Distracted driving policy at work: a guide for employers and drivers
How to build a workplace driving policy that works, from dispatch rules to realistic schedules
Picture a home health aide backing out of a patient’s driveway when her phone buzzes. It’s the scheduler, asking if she can fit in one more visit. She knows she shouldn’t answer, but a coworker was scolded last month for letting calls go to voicemail.
That moment is where workplace distracted driving programs succeed or fail, because a rule on paper means little if the job rewards answering at 45 mph.
Motor vehicle crashes are the leading cause of work related deaths in the United States, says the National Institute for Occupational Safety and Health (NIOSH) [7]. This guide takes a fleet safety professional’s view. It covers policy, dispatch, schedules, supervisors, reporting, telematics and federal rules, with a sample policy outline and a manager’s checklist.
Why driving is one of the riskiest parts of many jobs
The Bureau of Labor Statistics (BLS) counts every fatal work injury each year. In 2024, transportation incidents caused 1,937 of the 5,070 work deaths, which makes them the most common fatal event [1]. Roadway crashes involving motor vehicles killed 1,146 workers. Another 369 died after being struck by vehicles [1]. By our calculation, roadway crashes alone caused more than 1 in 5 work deaths.
NIOSH reports that more than 21,000 U.S. workers died in work related crashes from 2011 to 2022. That was 35% of all work deaths. Crashes rank first or second as a cause of death in every major industry group [7].
The risk isn’t limited to truckers, since NIOSH includes workers who drive cars and pickups even when driving is a small part of the job [7]. Think of sales reps, home health staff, technicians, gig drivers and office staff running errands in their own cars.
The National Highway Traffic Safety Administration (NHTSA) reports that 3,208 people died and 315,167 were injured in distraction affected crashes in 2024 [8]. Distraction is hard to prove after a crash, so police data likely undercount it.
What crashes cost employers
In July 2026, the Network of Employers for Traffic Safety (NETS) estimated that crash injuries on and off the job cost U.S. employers $62 billion in 2023. Crashes involving distracted drivers made up $16 billion of that [9].
For each crash on the job, NETS puts the average employer cost at $55,772. That rises to $171,135 per nonfatal injury and $927,276 per death, in 2024 dollars [9].
Lawsuits can add far more. A 2015 National Safety Council (NSC) review listed settlements and verdicts against employers from $500,000 to $24.7 million [3]. In one case, an employer whose policy allowed hands free calls still faced a $21 million verdict [3]. Many such cases rest on vicarious liability, which can make an employer responsible for an employee’s carelessness on the job [3].
What a strong distracted driving policy includes
NIOSH recommends banning all phone use while driving a company vehicle, including texting, handheld calls and hands free calls [2]. It also advises banning company issued phones while driving a personal vehicle. Workers should pull over somewhere safe to call, text or look up directions [2]. NSC goes further, urging a ban on all work related phone use while driving, around the clock [3].
For the wider fleet program, safety professionals can turn to ANSI/ASSP Z15.1-2024, Safe Practices for Motor Vehicle Operations. The standard helps organizations assess fleet risk, close gaps and keep improving [10].
A usable policy answers five questions in plain terms:
- Who? Everyone who drives for work, including managers and part time staff. Decide how contractors fit.
- Which vehicles? Company, leased, rental and personal vehicles used for work.
- Which devices? Phones, tablets, smartwatches, in cab terminals and dashboard screens.
- Which activities? Calls of any kind, texts, email, apps and data entry.
- When? Any time the vehicle is moving or stopped in traffic. Parked means out of travel lanes, in park.
Skip vague phrases like “use good judgment,” since a driver shouldn’t have to decide in traffic whether a boss’s call is urgent enough.
The hands free question
Many employers hesitate here, so look at the evidence. In a 2009 federal study of 203 truck drivers, texting raised the odds of a crash, near crash or other safety critical event 23 times [4]. Dialing raised them almost 6 times, but talking on a hands free phone was not linked to higher risk [4].
Why ban hands free calls anyway? Three reasons stand out:
- Calls create tasks. Work calls lead to jotting notes or looking up addresses. In the same study, writing on a notepad raised the odds about 9 times [4].
- Your mind leaves the road. NIOSH notes that drivers on phones may look at the road yet miss up to half of what’s there [2].
- Courts may not see a difference. NSC found that allowing hands free use did not shield employers from liability [3].
A no calls rule is also easier to follow and enforce than one full of exceptions.
Sample policy outline you can adapt
This original outline is a starting point. Have counsel review your final version.
- Purpose. Keep full attention on driving to protect employees and the public.
- Scope. Everyone who drives for work, in any vehicle, with any device.
- The rule. While driving, no calls (handheld or hands free), texts, email, apps or screen use. Driving includes stops in traffic.
- Allowed. Audio directions set before you leave. Calls to 911 in an emergency, after pulling over if possible.
- Communication. Drivers use a driving mode with an auto reply. No one expects replies from a driver.
- Scheduling. Route plans include time to park and communicate.
- Reporting. Near misses and pressure to answer can be reported without retaliation.
- Data. Telematics and camera use is explained in writing.
- Training. At hire and yearly, with a signed acknowledgment.
