets out the position of Wings Freightway 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 Offenses, Defense of Legal Claims, and most importantly, Driver Training. It is not Wings Freightway’s intended purpose to use dash cams for monitoring the work of employees or finding out whether or not they are complying with the organization’s policies and procedures.

 

The following principles apply:

a. Dash Cams will be installed when appropriate in company vehicles, (i.e. pickups, trucks & tractors).

b. Dash Cams are set up in a way that ensures that there is minimal intrusion of privacy, and that any intrusion is fully justified.

c. No images and information will be stored except where a relevant incident (event) has occurred. Dash Cams recordings can be reviewed up to 200 hours of continuous recording of an event, if deemed necessary to determine fault in the case of a complaint, citation or incident that did not get saved as an Event. This is an outside view only.

d. Access to retained images and information will be restricted, with clearly defined rules to Designated Responsible Persons (DRPs) who can gain access.

e. The Dash Cam is not normally active and the driver cannot be remotely viewed in real time. However, there is a Live view feature on each camera. It is an outside viewing feature only. This feature will only be used and activated at the request of the driver.

f. The Dash Cam cannot be accessed covertly to monitor the quality and amount of work completed by employees or just to see what the driver is doing at that time. However, where an incident is captured that reveals inappropriate conduct that cannot in good conscience be ignored, Wings Freightway reserves the right to process in the business interests. This may include grievance, or disciplinary proceedings, defense or litigation of a legal claim, and driver training. When relevant to do so, Dash Cam footage may be retained and used for future Health & Safety training, including the improvement in Safety Quality and Training of drivers. We shall seek the employee’s consent, if we wish to use if for this purpose.

g. Recorded images and information will be subject to 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 Designated Responsible Person, recorded footage can be reviewed (not deleted or amended) by:

1. Safety Compliance Manager

2. Directors

3. Management

4. Driver Trainers

5. Statutory bodies such as Police, HSE, etc.

 

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, within one month of making a written Subject Access Request. 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 Safety Department, email; gosafe@i-waytrans.com.

 

As stated, the primary uses of Dash Cams are to assist in the Protection and Safety of Persons and Property, Prevention or Detection of Criminal Offenses, Defense of Legal Claims and Driver Training. However, when Dash Cams are deployed, they are likely to capture pictures of employees and workers.

 

In accordance with the principle at 3(f) above, 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. In such cases the footage must be requested by the Human Resources Manager. 

Where footage is used in disciplinary proceedings, it will be retained for a further period of up to five years. The employee will be permitted to see and respond to the images, in addition to the employee’s right to request a copy, which will be provided within one month. 

 

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. 

 

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 our legal representatives with the intention of providing evidence before the courts. 

 

Complaints about the operation of the Dash Cam system should be addressed initially to the Safety Department, email; gosafe@i-waytrans.com 

 

This policy will be regularly reviewed, or sooner if there is a policy need or legislative change. This policy does form part of employees’ terms and conditions of employment and may be subject to change at the discretion of Wings Freightway.

 

Disciplinary action up to and including termination of employment will be taken against any employee who is involved in any of the following actions. 

1. Destroying, dismantling or unplugging the camera(device).

2. Deliberately blocking the view of the camera inside the cab or outside the cab of the vehicle. This will include clothing items, tape, sun visor, etc.

3. Exhibits unsafe behavior that endangers the lives of other workers and the traveling public.