Publications: Legal Matters – More Observation Cameras A Viable Option

Question –

I’ve come to agree to put more surveillance cameras in our facility, and want to make sure I’m on the right side of the law. Any advice?

Answer –

Employers who believe that illegal activities (such as theft, drug sales/use, or tampering with company equipment) or legal but unwanted activities (such as sleeping or smoking on the job, rough-housing or gambling) are occurring in the workplace often fail to take control of the situation for fear they are “invading employees’ privacy.” With proper preparation, that should not be the case. Moreover, monitoring work-place activities can actually serve to protect employees in several respects.

One easy step in monitoring employee activities is to install surveillance cameras. This can protect employees from unauthorized entry into the workplace or persons loitering in the parking lot. It is advisable to alert employees by memo or in a handbook regarding the installation of surveillance cameras, although it is not necessary to tell employees where the cameras are located.

Appropriate locations for security cameras include at entrances to the facilities, on the floor, wherever financial transactions take place, and in storerooms or other places where drugs, merchandise, equipment and inventory are kept. Surveillance cameras should not be placed in washrooms or changing areas where employees have a higher expectation of privacy.

In situations where illegal conduct or misconduct is believed to be occurring in washrooms or changing areas, visual monitoring of suspicious activities followed by entry by supervisors, managers or other management to see what’s going on should suffice.

Reproduced with permission from McKnight's Long-Term Care News

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