The Act to Modernize the Occupational Health and Safety Regime

Bill 59, the Act to modernize the occupational health and safety regime, was adopted last fall. The Act represents the most significant update to the Occupational Health and Safety Act (OHSA) and the Act respecting industrial accidents and occupational diseases (AIAOD) in over 35 years.

With respect to the prevention of workplace accidents, the main changes to the occupational health and safety regime include increased hazard prevention in workplaces.

The following is a summary of some of the new prevention-oriented obligations that are already in force or will come into force in 2022

Telework

Telework locations are considered workplaces under the Occupational Health and Safety Act (OHSA). As a result, you may be liable for an accident that occurs at a worker’s home.

A telework policy can be a good way to manage the telework relationship while reducing the risk of telework-related conflicts.

Your policy should take into account the organization of telework, which may vary according to the nature of the job and the employer’s needs.

Violence – Prevention

In the workplace, the employer must take the necessary measures to protect a worker who is exposed to a situation of physical or psychological abuse, including spousal, familial or sexual abuse. The situation can manifest itself in various ways, including: 

• Harassment by telephone, email or text messages
• Frequent intrusions by the abuser at the victim’s workplace
• Communications from the abuser to the employer, etc.
• The victim may also be followed and harassed at or near the workplace.

As an employer, you must use methods and techniques to identify, correct and control the risk of violence in the workplace. You must also include risks related to violence in your prevention program or action plan.

Your approach to prevention should include measures to identify and address risks related to spousal, family or sexual abuse.

Increased fines for violations of the Act respecting industrial accidents and occupational diseases

• The amount of the fines has been increased. Depending on the nature of the offence, fines range from $500 to $10,000 for individuals and from $1,000 to $20,000 for corporations.
• The minimum and maximum fine thresholds are doubled for the first repeat offense and tripled the next time.

Monitoring the risks in your workplace will help you avoid fines that may result from certain deficiencies. Implementing an up-to-date action plan will reveal regulatory non-compliance issues and help you avoid such fines.

Building Owners – Prevention

When a building is used by one or more employer-occupants, the owner of the premises must, in those areas of the building that are not under the control of an employer, take the necessary measures to ensure the health and safety of persons.

Whether you are a building owner or a tenant, you should adapt your prevention program to include the list of measures that have been or will be implemented to comply with this new legal obligation.

Placement Agency

A placement agency, or any other employer that hires out or provides workers’ services, cannot transfer or limit its legal obligations under the Occupational Health and Safety Act to a third party by contract or agreement. 

To meet your legal obligations, you should identify the risks and risk control measures, such as procedures and training, at your clients’ workplaces. Establish a system that allows you to effectively manage your employees while taking into account the reality of each of your clients.

Workplaces with 20 or more workers must:

Document the identification and analysis of risks that may affect workers’ health and safety.

Develop a risk analysis method and then proceed with the analysis of the risks present in their workplace.

Establish a health and safety committee

All workplaces with 20 or more workers during the course of a year are required to form a health and safety committee. When counting the number of workers, those whose services are hired out to or loaned to the employer must be included. The members of the health and safety committee must undergo mandatory training. The time limit for taking this training, its content and its duration are determined by regulation.

Designate at least one health and safety representative

The health and safety representative is an employee designated by the workers. His/her duties include, but are not limited to:

• Inspecting the workplace
• Collaborating in the development and implementation of the prevention program or action plan
• Receiving accident notices and investigating events that have or could have caused an accident
• Accompanying the CNESST inspector during his/her visits
• Filing complaints with the CNESST
• Participating in risk identification and analysis and the identification of hazardous materials and contaminants in the workplace.

Workplaces with fewer than 20 workers must:

Document the identification of hazards that may affect workers’ health and those that may affect their safety.

You can include risk identification in your prevention program.

Designate a health and safety liaison officer

A liaison officer must be designated from among the workers. His/her main functions are:

• Cooperating with the employer to facilitate OHS communication
• Collaborating in the development and implementation of the prevention program or action plan
• Making recommendations regarding risk identification
• Filing complaints with the CNESST

Conclusion

Some of the provisions of Bill 59 have already come into force; others will come into force until January 2024. Dunton Rainville is aware of the impact these provisions have on your organization and we can assist you throughout the transition. All these changes have already been integrated into DR Conseils’ clients’ prevention programs. DR Conseils has also adapted its services to comply with the new requirements. DR Conseils is therefore already fully equipped to meet your needs.