- Consequences. A clear, step by step process applied equally to managers.
- Review. Incidents, reports and the policy are reviewed yearly.
Dispatch that waits for the driver
The Occupational Safety and Health Administration (OSHA) warns that dispatch and rerouting systems can distract drivers’ eyes, hands and minds. It urges employers to check whether their own procedures cause distraction [11].
In the 2009 federal study, using a dispatch device raised the odds of a safety critical event almost 10 times. Drivers’ eyes were off the road for 4.1 of the 6 seconds measured, on average [4]. At 55 mph, that’s about 330 feet, roughly a football field (our calculation).
Federal trucking rules don’t close this gap. Their texting definition leaves out navigation systems and judges dispatch devices by how they’re used [12]. Your policy should cover every screen.
Comparison compiled by Safety Behind the Wheel Foundation
| Pressure point | Better practice |
|---|---|
| Messages marked “confirm ASAP” | Set a reply window long enough to find a safe stop, such as 15 to 20 minutes |
| New jobs pushed to a moving vehicle | Queue updates until the vehicle is parked; use a driving lockout if your system has one |
| Calling again when a driver doesn’t pick up | Treat silence as “driving.” Wait, or reach a backup contact |
| Route changes read aloud during the drive | Send the change and let the driver review it at the next stop |
| Customers asking “where’s my driver?” | Have dispatch update customers using vehicle location, not the driver |
| A true emergency | Define one rare signal that means “pull over when safe and call back” |
Schedules that leave room to stop
OSHA advises employers to make sure workloads and schedules let employees drive at a safe speed and follow hours of service rules [11]. The same logic applies to phones: if the only way to stay on schedule is to answer while driving, the schedule is the hazard.
- Add a communication buffer. A technician with 7 jobs who needs 5 minutes after each to call and update records needs 35 minutes built in.
- Send details early. Share addresses, gate codes and customer notes before the driver leaves.
- Drop speed of reply targets. Response time goals and pay tied to instant replies push drivers toward their phones.
- Plan for delays. Build in traffic and parking time so late drivers don’t catch up by phone.
Supervisors set the real rule
Drivers watch what managers do. A supervisor who calls during a known drive time sends a stronger signal than any poster.
Teach supervisors these habits:
- Never call a driver you know is driving. Check their route or calendar first, or send a message that says “reply when parked.”
- End the call. If an employee picks up while driving, say “Call me back when you’re parked,” and hang up.
- Follow the rule yourself. Don’t join meetings from the car.
- Don’t reward “always on.” Thank people for safe delays, not instant replies.
- Train the whole chain. Dispatchers, schedulers and sales leaders shape a driver’s workload, even if they never drive.
Reporting that brings problems to light
OSHA says all crashes, regardless of severity, should be reported to a supervisor as soon as possible and reviewed for root causes [11]. Strong programs also ask for reports before anyone gets hurt.
Invite reports of near misses, calls that pushed someone to respond while driving, schedules that require phone use, and devices or apps that pull attention. Keep these reports nonpunitive. Thank the person, fix what you can and tell them what changed.
When you investigate, ask what the driver was expected to do, what the schedule allowed and how the message arrived. An early rise in reports often means trust is growing.
Telematics: coach, don't just catch
Telematics flags events like hard braking. Some cameras detect when a driver’s eyes leave the road. NIOSH suggests employers consider phone blocking technology and cameras that warn drivers about distraction [2].
How you use the data matters. A NIOSH led study put monitoring systems in 315 commercial vehicles. In cab warning lights alone did not significantly reduce risky driving. When supervisors added coaching with video of the events, the odds of risky driving events fell by about half compared with a control group [5].
OSHA adds that employers should explain how a monitoring system works [11]. Tell drivers what it records and who sees it. Review alerts in context, since a hard brake can be a smart defensive move. Coach privately and soon, and praise improvement.
Federal rules for commercial drivers
Fleets that run commercial motor vehicles (CMVs) in interstate commerce must follow Federal Motor Carrier Safety Administration (FMCSA) rules. A CMV includes a vehicle rated or weighing 10,001 pounds or more. It also covers vehicles built or used to carry 9 or more people for pay (16 or more otherwise) and vehicles hauling placarded hazardous materials [12].
Under 49 CFR 392.80 and 392.82, drivers may not text or use a handheld phone while driving a CMV. Motor carriers may not allow or require either, which puts a direct duty on employers [6]. Driving includes stops in traffic, but not pulling off the road to a spot where the vehicle can safely stay. Both are allowed when needed to reach police or emergency services [6].
Handheld use includes holding the phone for a call, pressing more than one button to dial or answer, or reaching out of a seated, belted position [12]. These federal rules still allow hands free calls, but NIOSH recommends that company policy ban them [2].
For violations of FMCSA safety rules like these, the current penalty schedule caps civil penalties at $4,812 for drivers and $19,246 per violation for carriers [13]. For commercial driver’s license (CDL) holders, a state conviction for texting or handheld use while driving a CMV counts as a serious traffic violation. Two serious violations within 3 years bring a 60 day disqualification. Three bring 120 days [14].
