Written by: Dorinda So, Executive Director
Disclaimer: This blog post does not constitute legal advice and all employers should consult and obtain legal advice independently.
We understand that there are many questions when setting up a carpool program, whether your workplace is using technology, programming or both. We typically use a mix of both to ensure that we capture the preferences and needs of all employees, but setting up a program can yield a lot of questions about risks and contingencies. Find below the answers to our most common questions.
Question: How do you limit corporate liability for a carpool program?
Generally, commuting to/from work from home is not considered travel time for work under provincial legislation, even with a workplace carpool program. However, to ensure that companies are not liable for any accidents or issues that may arise, we recommend the following:
- The program should be voluntary – That is, carpool drivers and passengers must opt into the program and can exit the program at any time.
- All participants should sign waivers that outline their responsibilities, expectations, and that do not hold the workplace liable for anything that may arise.
- Drivers prove (or at least attest) that they have a full, valid provincial licence and valid and active insurance with at least $2 million in third-party liability coverage.
- Carpool groups can be posted on the SmartCommute.ca app, which will help the organization track who is carpooling with whom.
Question: How do we minimize conflicts between employees when carpooling?
While it’s impossible to ensure that there be no interpersonal conflict, we always recommend encouraging employees to meet in person and get to know each other. pointA also provides questions and a guide to help employees determine how they want to carpool and any expectations and rules. Doing so at the early stage will help to reduce any misunderstandings and to ensure that there is clarity before carpooling begins.
Question: What happens if there is an accident?
There should always be protocols in place for notifying employers in the event of any issues (e.g., employees should contact their managers) but any accidents should go through the standard process and any expenses should be paid for by the driver’s insurance.
If there are other safety concerns, users of the SmartCommute.ca app can put comments and reviews of both drivers and passengers.
Question: Any rules on who should be riding together?
It’s totally dependent on the organization. Some organizations we work with recommend that those of the same gender carpool together, while others may have a separate carpool program for students vs faculty and staff for post-secondary institutions or where there are significant power dynamics at play.
It should be noted that the SmartCommute.ca is designed for adults and cannot be used by children under the age of 18.
Question: How long does it take to see a full uptake of the program?
We find that the more a workplace promotes and incentivizes the program, the higher the uptake. That’s why having more incentives, ranging from outreaches and events where pointA can promote the program, gift cards and rewards for uptake, or subsidies such as cash-in-lieu of parking can all contribute to increasing uptake. Carpool parking spots and other supports are also great ways to provide visual and practical ways to increase carpooling.
Question: How do we actually track people who are carpooling together?
Many organizations will use this data to report on their ESG goal attainment or to provide subsidies to reward participation in the carpool program. The SmartCommute.ca allows employees to log their trips and can live track the trips. (Note: The exact route may not be stored in the app’s history but the trip will be logged.) pointA can help facilitate this as there are many ways to ensure that the trips are taken.
Question: How do we support employees when a carpool driver leaves for any reason?
The Smart Commute program offers the knowledge, support and resources to help employees find their way home using other sustainable modes. The SmartCommute.ca app also offers trip planning options, including finding other carpool partners if the dynamic ridematching feature is available at the workplace.
If there are any emergencies and the employee took a sustainable mode to get to/from work, Smart Commute and Best Workplaces for Commuters workplaces can take advantage of the Emergency Ride Home feature which covers up to $75 for a rideshare trip home.
One of the major advantages of having an organization like pointA support you in the development and deployment of a carpool program is that we can help ensure that your questions and risks are taken into account. A carpool program is one of the main features of the Smart Commute program and puts your organization one step closer to securing the Best Workplace for Commuters designation.
