Prevention And Participation Mechanisms In Establishments: New Obligations Now In Force For Québec Employers

On October 6, 2021, the Québec National Assembly passed An Act to modernize the occupational health and safety regime (“Law 59”), which included amendments to several provisions relating to the Act respecting occupational health and safety (“AOHS”)¹.

Subsequently, an “interim regime” was put in place to prepare employers for the adoption of new provisions regarding the health and safety of their workers.

The final provisions of Law 59 and the Regulation respecting prevention and participation mechanisms in an establishment (the “Regulation”) have been in force since October 1, 2025, ending the “interim regime” and imposing new occupational health and safety obligations on Québec employers. As several months have passed since then, an update should be provided on the status of the implementation of these obligations.

As a reminder, these obligations fall primarily into two categories: a) participation mechanisms, and b) prevention mechanisms related to employer establishments.

Establishments with fewer than 20 workers

a) Prevention mechanism

An action plan (“AP”) must be developed in collaboration between the employer and the health and safety liaison officer (“HSLO”, as discussed below).

The minimum required content of the AP is set out in the AOHS, but it must specifically include the psychosocial risks related to the work.

With some exceptions, employers have one year to develop and implement their APs once they become subject to that requirement. For most establishments that existed on October 1, 2025, the deadline is October 1, 2026.

b) Participation mechanism

An HLSO must be designated by the establishment’s workers. The duties of the HSLO are determined by the AOHS and include cooperating with the employer to facilitate health and safety communications, filing complaints with the CNESST and collaborating in the development and implementation of the AP, including making written recommendations to the employer on the identification of workplace hazards.

The HSLO is required to complete training as established by the CNESST within one year of their designation.²

Establishments with 20 or more workers

a) Prevention mechanism

The employer must develop a prevention program (“PP”) in collaboration with the employer and the health and safety committee (see below). The minimum required content of the PP is set out in the AOHS, but it must specifically include the psychosocial risks related to the work.

With some exceptions, employers have one year to develop and implement their PP once they become subject to that requirement. For most establishments in place on October 1, 2025, the deadline is October 1, 2026.

b) Participation mechanisms

A health and safety representative (“HSR”) must be elected by the establishment’s workers. The duties of the HSR are set out in the AOHS and include inspecting workplaces, identifying hazardous situations for workers, intervening when a worker exercises the right of refusal, filing complaints with the CNESST, and collaborating in the development and implementation of the PP, notably by making written recommendations to the employer and participating in the identification of hazards, contaminants and hazardous materials.

A health and safety committee (“HSC”) must also be established and include representatives of both workers—among them the HSR—and the employer. In the absence of an agreement between employers and workers (and any certified associations representing them), the composition of the HSC is determined by the AOHS and the Regulation based on the number of workers in the establishment.

The functions of the HSC are determined by the AOHS and include determining the occupational health and safety training and information programs within the PP, choosing the individual protective means and equipment best suited to workers’ needs, collaborating in the development, updating and monitoring of the PP and making recommendations to the employer, participating in the identification and analysis of risks that may affect the health and safety of workers, keeping records of occupational accidents and illnesses and the events that may have caused them, investigating events that have caused or may cause an occupational accident or illness, and submitting recommendations to the employer and the CNESST.

All HSC members, including the HSR, must obtain a certificate of theoretical training for HSC members issued by the CNESST. The HSR must also obtain a separate certificate of theoretical training issued by the CNESST and take part in recurrent training. These certificates must be obtained within 120 days of the designation of the HSC or HSR member or before the date set out in the Regulation, depending on the establishment’s level (no earlier than April 1, 2026), whichever is later.³

The multi-establishment method

Under certain terms and conditions, employers who have more than one establishment in Québec may take advantage of a multi-establishment approach if at least two establishments are required to set up a PP. This approach may allow the employer to group its obligations, including implementing a single PP for all establishments.

Conclusion

With several months having passed since the final provisions of Law 59 and its Regulation came into force, it is essential for employers to take stock of the implementation of participation and prevention mechanisms within their establishments. With deadlines approaching for the development of APs and PPs, as well as for the required training and certifications, employers are encouraged to promptly ensure that all new requirements are in place or underway within their establishments.

Footnotes

^{1 For more information, we invite you to consult our bulletin on this topic.}

^{2 We invite you to visit the CNESST website for details about this training (available in French only).}

^{3For the HSC, we invite you to consult this CNESST webpage for more information, and for the HSR, this webpage (both available in French only).}

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

© McMillan LLP 2025