Purpose of Bill 59
Under Bill 59, all businesses with more than 20 employees will be rolling out a prevention program. In addition, businesses with fewer than 20 employees will implement an action plan.
Please note that this is the most extensive modernization of the Act respecting occupational health and safety (adopted in 1979) and the Act respecting industrial accidents and occupational diseases (adopted in 1985) in over 35 years. In his official announcement, Jean Boulet, Québec’s minister of labour, employment and social solidarity, mentioned various significant advances for workers:
⇒ Increased workplace risk prevention
⇒ Easier access to the compensation scheme
⇒ Better support for workers with employment injuries, as well as for employers
⇒ Improved governance and “dejudicializing” process
Effective date
The OHS modernization act was assented to on October 6, 2021, i.e. the effective date for the following provisions:
♦ New list of occupational diseases with a “presumption in favour of the worker”
♦ Increases in the fines set out in the Act respecting industrial accidents and occupational diseases
♦ Protection for interns/trainees
♦ New CNESST governance framework
♦ Clarifications on telework protections
♦ Protection against domestic, family and sexual violence in the workplace
♦ Collective agreement clauses or contractual provisions are regarded as null and void if they limit or transfer the obligations incumbent on placement agencies or client companies
♦ Psychological well-being provisions
♦ Regulatory recourse to put in place a certification program for employers and potential financial incentives for employers implementing preventive measures, under certain conditions
♦ Scientific committee on occupational diseases
On January 1, 2022, an additional provision came into effect:
♦ Contribution regarding work standards
In early April 2022, i.e. six months after the Act was assented to, the following additional provisions came into effect:
♦ Coverage for domestic workers
♦ Changes to the definition of “executive officer”
♦ Prescription of the right to death benefits
♦ Oversight of service providers
The following provisions will take effect in early October 2022, i.e. one year after the Act was assented to:
♦ Job search support/guidance for workers who sustain an employment injury
♦ Rehabilitation measures following an employment injury
♦ Reasonable accommodation requirement regarding workers who sustain an employment injury
♦ Form regarding temporary functional limitations and support measures for temporary assignments
♦ Medical evaluation bureau
The following provisions will take effect on January 1, 2023:
♦ “Protective reassignment” for workers who are pregnant or breastfeeding
♦ Implementation of prevention/participation mechanisms for workers in the construction sector (OHS coordinator and representative, worksite committee, prevention program developed by the employer and Regulation respecting prevention mechanisms specific to construction sites).
The following provision will take effect in early April 2023, i.e. 18 months after the Act was assented to:
♦ Modifications to the administrative review process and to appeals involving the Administrative Labour Tribunal
The following provisions will take effect no later than four years after the Act was assented to:
♦ New role for the public health network in the area of occupational health
♦ Full implementation of the prevention/participation mechanisms for workers, as well as the applicable regulation for mechanisms specific to establishments
For further information
The RCCAQ is pleased to inform its members that the Centre patronal SST will ensure that employers receive proper guidance in applying the new legislative provisions. We are also offering three training activities on OHS committees, including the regulations and concrete changes that businesses must legally comply with:
♦ Effective implementation of an OHS committee
♦ Effective OHS committee meetings
♦ OHS committee action plan
For further information, RCCAQ members are encouraged to consult the information leaflet issued by Québec’s Department of Labour, Employment and Social Solidarity (MTESS).
