OHS in Quebec

As an employer, you play an important role in preventing workplace injuries and promoting a safe and healthy workplace. In fact, in Quebec, under the Act Respecting Occupational Health and Safety (AOHS) and the Act respecting industrial accidents and occupational diseases (AIAOD) as well as their various regulations, you have a legal obligation to properly inform, instruct, and supervise your employees and to do everything you reasonably can to protect them. 

Responsibilities of Workers and Employers 

Everyone has a role to play in managing occupational health and safety in the company. 

Health and safety responsibilities must be clearly defined, known to all staff and included in everyone's job descriptions.  

Employers must ensure that their workers are aware of them and apply them in their day-to-day activities.  

Each person must find out about and comply with their rights and obligations (in French only) with respect to occupational health and safety. 

Organization of prevention 

The employer, in collaboration with the workers, must develop and implement a prevention program and present it to all their staff for their consideration. Employers must train their workers to ensure they are aware of the hazards in the workplace and can perform their work safely. 

Other measures to be implemented in the workplace include: 

• identifying, analyzing and prioritizing hazards
• taking corrective measures to eliminate hazards
• implementing controls (to ensure corrective measures are permanent)
• an annual update of the prevention program
• investigating accidents and incidents
• keeping a register of all accidents or incidents
• training first aiders and making comprehensive first aid kits available
• an intake and integration program for new workers
• the application of an emergency response plan 

Evaluation of the company's occupational health and safety performance 
Management must conduct at least an annual evaluation of the health and safety performance and communicate the results to all its workers. It is also necessary to evaluate the implementation of the prevention program, the activities of the health and safety committee and prevention activities. 

Finally, management must track accidents and incidents and take into account the management of accident and return-to-work files. 

Levels of management 
There are 4 levels of management in the Framework (in French only): 

1. Management focused on routine activities: we do not worry about doing prevention unless we are obliged to.
2. Reactive management: prevention is considered “after the fact”, for example, after an accident. We react to events. Everything is informal and verbal.
3. Proactive management: we start putting things in writing to ensure control and maintenance over time.
4. Preventive management: prevention becomes a value and is integrated into the functioning of the organization. 

At a minimum, a business must achieve the proactive management level. 

Preventive management ensures effective management in the workplace on a permanent basis. 

The company must find ways to improve prevention and reach the highest level. A company that is starting out in prevention will not be able to implement everything overnight. For continuous improvement, it must set objectives and put the winning conditions in place to advance through the management levels from year to year. 

To get an accurate diagnosis of occupational health and safety management in your workplace, you can use the diagnostic tool (in French only). 

This tool can be useful for performance evaluation if it is used annually. 

CNESST Resources:  

• Research topics of Prevention
• How to manage occupational health and safety in your company
• Training clips to support you in your OHS management (in French only)

OHS Policy
OHS Program
Committees & Representatives
Posters, Signage, Printables
Violence, Harassment & Bullying
Orientation & Training
Young Workers
First Aid
Emergencies, Hazards & Communicable Disease
GHS (WHMIS)
Return to Work

OHS POLICY 

In Quebec a written health & safety policy is not mandatory, however, CNESST recommends creating Winning Conditions for determining your level of health and safety which includes the commitment and support of senior management.   

 Senior management must:  

• actively commit to and demonstrate an interest in integrating health and safety into all company activities  
• be consistent in taking concrete actions such as setting an example or being present during daily operations  
• take the health and safety of workers into account by:  
  • informing them of the risks  
  • promoting prevention activities  
  • encouraging initiatives  

This policy or commitment should be:   

• Created in consultation with the Joint Health and Safety Committee, representative or workers.  
• Written and signed by senior management or business owner.  
• Posted in a prominent location in the workplace.  
• Known to all in the workplace.  
• Integrated into the company’s routine operations. 

You should review the OHS policy whenever job functions and business activities change. Keep your policy current by reviewing at least annually.   

CFIB members can download CFIB’s occupational health & safety policy template for their business from the Member Portal.   

OHS PROGRAMS  

Prevention mechanisms according to priority groups 
Prevention mechanisms refer to the prevention program. An action plan will also have to be put in place. If your business is part of priority group 1, 2 or 3, you were already required to have a prevention program, and you must continue to fulfil this requirement for the time being. New requirements will come into force later.  

Businesses in priority groups 5, 4, and 6 
You must implement a prevention program by identifying and analyzing the risks to the health and safety of your workers. This requirement applies regardless of the size of your business.  

If your business has 20 or more workers, once the hazards have been identified, you must analyze them and prioritize them. The prioritization of hazards allows you to act quickly on the most urgent issues. It is important to document everything in writing. This documentation must be accessible to:  

• The members of the health and safety committee.
• The health and safety representative.
• Workers.

