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.
Registering with the CNESST is mandatory!
We can never stress this enough: registering with the "Commission des normes, de l'équité, de la santé et de la sécurité du travail" (CNESST) is not an option! All companies with at least one full-time or part-time worker must register with the CNESST no later than 60 days following the first day that your first worker reports work.
To register, use one of these two methods:
On September 30, 2021, the Government of Québec adopted Bill 59, which aims to modernize occupational health and safety legislation. This is the most important modernization of the Act respecting occupational health and safety and the Act respecting industrial accidents and occupational diseases.
The new requirements will be phased in over time until 2024.
CFIB & TELUS Health (formerly LifeWorks) tell you more about the impacts of the modernization of the CNESST regime in Quebec.
Starting October 6, 2022
The new measures that take effect on October 6 do not require immediate action by most businesses. However, it is still important to be aware of them.
The new measures that concern you in particular, relate to temporary assignment, the duty to accommodate and the compensation of a worker who has suffered a work accident or occupational disease. For more information: New measures as of October 6, 2022.
What should already have been done
The new obligations as of April 6, 2022, consisted of:
Prevention mechanisms according to priority groups
Prevention mechanisms refer to the prevention program. An action plan will also have to be put in place at a later date. If your business is part of priority group 1, 2 or 3, you were already required to have a prevention program. You must therefore continue to fulfil this requirement for the time being. New requirements will come into force later.
Businesses in priority groups 5, 4, and 6
If your business is part of priority group 4, 5 or 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 at all times to:
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 always accessible to:
To help you identify and analyze hazards, the CNESST has useful information pages:
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.
Participation according to the size of the business
Participation mechanisms allow for the involvement of workers. They refer to:
Businesses with 20 or more workers
If your business has 20 or more workers, regardless of priority groups, 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 to make recommendations to the employer.
In order to determine the number of members in the committee, you must agree with your workers. If there is no agreement, the regulation applies (see article 4):
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 workers or less, a Health and Safety Liaison Officer must be appointed. Your workers must do this.
Upcoming changes - IMPORTANT!
We will update this page organically to keep you informed of your obligations. For more details on upcoming dates, please visit the CNESST calendar:
If you have any questions about your requirements or would like our sample policy, please contact our business advisors at 1-833-568-2342.
FAQ
How do I determine the number of employees in my business?
To determine the number of workers in your business, you must include interns and "rented" or "loaned" employees (e.g., employees from an employment agency).
What if I have 20 or more employees for only part of the year?
In order for the requirements of businesses with more than 20 employees to apply, you must have 20 or more employees for more than 21 days in the year.
If during the year, the number of workers falls below 20, the OHS committee must be maintained at least until December 31 of that year.
What are the rules of the occupational health and safety committee?
The rules of operation and the terms and conditions of the OHS Committee, including the minimum frequency of meetings, are determined by agreement between its members. Until an agreement is reached on the minimum frequency of meetings, the committee should hold one meeting per quarter, unless the regulations require them to be held more frequently.
If the committee can’t agree on the frequency of meetings the minimum operating rules shall apply.
For the complete rules that apply to the committee:
What are my obligations under the Occupational Health and Safety Act of Quebec?
Regardless of the size of your business or sector, your main obligation as an employer is to identify, control and eliminate any workplace hazards. In order to do so, you must:
Helpful resources:
CNESST provides you the following resources:
First-aid requirements:
Offer medical attention (First aid) on site as per the First-aid Minimum Standards Regulation. In order to do so, you must:
Requirements if you purchase, use or manufacture controlled products:
Wait that’s not all! Here are some important things you should know that may require additional obligations:
Zero tolerance policy
Violation of the policy will result in heavy fines and CNESST will put a stop to the work.
Young workers
Pregnant employee
Psychological and sexual harassment
Workplace injuries
CFIB is here to help you!
In addition to health and safety requirements, there are several other compliance measures your business should be considering. You can always contact CFIB for further information, examples of a Health and Safety Policy, Emergency Communication Procedure, or more details on any Occupational Health and Safety issues at 1- 833-568-2342 or email us at cfib@cfib.ca