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Law 27: When organizational health becomes a legal obligation

Julie Banville, CRHA
Law 27: When organizational health becomes a legal obligation

When it comes to occupational health, the days of simply managing falls and injuries are over. With the entry into force of the Act to modernize the occupational health and safety regime (LMRSST), also known as Bill 27, Quebec has reached a historic milestone. Since 2022, all companies, large and small, must adopt a proactive and structured approach to prevention, now including psychosocial risks (PSRs), which have long been neglected in the workplace.

This article is the first in a two-part series devoted to the new obligations imposed on companies by Bill 27. The second article, “Psychosocial risks: what if prevention became a lever for sustainable performance?”, will explore concrete strategies for implementing an effective prevention approach.

A long-awaited reform for a transformed world of work
The Occupational Health and Safety Act (LSST) dates back to 1979, a time when concerns about mental health in the workplace were marginal. Forty years later, the situation is unrecognizable: psychological disorders now account for more than 50% of workplace disability episodes. Such a change necessarily called for an overhaul of the legal framework.

This is what Bill 27 addresses, by broadening the scope of prevention to include not only physical aspects, but also the more invisible, yet equally harmful, dimensions of work organization: overwork, isolation, lack of recognition, imbalance between effort and reward, incivility, etc.

What the law changes in concrete terms for employers
Law 27 introduces different obligations depending on the size of the company and its sector of activity, and in particular requires the implementation of a structured approach called a prevention and participation mechanism. Even before correcting or controlling risks, it is imperative to identify them systematically and rigorously.

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In this structured approach, a health and safety committee and a representative who liaises with the CNESST must be appointed and set up internally for companies with 20 or more employees. This committee is responsible for proposing solutions, ensuring follow-up, and liaising with the CNESST. Companies with 20 or fewer employees must designate a liaison officer to facilitate communication between employees, the employer, and the CNESST.

This committee (or liaison officer) will be responsible for identifying, preventing, and mitigating all types of workplace risks, including psychosocial risks, in collaboration with human resources and management. It is also planned that the members of this committee will receive specific training supervised by the CNESST, the details of which will be specified at a later date.

 

Staff Key obligations
Less than 20 employees
  • Liaison officer
  • Risk analysis and identification (including psychosocial risks)
  • Simplified action plan
More than 20 employees
  • Health and Safety Committee (HSC)
  • Risk analysis and identification (including psychosocial risks)
  • Representative at the CNESST
  • Structured prevention program with annual action plan

Psychosocial risks: a paradigm shift

It is essential to clearly differentiate between risks and risk factors. The risks identified by the CNESST require direct intervention:

  • Harassment in the workplace
  • Violence in the workplace
  • Domestic and family violence
  • Sexual violence in the workplace
  • Exposure to a potentially traumatic event (PTE)

Psychosocial risk factors are more insidious but just as harmful depending on the degree of exposure if they are not taken into account in prevention.

  • Decision-making autonomy
  • Workload
  • Organizational justice
  • Recognition at work
  • Support at work
  • Workers' rights and obligations
  • Employers' rights and obligations

These factors must be considered on a continuum: when well managed, they become factors of protection and engagement. When ignored, they become pathogenic risk factors.

Prepare, comply, but above all, anticipate

Beyond the regulatory issue, this reform profoundly challenges the governance of organizations. Mental health at work is no longer a vague HR priority: it is becoming a strategic lever at the crossroads of performance, corporate culture, and dispute prevention.

But how can this be achieved in practice? What are the steps to follow, the pitfalls to avoid, and the winning practices?

This is the subject of the second article in this dossier, which explores the operational foundations of an effective and sustainable prevention approach.

To go further:

Organizational health program

 

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