If your business has 19 or fewer workers, you have the same requirement as businesses with 20 or more workers. However, you do not have to prioritize the hazards. The documentation must also be accessible to:  

• The health and safety liaison officer.
• Workers.

To help you identify and analyze hazards, the CNESST has useful information pages: 

•    IDENTIFY: Hazard identification and prioritization and Hazard Identification Tool; 
•    ANALYZE: Analyze the risks (French Only); 

CFIB members can access our Prevention Program Template in the Member Portal. The identification and analysis of the risks corresponds to the "Prevention Plan" page in the document.  

COMMITTEES & REPRESENTATIVES 

Businesses with 20 or more workers 
If your business has 20 or more workers, regardless of priority group, you must form a health and safety committee. The purpose of this committee is to participate in the identification and analysis of occupational health and safety hazards and make recommendations to the employer.  

To determine the number of members in the committee, you must agree with your workers. If there is no agreement, the regulation applies:  

• from 20 to 50 workers: 2 representatives
• from 51 to 100 workers: 3 representatives
• from 101 to 500 workers: 4 representatives
• from 501 to 1000 workers: 5 representatives
• 1001 workers or more: 6 representatives 

At least one representative must be appointed to act as an intermediary between the employees and the committee. 

Businesses with fewer than 20 workers 
If your business has 19 or fewer workers, a Health and Safety Liaison Officer must be appointed by the workers.  

For more details on upcoming changes, please visit the CNESST calendar. 

POSTERS, SIGNAGE, PRINTABLES 

Post a copy of the First-aid Poster in a conspicuous place and identify on it the family and given name of all First-aid trained workers, their job title, work location, and the location of your First-aid kits.

VIOLENCE, HARASSMENT & BULLYING 

As an employer, you have an obligation to provide a harassment-free workplace. To fulfill this obligation, you must: 

• Ensure that you use all reasonable means to prevent harassment.
• Stop harassment when it is brought to your attention. 

You are required to put in place a comprehensive policy for the prevention of psychological and sexual harassment in your workplace (available to members in the Member Portal). This policy must include a component concerning conduct that manifests itself through words, acts or gestures of a sexual nature, as well as a process for handling complaints. You will also need to appoint a person to be responsible for its implementation. 

IMPORTANT: if you do not have this policy, you could receive a hefty fine. 

What to do in the event of an internal report or complaint 
When a situation of harassment is brought to your attention, either through a report or an internal complaint, you must act immediately and take the situation seriously. Here are the steps to follow: 

• Receipt of the complaint or report
  Whether it is a report or a complaint, the alleged victim (or the person who made the report) must provide details. This includes who the potential harasser is, what conduct is being reported, the timeline of events and who the witnesses are. If this information is not provided to you, you will need to ask questions to get more details about their version of events.
• Assessing the Eligibility of the Complaint 
  Once the complaint or report has been received, you will need to analyze all the facts to determine if the criteria for harassment are present. This analysis will determine whether further action is necessary but will not actually confirm the presence of harassment. 

If, after analyzing the facts, you determine that no harassment is present, you are not required to go further. We advise you to write a report to explain your approach and your reasoning. Keep this report carefully. If the complaint is admissible, you will have to appoint a person responsible for the investigation. You are not required to appoint an external person, but it is strongly recommended that you do so.  

Please note that even if a complaint does not constitute harassment, it is appropriate to do a small investigation to determine if there is an underlying problem. 

• Notification of those involved 
  If the complaint is admissible, you should inform those concerned of the facts that have been reported to you and advise them that an interview will follow. Give them a reasonable amount of time to prepare. At this stage, you will probably need to take some steps to limit the damage during the investigation. For example, it may be essential to separate the individuals involved and change their shifts temporarily.
• Clarification interviews and documentation of facts 
  Once everyone involved has had time to prepare, you will need to meet with each person individually to get their side of the story. A written report should be made for each person to ensure that their side of the story has been understood.
• Analysis of the information and submission of conclusions 
  At this stage, the person in charge of the investigation must analyze all the facts reported. After analyzing the information, the allegations can be proven or disproven. This step must be done with rigor and is why it is preferable to call upon professionals who can ensure expertise and neutrality. 

If you have hired an external person for the investigation, they should provide you with a written report of the investigation with recommendations. As the employer, it is up to you to make decisions based on the findings of the investigation. If you conducted the investigation, you would also need to provide a written report. 

Possible findings of the investigation 
If harassment has occurred, you must take all necessary and reasonable steps to stop the harassment and ensure that it does not happen again. Also, make sure that you have fulfilled all your obligations and make corrections if necessary. 

If there was no harassment, but there are some things to consider, you will also need to take some steps to resolve the problem. 

