OHS Toolbox

The Act respecting occupational health and safety (AOHS) aims to eliminate at the source dangers to the health, safety, and physical well-being of workers.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

The AOHS defines an employer as any person who retains the services of a worker under a contract of employment or apprenticeship, even without remuneration. Educational institutions are deemed to be employers of students who perform observation internships under their supervision.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Section 51.1.1 states: Any clauses in contracts or agreements that attempt to limit or transfer obligations under the Act for employers that lease or loan the services of employees or people who use them are null and void.

Training of employees hired through employment agencies is now a shared responsibility and will require close collaboration between the two employers.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Section 19 of the AOHS states: “The inspector’s decision must be substantiated and recorded in writing. It may be transmitted by any appropriate means that provides proof of delivery…”

The expression “any appropriate means” is very important for OHS case managers, since it means that the inspector’s decision could arrive by mail or email. We recommend vigilance and forwarding your emails to a member of the management team when you go on vacation!

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Telework has been added to the definition of workplace: Any place where a person is required to be present for work, including an establishment or a construction site. The provisions of the Act also apply to teleworkers and their employers.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Now that telework is included in the definition of workplace, it’s important to look closely at Section 179.1 on inspections.

It states that an inspector may not enter telework premises located in a residence without consent from the worker, unless the inspector has a court order to do so. Authorization is required from a judge, who must be convinced that the worker is exposed to danger that jeopardizes their life, health, safety, or physical or psychological well-being.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

In an effort to underscore the importance of mental health alongside physical health, numerous sections of the AOHS now refer to the “physical and psychological well-being” of workers. The expression is used in Sections 2, 9, 49, and 51.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Section 51 now includes the employer’s responsibility to “take measures to protect workers exposed to physical or psychological violence in the workplace, including domestic, family, and sexual violence.”

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Prevention programs must include:

• Identification and analysis of psychosocial risks
• Measures and priorities for action to eliminate or at least control identified risks
• Monitoring, assessment, and maintenance measures
• Identification of individual prevention tools and equipment
• Training and education programs
• Pre-employment and ongoing health exams
• A list of hazardous materials and contaminants
• Adequate first aid services

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Section 58 states that establishments with 20 or more workers must develop and implement a prevention program to ensure “worker safety and physical and psychological well-being.” Other establishments may be also impacted by the regulation.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Section 61.1 states that establishments that don’t have a prevention program must develop and implement action plans.

In a nutshell, companies with fewer than 20 workers are not required to implement prevention programs, but do need to have an action plan.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Section 68 stipulates that health and safety committees must be set up at those establishments specified in the regulations and ones with 20 or more workers over the course of the year. This number includes workers whose services are leased or loaned to the employer (i.e. by employment agencies).

Establishments required to have committees must appoint OHS representatives. They must be workers and participate in the prevention and training activities listed in the Act (Section 91).

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Action plans have three fewer components than prevention programs.

They must include:

• Identification and analysis of psychosocial risks
• Measures and priorities for action to eliminate or at least control identified risks
• Monitoring, assessment, and maintenance measures
• Identification of individual prevention tools and equipment
• Training and education programs

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Employers with fewer than 20 employees are not required to set up health and safety committees. They are, however, required to appoint liaison officers.

The liaison officer must be a worker appointed by their fellow workers (Sections 97.1 and 97.2).

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

The Act respecting industrial accidents and occupational diseases (AIAOD) is intended to provide compensation for employment injuries and the consequences they entail for beneficiaries. According to the Act, compensation for employment injuries includes provision of the necessary care for consolidation of injuries, physical, social, and vocational rehabilitation of injured workers, and payment of income replacement indemnities, compensation for bodily injury, and death benefits.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

The definition of worker applies to student interns and observers, whether they are paid or not.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Suitable employment is now defined as employment that allows injured workers to work in conditions that do not endanger their health, safety or physical and psychological well-being.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Section 31 defines “employment injury” as:

Injury or disease that “arises out of or in the course of:

1. Care received by a worker for an employment injury or the lack of such care
2. Activity prescribed to the worker as part of medical treatment for an employment injury or as part of a personal rehabilitation program”

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Any worker diagnosed with noise-induced hearing loss may file an occupational disease claim. Excessive noise has long been considered ± 85 dB. But the new legislation does not contain an exact definition. It can be under 85 dB over a longer period of time.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Certain types of cancer are recognized under the Act for higher risk occupations. Eligibility for such claims will be assessed by the new Oncology Disease Committee.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

The previous legislation made various presumptions to fast track acceptance of certain employment injuries or occupational diseases. The new Act only recognizes cancer for firefighters. However, an Oncology Disease Committee will be established to assess eligibility for cancers caused by other high-risk occupations.

In addition, the overhaul gives CNESST the ability to adopt regulations that set out eligibility criteria in cases where there is no presumption of occupational disease. Unfortunately the status and scope of such regulations are still unclear. We have prevention experts across Quebec who can provide advice and help you achieve your goals. Whether you’re working onsite or remotely, our advisors can visit your workplace and help you identify, prioritize, and develop an action plan to manage key risks.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Temporary assignment has advantages for employers and employees. As OHS experts, we strongly recommend it, but it remains the employee’s choice. The legislation also includes a new form that will be mandatory as of October 2022.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

When a worker has suffered a permanent or temporary employment injury but is still able to perform their job, an equivalent job, or a suitable job available with their employer, the Commission may stipulate a progressive return to work to help them reintegrate, if the period of absence or the worker’s situation so warrants (s. 167.2).

In such cases, the Commission will grant financial support to the employer for a maximum of 8 weeks. The support is considered a rehabilitation benefit.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

CNESST has been granted an important new power. If there is a presumption in favour of the worker, the Commission may order the employer to reinstate the worker in their former position, an equivalent position, or another position previously determined suitable by the Commission, pay the worker their wages, and provide employment benefits until the complaint has been settled (s. 256).

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

From now on, CNESST may, in collaboration with the worker and the employer, implement measures at the place of employment to help the worker reintegrate, including by developing their ability to gradually
return to their duties.

Basically, this means adding services piecemeal upon claim approval, independent of any personalized rehabilitation plan. The employer’s participation remains limited and approval from the attending physician isn’t always mandatory because the final decision is made by the CNESST officer.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.

Workers who suffer permanent physical or mental harm as a result of an employment injury are entitled to rehabilitation in the cases and under the conditions set out in the relevant section. Such workers are also entitled to other rehabilitation measures.

The new legislation lists 10 items that may be included in vocational rehabilitation programs:

• Refresher programs
• Evaluations of vocational potential
• Vocational training programs
• Assistance in finding employment
• Payment of subsidies to an employer for employment of workers who have sustained permanent physical or mental impairments
• Adaption of a workstation
• Payment of any cost incurred to explore an employment market or move near a new place of employment
• Payment of subsidies to workers
• Progressive return to work
• Other rehabilitation measures, in the cases and under the conditions set out in the regulations.

If required by the CNESST officer, such measures must be implemented with participation from the employer.

Certain types of cancer are recognized under the Act for higher risk occupations. Eligibility for such claims will be assessed by the new Oncology Disease Committee.

Last updated on: December 13, 2021.
This information is provided for reference only and does not constitute legal advice.