OHS Toolbox

A HSC is an organized group, comprised of employer and worker representatives, who work together to improve, in a realistic and ongoing manner, the prevention component of the workplace health and safety program and to update the prevention plan.

The Occupational Health and Safety Act makes the establishment of a Health and Safety Committee (HSC) mandatory in companies in certain business sectors that have more than 20 workers. Some so-called priority sectors must have an HSC. Certain sectors have not yet been deemed priority sectors and are not required to put an HSC in place.

In addition to the Health and Safety Committee meetings, safety meetings with the workers are a great activity to facilitate information exchanges between both parties. The workers can hence express what they are experiencing from the perspective of their work and the employer gathers important information regarding the risks identified and safe work methods.

Safety meetings also give the employer an opportunity to raise awareness among their workers and demonstrate their involvement and that of the managers in health and safety. This must be a joint committee, taking into account the different terms provided for by law. (Articles 68 to 86, LSST).

A prevention program is a safety action plan unique to each facility or site. It’s the main tool in prevention management set out by the OHSA. It intends to eliminate, or control, workplace hazards and includes concrete measures to achieve that. The prevention program should be realistic and reasonable; it should be tailored to your needs and incorporated into your current management. As a prevention approach, employers must rely on risk management in the workplace. To do this, three steps are important, in the following order: identification, correction and control of risks.

Making workplace inspections a consistent activity is essential within every company that wants to prevent workplace accidents and occupational illnesses. In addition to the observation round, which should be performed before each Health and Safety Committee meeting, we recommend performing a more thorough audit of the entire facility four times a year to check the operating status of all equipment present.

A preventive maintenance program is a program specifically designed for a facility. Its goal is to keep the equipment and apparatus in good condition, to prevent breakdowns and reduce the risk of accidents due to poor functioning. Periodic preventive maintenance is done on equipment to make it reliable, detect premature wear and tear and to minimize unforeseen breakdowns. Malfunctions can affect operations and cause accidents.

The objectives of the investigation and the analysis of an accident with or without injury are as follows:

• To identify the causes of the occurrence of the accident in order to take corrective and preventive measures so a similar event does not recur.
• To comply with the legal obligations set out by the Occupational Health and Safety Act (OHSA section 51.1, 3, 5, 7, 9 and 11).
• To improve the work conditions and environment and avoid the recurrence of similar events.

The contingency plan consists of a set of activities implemented in order to react quickly and efficiently in an emergency situation. The contingency plan is specific to each facility based on the possible emergencies due to the risks present in the workplace or the work environment. Every company must be prepared to act efficiently in an emergency.

In Québec, according to the First-Aid Minimum Requirements Regulation, each employer must provide an adequate number of first-aid kits. The kits must be located in areas that are easily accessible, and as close as possible to the worksite. The kits and their content, whose expiry date should be checked regularly, should be kept neat and in good condition. All expired, soiled or yellowed material should be replaced.

Employers must provide a minimum number of first-aid attendants on the worksite so that any worker or accident victim or ill person may receive first-aid immediately.

The First-Aid Minimum Requirements Regulation stipulates that all employers in a facility and owners of a work site must ensure that a minimum number of qualified first-aid attendants are present at all times during work hours.

WHMIS is a system that makes employers and workers aware of the risks of hazardous materials and the appropriate preventive measures. WHMIS stands for “Workplace Hazardous Materials Information System” (Article 62.1, LSST).

Personal protective equipment (PPE) is a device or means intended to be worn in order to protect against a risk likely to threaten a worker’s health or safety (e.g. safety glasses, hearing protection, etc.). When a risk is identified and PPE is mandatory for the worker’s protection, the employer is responsible for providing this equipment free of charge, as prescribed by the Act Respecting Occupational Health And Safety.

According to this law, the employer must, among other things, “Provide the worker free of charge with all the personal protective means and equipment chosen by the health and safety committee in accordance with paragraph 4 of section 78 or, where applicable, the individual or collective protective means and equipment determined by regulation and ensure that the worker, when working, uses these means and equipment.” (article 51.11).

Also, according to the Regulation respecting occupational health and safety, in terms of the worker’s obligations, among other things, they “Must wear or use, as the case may be, the means and personal or collective protective equipment required in application of this Regulation” (article 339).

In addition, the employer must ensure that the worker uses it in the course of their work. Since this is a legal obligation, the employer can take disciplinary action against non-compliant workers. (LSST, art. 51, 1°, 3°, 5°, 7°, 9° et 11°).

It is the statement issued by the CNESST every year indicating that the employer is a member of a safety group.

Yes, by contacting the CNESST and providing the CNESST-issued employer number or by calling a representative in Novo SST’s Safety Groups Department.

The CNESST issues a new certificate annually at the beginning of the calendar year, following renewal of enrollment in the group.

For the term of the agreement between the company and the CNESST, i.e., as long as you are a member of the safety group.

As required by the CNESST, it should be posted in every facility and in areas that are easy to access for workers. It would also be preferable that the location selected, while it must be accessible to workers, is also accessible to customers and/or visitors, to illustrate your commitment as a company towards the health, safety and physical integrity of your workers.

Essentially, it needs to be posted because it is part of the obligations of an employer who joins a safety group. Posting the certificate also tells the workers that the company they work for is a member of a safety group and, as such, it is committed to making the group’s obligations its own. Finally, posting the certificate shows your membership in a group and confirms that you comply with its values. The group must show that it concretely promotes the prevention of occupational injuries, rehabilitation and the return to work of injured workers.

Here’s how the Office québécois de la langue française defines and describes due diligence: “The degree of prudence, activity, responsiveness and care that one might rightly expect from a reasonable and prudent person and that is usually demonstrated by that reasonable and prudent person in a given situation.”

There are three duties of an employer with regard to due diligence: the duty of foresight, the duty of efficiency and the duty of authority.

The duty of foresight aims for the employer to identify risks, control them and put in place clear measures to reduce or eliminate them.

The duty of effectiveness implies that the employer takes the necessary measures to control the risks in the workplace and to do so on an ongoing basis.

Lastly, the duty of authority concerns the management rights of the employer, who must ensure that his employees comply with all instructions and instructions, under penalty of sanctions.

Go to the Novo blog post for all information and specifics.

This law, under federal jurisdiction, amends the Criminal Code (C-21) in relation to OHS, that is to say the criminal liability of companies and the criminal liability of individuals. It was adopted on March 31, 2004 by the federal government under the name An Act to amend the Criminal Code.