Filing a complaint with the CNESST 
Even if you have an internal policy that provides for a complaint process, an employee who feels they have been the victim of psychological or sexual harassment can file a complaint directly with the CNESST. The CNESST will offer mediation which may be accepted or refused. The CNESST will also investigate to analyze the admissibility of the complaint. If the complaint is deemed admissible, it will be heard by the Administrative Labour Tribunal.

If, at any time during the process, the employer and employee reach an agreement and resolve the problem, the intervention of the CNESST will end.  

The consequences of harassment for the business 
Psychological and sexual harassment in the business can undermine the work atmosphere, cause friction between workers, increase staff turnover, reduce motivation, and increase absenteeism. If the harassment occurred with customers or suppliers, it is obvious that the consequences could be serious for the business's survival. Finally, if a complaint is filed with the CNESST and the court finds that you have not fulfilled your obligations, you could be required to compensate the person who initiated the complaint. 

• CFIB article: Psychological and sexual harassment in the workplace
• CNESST requirements: Complaint concerning psychological or sexual harassment
• CNESST : Aide à la rédaction d’une politique de prévention et de prise en charge du harcèlement psychologique (French only)

ORIENTATION & TRAINING 

Training is necessary to create a safe workplace and create winning conditions in occupational health and safety management. 

As of January 1, 2024: 

• Mandatory training in construction – prevention
• Mandatory training for establishments – prevention 

More information can be found on the CNESST website here.  

YOUNG WORKERS  

In Quebec, a person can start working at the age of 14. However, under 18’s cannot be given dangerous work, and you must make sure that their work does not interfere with their education. (See more here.) 

• Hiring young people under 14 years of age (Exceptions with parental consent): CNESST Special requirements 

FIRST AID 

Offer medical attention (First aid) on site as per the First-aid Minimum Standards Regulation. In order to do so, you must: 

• Ensure that a minimum number of First-aid trained workers are available at all times on site during working hours.
• Register your employees for First-aid training.
• Provide enough First-aid kits in the workplace, making sure they are readily available and maintained (replacing used or outdated material accordingly).
• A copy of the Practical Guide for First Aiders in the Workplace is no longer required in your first aid kit, but is strongly recommended.
• Post a copy of the First-aid Poster in a conspicuous place and identify on it the family and given name of all First-aid trained workers, their job title, work location and the location of your First-aid kits.  
• Maintain a log of workplace accidents. Every time a first aider gives First-aid to another worker, they must fill a report containing their name and that of the injured worker, and the time and description of the injury or sickness as well as the type of First aid given and hand the report to the employer.
• CNESST - Workplace First Aid training : ENG | FR 

CNESST-accredited training providers 

EMERGENCIES, HAZARDS & COMMUNICABLE DISEASE 

The CNESST has a dedicate section on their website concerning respiratory infectious diseases with information on sanitary measures to help protect everyone’s health and safety in the workplace. 

Under the Act Respecting Civil Protection to Promote Disaster Resilience, every person is responsible for ensuring their own safety as well as the safety of their property and activities. 

An Emergency Response Plan can be part of the OHS Program and would document essential procedures and reference lists. Having an emergency response plan will also help you draft a Business Continuity Plan, a document that identifies hazards, ways to minimize risk, and ensures the minimum of disruption to your business during an emergency.

We have information on our website regarding flood mitigation and the benefits of having a storm day policy.

GHS (WHMIS) 

WHMIS (Workplace Hazardous Materials Information System) and GHS (Globally Harmonized System) are world-wide systems providing information on hazardous materials used in the workplace. Employees need to know how to work safely, but that doesn’t necessarily mean you need to implement costly training programs.

If employees could come in contact with hazardous products, you must ensure:

• They receive training on how to handle and store the products.
• A label is on the hazardous product and a data sheet is easily accessible

Read our article WHMIS: Are your employees trained to safely handle hazardous materials? For more information. 

RETURN TO WORK  

An employee’s right to return to work requires you to reinstate a sick/injured worker who is able to resume their job, or hold an equivalent position, and to pay their salary and associated benefits. If a worker is unable to resume their job or hold an equivalent position because of an employment injury, they are entitled to the first suitable job available at your establishment, subject to any seniority rules included in their collective agreement (if applicable). The right to return to work must be exercised within the required time limit: two years if your establishment had more than 20 employees at the beginning of the period of continuous absence, and one year in other cases. 

The CNESST offers a wealth of information and valuable resources within their dedicated section "Return-to-Work " on their website. 

To offer a temporary work assignment to an employee who is unable to perform the regular duties of their job, you must complete a temporary work assignment form ( l’Assignation temporaire d’un travail) through the CNESST's secure online service  (French only) and obtain approval from the treating health professional.