The Act to modernize the occupational health and safety system, which came into force progressively on October 6, 2021, has brought many changes and new obligations in terms of workplace health and safety (OHS) management.
Among the highlights, the interim regime of prevention and participation mechanisms in place since April 6, 2022 (January1, 2023 for the construction industry), introduces prevention and participation mechanisms in all workplaces.
It’s a common misconception that health and safety prevention is only associated with certain high-risk environments, such as construction, industry or processing… and yet… the Act sets the record straight.
The main objective of this plan is to prepare all workplaces for the application of a prevention or action plan, until the legislative and regulatory provisions of the Act come into force, scheduled for October 6, 2025 at the latest. It is therefore a preparatory step for all employers to comply with their new OHS obligations!
Is your company subject to tax?
All workplaces are subject to the Act. To help you determine the obligations your company must meet, CNESST has developed a tool to help you quickly identify the mechanisms you need to put in place, depending on your ” group ” and the number of workers: to access the tool, visit >>>.
What OHS obligations (prevention and participation) do you need to implement in your company?
Depending on the number of employees and the sector of economic activity, a combination of the following mechanisms applies:
Prevention mechanisms
- Prevention program
- Identification and analysis of documented risks (action plan)
Participation mechanisms
- Health and Safety Committee
- Health and healthcare representative
- Health and Safety Liaison Officer
Obligations according to the size of your company
At the very least, all workplaces with fewer than 20 workers are required to appoint a health and safety liaison officer and draw up an action plan, i.e. to document in writing the identification and analysis of workplace risks (including safety, biological, chemical, ergonomic, physical and psychosocial risks).
Most companies with 20 or more employees are required to set up a health and safety committee, appoint a health and safety representative and draw up a prevention plan covering safety, biological, chemical, ergonomic, physical and psychosocial risks.
In a nutshell
The changes introduced by the Act represent a major step forward in workplace prevention. Implementing them, however, can be a daunting task for you and your team.
A professional from the Human Capital team at Amyot Gélinas will be happy to help and support you in implementing your health and safety obligations.
An article by our Human Capital team
For further reading :
An Act to modernize the occupational health and safety system in brief | Commission des normes de l’équité de la santé et de la sécurité du travail – CNESST
Bill 59 – Sanctioned (2021, chapter 27)
