Strathmore Shuttle shudders at first aid liability prospects

By Sharon McLeay Times Contributor

Strathmore Shuttle owner Brenda Jan said she may be facing driver shortages if the new taxi bylaw forces her employees to have first aid certifications.
She said insurance companies have indicated they won’t cover liabilities for drivers if the measure goes through. They have told her the drivers are not to help passengers.
The question of liability was also an issue in the past, when one company offered to provide a van to ease Handi-Bus in off hours. Jan did not reveal her insurance company or others she consulted.
“I hate to see them have to get it,” said Jan. “If something ever happens … the way things are going in the world, with everybody looking for money … if they touch them in the wrong way, they could be charged with sexual assault, or if they do the wrong thing they could be charged for hurting or killing them.”
Jan said the drivers are currently helping when necessary, but are taking personal responsibility for care they offer. She realizes seniors and physically challenged persons need help getting in and out of cabs. She said it really has been a concern for her.
Other drivers in town are split on the issue, saying they wouldn’t mind taking the course if the company paid for it.
Often people without ambulance coverage will call taxi services for transport to medical care. Jan said drivers can call for an ambulance if needed, but her drivers cannot offer assistance. Other companies have times where they have taken people to hospital, and drivers say they would feel more confident if they had the course.
Jan said once it becomes a requirement, it would open up a legal nightmare.
“I think you are bringing really legitimate concerns and questions, and certainly one I hadn’t considered when we brought the bylaw forward,” said Town of Strathmore councillor Denise Peterson.
Administration said the policy review committee was concerned about the safety of citizens using taxis in town.
Councillor Bob Sobol pointed out there are provincial protections for persons offering first aid and he suggested it is a good idea for anyone to have those skills, let alone those working with the public. He said the province allows the town to set safety concerns within the municipality.
“To have a rudimentary knowledge of first aid when you have a responsibility for the public seems common sense to me,” said Sobol.
He recommended that all the taxis carry first aid kits as well.
“I see this as being very progressive and commend council for doing this,” said councillor Lorraine Bauer, who added that a similar measure of having portable defibrillators in the arena has saved some people’s lives.
Chapter E7 of the Alberta Emergency Medical Act provides protection from prosecution against damages, injuries or death for physicians, registered health discipline member, registered nurse or other persons alleged to have been caused by an act, or omission, on his or her part in rendering the medical services or first aid assistance, unless it is established that the injuries or death were caused by gross negligence on his or her part. Gross negligence is defined as the lack of slight diligence, care, or a conscious, voluntary act or omission in reckless disregard of a legal duty causing consequences to another party.
Section 27 of provincial regulations requires taxi companies to maintain at least $1 million of passenger hazard insurance and $600 to $32,000 insurance for transportation of goods.
But given protection covers prosecution, does it cover the driver and company being sued? The Office of the Superintendent of Insurance regulates and creates policy for the insurance market in Alberta. Their statement was not available at press time.
Alberta Transportation has stated safety is the rule of thumb.
“Our primary goal is to ensure all of Alberta’s road users – drivers, passengers, pedestrians and cyclists – are safe,” said Brian Mason, Minister of Transportation.
To that end, they have legislated insurance for Uber and online car services. The companies file an SPF9 form which covers their drivers from pickup to drop-off, but only if they get the referral from the company. Street pickups are not covered. The insurance has limitations and drivers are still required to pay for their own vehicle insurance and have a personal insurance pink slip.
Sobol asked administration to bring back more information to the Jan. 17 meeting including comparisons on what other communities are doing, so a solution to Jan’s dilemma can be discussed.
“I want you to know you have been listened to and we will do our best to look at this issue,” said Mayor Pat Fule.