Updates include remote work recognition, new hazard identifications, protection plans
Remote workers are now legally recognized in Quebec and organizations must amend policies and procedures to reflect this requirement.
It’s just one of a set of considerations for organizations to consider. First adopted in September 2021, the Act to modernize the occupational health and safety system (AMOHS) represents a “significant” set of new rules that employers must be aware of, according to a lawyer.
“These changes started coming into force on Oct. 6, 2021, and they’ll continue to be gradually rolled out over the next three years,” says Stéphanie Desjardins, senior associate at Borden Ladner Gervais (BLG) in Montreal.
Employers will have to update policies around remote work, conduct a safety audit on workplace hazards and have to create committees to address these issues, among other updates. They will also have to create a prevention program that includes an action plan.
Bill 59 will see updates to the Act respecting occupational health and safety (AOHS) and the Act respecting industrial accidents and occupational diseases (AIAOD).
‘Major overhaul’ for employers to consider
“This is one of the biggest major overhauls of the legislation since the last 35 years so its purpose was to really modernize it,” says Ajanthana Anandarajah, associate at Baker McKenzie in Toronto.
The previous laws were first enacted in 1979, and 1985.
For employers and HR, the changes represent a brand new way of approaching safety in the workplace, according to Anandarajah.
“It’s quite onerous on employers because there’s new formats, new templates, new forms that they’re rolling out that employers are required to comply with. Employers are already required to take all reasonable steps to ensure the protection of their employees, and what this new legislation does, they have to go back in and revise existing policies, existing documents and have new processes in place to address it.”
For businesses who have more than 20 employees, there are three major areas to be aware of, says Desjardins.
“The first being to record the identification and analysis of risks that may affect the workers’ health and safety. The second is to set up health and safety committees and a third is to designate at least one health and safety representative amongst the workforce.”
This is only an “interim regime” right now, she says and the change will eventually become more permanent. In the past, these rules were only for certain industries but will now be for all organizations conducting business in the province.
Injured workers guaranteed spot to return to work
One of the areas that might be most troubling for employers, is a new presumption of reinstatement when a worker become injured and takes a leave.
In the past, the employer had to keep a job available for the employee of one or two years depending on the size of the workplace.
However, with the new rules, those limits no longer apply.
“There’s no timeline so that’s the concerning part for employers is that once they’re healthy they can rely on this right and that’s what makes it a bit concerning because the one to two years is already long enough. If it goes much longer, it’s going to impact employers and making business decisions while employees are away,” says Anandarajah.
An employer is able to plead undue hardship but “it’s going to be a case-by-case assessment but we don’t have much guidance right now,” she says.
“The presumption is brand new. I haven’t seen anything about the timeline and we’re still waiting for guidance from the government on how to approach this because usually their website is pretty informative and sometimes they have explained policies so we’re waiting to see but at this time, we don’t have any information.”
New rules around what constitutes workplace violence
While workers previously enjoyed protection against violence, the definitions have been expanded as well, according to Desjardins.
“Employers now have an obligation to take necessary measures to ensure the protection of their workers who are exposed to a situation of physical and psychological violence in the workplace, which includes the remote workspace. When we speak about violence, we’re including spousal, family and sexual violence so that’s a new undertaking for employers,” she says.
The changes are welcome to many in Quebec, says Desjardins.
“For decades, both unions and employer associations had been advocating for an update regime of the occupational health and safety. I think the pandemic certainly had a push for it, especially with regards to all the telework obligations, and how that became a reality for everyone and a new set of complications and risks of injury had to be addressed.”
