Distracted Driving Awareness

In most Canadian provinces, hands-free calling is permitted while driving, but Quebec is a notable exception - the Highway Safety Code (s. 443.1–443.2) restricts hands-free use unless the device is fully integrated into the vehicle audio system and operated with a single touch. Even where it is legal, research from the University of Utah shows that hands-free conversations increase reaction time by up to 50% and cause inattention blindness that persists for up to 27 seconds after a call ends - impairment comparable to a blood alcohol concentration of 0.08%. A worker who causes a collision while on a hands-free call may be legally compliant under traffic law but still face civil liability, an OHS investigation, and workers' compensation implications if the employer's driving policy is stricter than the provincial standard.

Under Canadian OHS legislation - including the Ontario OHSA, BC Workers Compensation Act, Alberta OHS Act, and federal Canada Labour Code - driving is classified as a workplace activity, which means employers have a legal duty to protect workers from foreseeable distracted driving hazards. At minimum, employers are expected to maintain a written distracted driving policy prohibiting handheld device use for work trips, provide training so workers understand the policy and its consequences, and avoid calling workers on the road in ways that implicitly pressure them to answer while driving. Canadian provincial courts have held employers vicariously liable for distracted driving collisions involving workers on work phone calls - even when using a personal vehicle and a personal device.

Fines range from $172.50 in New Brunswick to up to $3,000 for a third offence in Ontario under the Highway Traffic Act s. 78.1, with demerit points from 3 to 5 depending on the province - Manitoba carries 5 demerit points, among the highest in Canada. Beyond the fine, a conviction triggers insurance surcharges: premiums typically rise 15–30% after a first conviction, and multiple convictions can place a driver in high-risk insurance pools with premiums three to five times the standard rate. For professional drivers, a conviction may also result in removal from driving duties under employer fleet policy and can affect workers' compensation entitlements if the distracted driving violated a workplace safety policy.

The only safe response is to not answer while moving - there is no safe way to take a call while the vehicle is in motion. The worker should find the first safe opportunity to pull completely off the road (not a shoulder if avoidable), bring the vehicle to a full stop with the parking brake engaged, and then return the call. Before driving, workers should set Do Not Disturb While Driving mode on iOS or Android, which silences incoming notifications and sends automated replies, and stow the phone out of reach. Enabling these features is increasingly required under employer fleet safety programs as part of OHS due diligence.

Seventeen hours of continuous wakefulness produces driving impairment equivalent to a blood alcohol concentration of 0.05%, and 24 hours of wakefulness is equivalent to 0.10% - above the 0.08% criminal threshold. Driver fatigue contributes to approximately 20% of fatal vehicle collisions in Canada. For interprovincial commercial drivers, Transport Canada's Commercial Vehicle Drivers Hours of Service Regulations (SOR/2005-313) set a maximum of 13 driving hours per day, a mandatory 10 consecutive hours off duty before the next shift, and a maximum of 70 on-duty hours in any 7-day period, with electronic logging devices required for most carriers. Employers with workers who drive as part of their duties have OHS obligations to address fatigue risk in shift scheduling, and should treat post-incident fatigue review as a standard part of every collision and near-miss investigation.