Visitor Question

Company safe driving policy?

Submitted By: Lexi (Medina, OH)

Our company leases a building in a corporate park. The parking lot where all of our employees park is owned by our landlord. Our employees are on the clock between 8am-noon, and 1pm to 5pm. Our employees do not drive on the clock and do not operate any company vehicles.

We have several employees that drive very fast through the parking lot during heavy traffic times outside of work hours (right before 8am, during the lunch hour and right after 5pm). Furthermore, one particular employee has been seen driving recklessly, almost causing accidents, on the road during their lunch break.

Up to this point, we have not addressed employees for fast or dangerous driving in the parking lot or on the road, since they are not using company equipment and are not on company time or property.

Yesterday, a fender bender was caused by one of these regular reckless drivers in our parking lot while everyone was leaving at 5pm. Luckily, everyone was ok, but I am concerned that someone could get severely hurt in the future.

My question is, can our company enforce any sort of safe driving policy for when employees are driving to and from work and during lunch, even though they are not using company vehicles and are not on company time or company property? Any suggestions on how this could be handled? Thank you in advance for your help.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lexi,

There may be a remedy. According to the Ohio Revised Statutes, a person may possess a traffic control device such as a stop sign, and erect the sign on private property. As a result, you may be able to purchase YIELD or STOP signs and place them in the parking lot.

Of course, to do so you will need permission from the landlord or owner of the property (if different).

By placing the stop and yield signs in the parking lot you may be able to slow down the traffic, especially those drivers who may be driving recklessly.

Ohio Revised Statutes Section 4511.18v1(B)(5) governs the purchase, possession, and placement of traffic signs on private property. It reads in part:

“(B) No individual shall buy or otherwise possess, or sell, a traffic control device, except when one of the following applies:

(5) The traffic control device has been properly purchased from a manufacturer for use on private property and the person possessing the device has a sales receipt for the device or other acknowledgment of sale issued by the manufacturer.”

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 7, 2016

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