Psychosocial risks can have a serious impact on workers’ mental and physical health. Bill 42 (PL42) marks a major turning point in Québec labour legislation. It highlights the importance of preventing psychosocial risks, such as psychological harassment and sexual violence.
This article reviews the objectives, key changes, and implications of Bill 42.
Reminder of the Contributions of Bill 59 Regarding Psychosocial Risks
The new obligations related to psychosocial risk management, strengthened by Bill 42, were first introduced with the adoption of Bill 59. This legislation explicitly integrated protection against psychosocial risks, requiring employers to assess and prevent them in the same way as physical, ergonomic, chemical, or biological risks.
In addition, the CNESST identified three main psychosocial risks: violence, harassment, and exposure to a potentially traumatic event. It also identified five risk factors: workload, recognition, decision-making autonomy, organizational justice (fairness), and support from colleagues and/or supervisors.
Key Changes Introduced by Bill 42
Bill 42 amends the Act respecting occupational health and safety (AOHS) to better protect workers against psychosocial risks. Coming into force gradually as of March 27, 2024, it includes several changes and implications for employers.
Its main objectives are to:
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Better protect workers who are victims of psychological harassment and sexual violence in the workplace
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Provide a framework for remedies intended to ensure such protection
Beyond this, the bill also introduces major changes in the prevention of psychosocial risks, including:
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An extension of employers’ obligations
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Amendments to the Act respecting labour standards (ALS): new provisions strengthen standards related to the prevention of harassment and violence in the workplace
As of March 27, 2024
- Definition of “Sexual Violence”
The bill introduces a definition of “sexual violence” that includes any form of violence targeting sexuality or any other unwanted conduct of a sexual nature. This broad definition also includes violence related to sexual and gender diversity.
As a result, employers must, if they have not already done so, implement policies and practices to prevent and stop situations involving sexual violence.
- Enhanced Protection
Individuals who report situations of harassment must now be protected against all forms of retaliation.
- Cost Allocation
Compensation costs related to occupational injuries resulting from sexual violence will be shared among all employers.
As of September 27, 2024
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Prevention and Intervention : Employers must adapt their policies and practices for managing cases of psychological harassment and sexual violence. Failure to comply with these new obligations may expose employers to legal remedies or fines.
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Training of Arbitrators : The bill provides for mandatory training for arbitrators handling grievances related to psychological harassment. This training must include components on the rights and freedoms enshrined in the Charter, in order to take into account the various forms of discriminatory harassment.
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Extension of the Claim Deadline: The bill amends the Act respecting industrial accidents and occupational diseases by extending the claim period from six months to two years for occupational injuries resulting from sexual violence.
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Introduction of Presumptions : New presumptions are introduced to facilitate the recognition of occupational injuries resulting from sexual violence.
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New Penalties : Penalties will apply to employers, their authorized representatives, and designated health professionals for any breach of the confidentiality of a worker’s file.
No Later Than October 1, 2025
(With the coming into force of regulatory provisions on prevention and participation mechanisms within establishments)
As recalled by the CNESST, the employer’s policy on psychological or sexual harassment must include measures related to training, the investigation process, and the confidentiality of the handling of complaints or reports.
In addition, this policy must be integrated into the organization’s prevention program or action plan.
As you can see, several actions must be implemented to comply with the new requirements of Bill 42.
Impact on Employers
The extent of the impact of Bill 42 will largely depend on employers’ current policies and practices regarding psychological harassment and sexual violence.
However, it remains essential for employers to become familiar with these new obligations to ensure compliance with the law.
Adopting a proactive approach will help ensure compliance and promote a safe work environment.
If you are unsure where to start or how to proceed, consider seeking support from occupational health and safety (OHS) experts such as Santinel. They can assist you through:
Training programs designed to prevent and raise awareness among teams about psychosocial risks.
Risk assessments and guidance to help develop prevention policies tailored to your work environment.
Conclusion
Bill 42 represents a significant step forward in protecting Québec workers against psychological harassment and sexual violence. By understanding and integrating the changes introduced by this legislation, employers can help create a more respectful and safer work environment. Take this opportunity to stay informed and ensure compliance with the new standards to safeguard the well-being of your employees.