Tips for employees and gig drivers
Before you roll, set your route, turn on your phone’s driving mode with an auto reply and put the phone out of reach. If your boss calls while you’re driving, let it ring and call back once parked. If someone keeps pushing you to answer, report it.
App based delivery and rideshare drivers are often their own safety managers. If an offer pops up in traffic, let it pass rather than grabbing the phone.
Frequently asked questions
Can my employer require me to answer calls while driving?
Carriers may not require or allow commercial drivers to text or use handheld phones while driving [6]. For other workers, it depends on state law, though more than 30 states ban handheld use by all drivers [15]. If you feel pressured, report it.
Are hands free calls allowed for truck drivers?
Yes. FMCSA rules limit handheld phones, not hands free calls [6]. Your company can set a stricter rule. NIOSH recommends that it does [2].
Does my company’s phone policy apply in my own car?
It should whenever you drive for work. NIOSH and NSC both recommend that phone rules reach beyond company vehicles [2, 3]. Ask HR whether your policy also covers commuting.
Is my employer liable if I crash during a work call?
It can be. Under vicarious liability, an employer may be held responsible for an employee’s carelessness on the job [3]. Laws vary by state, so employers should talk with legal counsel.
Do dash cameras and telematics reduce distracted driving?
They can, especially with coaching. In a NIOSH led study, in cab alerts alone did not significantly reduce risky driving. Adding supervisor coaching with video cut the odds about in half [5].
The bottom line
Recommendation from Safety Behind the Wheel Foundation
A distracted driving policy works when the whole operation supports it. Ban phone use while driving, including hands free calls. Design dispatch and schedules so every message can wait for a safe stop. Then have supervisors model the rule daily, starting with never calling a driver who is on the road.
Related articles
- Distracted driving explained: how attention fails and how to protect it
- Hands free, voice and touchscreen distraction: how to lower your risk
- Phone setup before driving: set it once, then drive distraction free
- Distracted driving laws by state: 2026 guide to phone and texting rules
- Drowsy driving: warning signs, hidden risks and what really works
Sources and further reading
- 1U.S. Bureau of Labor Statistics. Census of Fatal Occupational Injuries Summary, 2024. USDL-26-0230. February 19, 2026. bls.gov/news.release/cfoi.nr0.htm
- 2CDC National Institute for Occupational Safety and Health. Distracted Driving at Work. Updated February 16, 2024. cdc.gov/niosh/motor-vehicle/distracted-driving
- 3National Safety Council. Employer Liability and the Case for Comprehensive Cell Phone Policies. May 2015. nsc.org (PDF)
- 4Olson RL, Hanowski RJ, Hickman JS, Bocanegra J (Virginia Tech Transportation Institute). Driver Distraction in Commercial Vehicle Operations. FMCSA-RRR-09-042. Federal Motor Carrier Safety Administration. September 2009. fmcsa.dot.gov (PDF)
- 5Bell JL, Taylor MA, Chen GX, Kirk RD, Leatherman ER. Evaluation of an in-vehicle monitoring system (IVMS) to reduce risky driving behaviors in commercial drivers. Journal of Safety Research. 2017;60:125-136. sciencedirect.com
- 6Electronic Code of Federal Regulations. 49 CFR Part 392, Subpart H: Limiting the Use of Electronic Devices (sections 392.80 and 392.82). Up to date as of October 1, 2026. ecfr.gov
- 7CDC National Institute for Occupational Safety and Health. Motor Vehicle Safety at Work. Updated May 16, 2024. cdc.gov/niosh/motor-vehicle/about
- 8National Highway Traffic Safety Administration. Distracted Driving (2024 data). Accessed October 2026. nhtsa.gov/risky-driving/distracted-driving
- 9Network of Employers for Traffic Safety; Miller TR, McKnight AS (Pacific Institute for Research and Evaluation). Costs of Motor Vehicle Crashes to Employers: Latest Available Estimates and Key Findings. July 2026. trafficsafety.org (PDF)
- 10American Society of Safety Professionals. Fleet/Motor Vehicles (Z15): ANSI/ASSP Z15.1-2024 Safe Practices for Motor Vehicle Operations. Accessed October 2026. assp.org/standards
- 11Occupational Safety and Health Administration. Motor Vehicle Safety: Employers. Accessed October 2026. osha.gov/motor-vehicle-safety/employers
- 12Electronic Code of Federal Regulations. 49 CFR 390.5, Definitions. Up to date as of September 30, 2026. ecfr.gov
- 13Electronic Code of Federal Regulations. Appendix B to 49 CFR Part 386, Penalty Schedule: Violations and Monetary Penalties. Up to date as of September 30, 2026. ecfr.gov
- 14Electronic Code of Federal Regulations. 49 CFR 383.51, Disqualification of drivers. Up to date as of September 30, 2026. ecfr.gov
- 15Governors Highway Safety Association. Distracted Driving (state laws). Updated October 2025. ghsa.org/state-laws/issues/distracted-driving
This article reflects the priorities of occupational and fleet safety. It is general education, not legal, medical or professional advice for any person or company. Laws, data and vehicle technology change, so verify details with official sources. Reviewed October 2026.
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