(Quebec) The Minister of Labor, Jean Boulet, tables a series of amendments to his reform of occupational health and safety standards. Among other things, it withdraws the notion of “risk levels” which was supposed to modulate the scope of the prevention mechanisms provided for each sector of activity.
Posted on March 10, 2021 at 2:26 p.m.
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Last February, faced with the barrage of criticism aroused by Bill 59, Mr. Boulet tried to calm things down in interview with Press. He promised a series of amendments, which he finally tables on Wednesday. “I always react the same way. I listen and I adapt. The best way to adapt myself in the context of a bill of this scope is to submit amendments, ”he said.
In the first version of the bill, the detailed study of which continues Wednesday in parliamentary committee, Quebec planned to eliminate the current framework of preventive mechanisms to modulate them, in each workplace, according to a level risk (low, medium or high). However, some have criticized this way of doing things, claiming that it took away certain gains for some workers, while the gains for others were minimal.
The Minister of Labor now proposes that “the prevention program, the health and safety committee and the health and safety representative [continuent] to be deployed in establishments with at least 20 workers ”. He also tabled an amendment to “remove any reference to risk levels and mainly use the size of establishments for the deployment of these mechanisms,” he said in a press release.
“For establishments with fewer than 20 workers, adaptations would apply, in particular the obligation to make a health and safety action plan and the identification of a liaison officer among the workers,” he said. also written.
These amendments “appear to me to be crucial and demonstrate that we are listening,” said Boulet on Wednesday.
Public health
In its first version, Bill 59 also proposed that public health visits to workplaces become optional. Companies could therefore have entrusted private sector specialists to assess whether the occupational health and safety of their employees met the standards.
However, in a letter obtained by Press in February, the 18 regional directors of public health in Quebec were offended by this change of course and demanded the maintenance of “neutral and independent occupational medicine”.
Jean Boulet now proposes amendments to “broaden the role of public health directors so that they can assess the health elements in the prevention program or the action plan of an employer and make the appropriate recommendations” , he announces.
“In addition, it is proposed to expand the intervention role of the Public Health Network in Occupational Health (RSPSAT) so that it collaborates in the development and implementation of the health elements of the health programs. prevention developed by employers. RSPSAT stakeholders would be authorized to intervene in the workplace at the request of the Commission for Standards, Equity, Health and Safety at Work (CNESST) or a Director of Public Health ”, specifies the minister in his press release.
Other measures
As he had announced to Press in February, Jean Boulet reviews Bill 59 so that it is always the doctor “who monitors the pregnancy. […] which issues the certificate for the preventive withdrawal of the pregnant worker ”.
The Minister of Labor is also proposing an amendment which “explicitly provides that the Act respecting occupational health and safety (LSST) applies to the worker who performs teleworking and to his employer and that the work of the inspector be supervised in order to to ensure respect for the worker’s right to privacy ”.
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