Who regulates it
Most workshops, tow operators and roadside services are provincially regulated, so your provincial OHS regulator and employment standards branch apply, with Ontario used here as the example. Tow carriers operating across provincial borders fall under the federal hours-of-service regulations. Provinces and some municipalities license tow operators and drivers. Human rights bodies and compensation boards apply everywhere.
Your obligations
Take every precaution reasonable in the circumstances, including against fatigue from night call-outs and on-call work, and give workers the information, instruction and training they need. Federally, a tow driver may not drive after 13 hours' driving or 14 hours on duty in a day, needs 8 consecutive hours off before driving and 10 hours off each day, and must keep records. In Ontario, give 11 hours' daily rest and 24 hours' weekly rest, subject to the exceptions. Accommodate a diagnosed sleep disorder to the point of undue hardship.
Consequences
Ontario inspectors can issue orders, stop work and prosecute, and courts must weigh aggravating factors, so a fatigue hazard you knew about and left unmanaged makes the outcome worse. Hours-of-service breaches can take a driver out of service at the roadside and count against your carrier safety record. Failing to accommodate a diagnosed sleep disorder runs on a separate track before a human rights tribunal. Claims also move your workers' compensation premiums.
Penalties
Ontario's Occupational Health and Safety Act, 2026 figures: up to $2,000,000 for a corporation, $1,500,000 for a director or officer and $500,000 for any other individual, each with up to 12 months' jail. Under the Canada Labor Code: to $1,000,000 on indictment and 2 years' imprisonment, plus administrative penalties to $250,000 per violation.
On the record
No Canadian court, coroner, investigator or regulator has published a finding linking fatigue to an incident in tow, roadside or workshop work. Hours-of-service rules count a tow driver's time at the wheel, but not the sleep lost to a night of call-outs.
Sources: Ontario Occupational Health and Safety Act; Ontario Employment Standards Act, 2000; Canada Labour Code; Commercial Vehicle Drivers Hours of Service Regulations (SOR/2005-313); Ontario Human Rights Code; Workplace Safety and Insurance Act.