Occupational Driving Hazards, Controls, and Ontario Obligations

For many Ontario workers, driving is not just how they get to work — it is the work. Motor vehicle incidents are the leading cause of occupational fatality for workers who drive as part of their job. Ontario law is clear: driving for work is an occupational activity subject to OHSA obligations.

Bullivant Health + Safety | bullivant.ca | 905-664-4943 | 158 S Service Road, Stoney Creek, ON
This resource is for general informational purposes only and does not constitute legal advice.

1. Overview

  • #1: Cause of occupational fatality in Canada for workers who drive as part of their job
  • 25%: Of all occupational fatalities in Ontario involve a motor vehicle
  • 3×: Greater risk of fatal crash for workers who drive for work versus personal driving

 

THE VEHICLE IS THE WORKPLACE

Ontario courts have confirmed that a worker's vehicle is their workplace for the purposes of OHSA when they are driving for work. Employers must ensure the vehicle is safe, the worker is fit to drive, and working conditions — including scheduling and communication expectations — do not create unreasonable risk.

2. Employer Obligations

DRIVER SCREENING & LICENSING

Verify workers assigned to drive hold a valid licence appropriate for the vehicle class. Conduct licence abstract checks at hiring and periodically thereafter.

DISTRACTED DRIVING POLICY

Establish a written policy prohibiting handheld device use while driving for work. Policy must apply to managers too. Best practice: no calls while driving.

FATIGUE MANAGEMENT

Schedule with adequate rest time. Avoid driving assignments immediately after extended shifts. Provide guidance on recognizing fatigue.

VEHICLE MAINTENANCE

Provide vehicles appropriate for the task. Maintain to manufacturer specifications. Document pre-trip inspections — just as for any other equipment.

JOURNEY MANAGEMENT

For field workers and long-distance drivers, plan routes, establish check-in intervals, and define protocols for delays or hazardous conditions.

DRIVER SAFETY TRAINING

Provide training covering defensive driving, vehicle controls, emergency procedures, and company policies before first driving assignment.

 

3. Key Hazards — Distraction & Fatigue

Distraction

A driver using a handheld device has reaction time comparable to a driver at the legal blood alcohol limit. Employers who create conditions that encourage device use while driving share legal and moral responsibility for the consequences.

HANDS-FREE IS NOT RISK-FREE

Ontario law permits hands-free devices but research is clear: cognitive distraction from a phone conversation — even hands-free — significantly impairs driving performance. Best practice is to pull over for any call requiring mental engagement.

Fatigue

  1. Recognize the signs: drifting between lanes, missing exits, heavy eyelids, difficulty remembering the last few kilometres.
  2. If fatigued, pull over safely. A microsleep lasting 4 seconds at 100 km/h covers over 110 metres with no driver input.
  3. Report to your supervisor if too fatigued to drive safely. This is exercising the right to refuse unsafe work — workers must not be penalized.
  4. Employers must not schedule workers in ways that make fatigue-impaired driving foreseeable.

4. Vehicle Standards & Incident Reporting

  • Pre-trip inspections: fleet vehicles must be inspected before each use. A simple daily checklist takes less than five minutes.
  • Seatbelts: all occupants must wear seatbelts at all times. Workers not wearing seatbelts are experiencing an OHSA violation.
  • Winter tyres: must be installed before winter conditions arrive — not after the first ice event.
  • Cargo securing: tools and materials must be secured. Unsecured cargo becomes a projectile in a sudden stop.
  • Incident reporting: all vehicle incidents — collisions, near-misses, and property damage — must be reported to the supervisor immediately.

 

GENERAL INFORMATION NOTICE

This resource is for general informational purposes only. Consult the Highway Traffic Act, OHSA, and the Ministry of Labour for requirements specific to your role and vehicle class.