On October 27, the Minister of Labour, Jean Boulet, tabled Bill 59, entitled An Act to modernize the occupational health and safety system. This bill contains a number of elements that would entail major changes for employers. Here’s an overview.
Occupational Health and Safety Act
At present, only a few sectors of activity are required to set up an occupational health and safety committee and/or a prevention program. The new bill extends this obligation to all sectors of activity.
The bill also stipulates that employers must take appropriate measures to protect their workers. Whether they are exposed to domestic or family violence in the workplace, in a telecommuting context, this new requirement could pose a significant challenge for many employers.
Act respecting industrial accidents and occupational diseases
Indeed, this bill considerably modifies the provisions relating to occupational diseases. Firstly, an oncology occupational disease committee could be set up. The role of this committee would be to determine whether the particular characteristics or risks of an occupation could be responsible for an employee developing cancer.
Also, the schedules of the Act containing the presumptions applicable to the development of certain diseases in employees working in trades with specific characteristics would be repealed and replaced by a new, more explicit regulation on occupational diseases. The new regulations would even include a presumption for certain aspects of post-traumatic stress.
Elements related to rehabilitation would also be significantly modified. In particular, the CNESST, as part of a rehabilitation program, could order the adjustment of tasks and the modification of work schedules or organization.
Bill 59 also authorizes the contestation of a CNESST decision on a medical or financial issue directly to the administrative labour tribunal. What’s more, it would be possible to do this without going through the administrative review department.
Finally, section 329, which provides for cost-sharing when a worker has a personal condition pre-existing his work accident, would be amended. New requirement: proof that, prior to the injury, the personal condition resulted in a significant and persistent incapacity that caused the worker to encounter obstacles in performing everyday activities.
Claims eligibility rate
Many of these changes will make it even more difficult to contest occupational disease claims. What’s more, the changes planned for section 329 are so extensive that they completely distort this section of the law, and make it almost impossible to obtain cost sharing under this section. We can also foresee an increase in the time limits for all challenges before the administrative labor court.
Of course, all these modifications are still under study, and will remain so for several months to come. We will confirm as soon as possible which provisions of the bill will be adopted by the National Assembly.
