Fight against harassment and violence in the workplace: a second wave of legislative amendments now in effect in Quebec

As was announced in an earlier update, a second wave of amendments to the Act respecting labour standards (ALS) and the Act respecting industrial accidents and occupational diseases (AIAOD) came into effect on September 27. These changes stem from the coming into force of the Act to prevent and fight psychological harassment and sexual violence in the workplace. Bear in mind that a first series of amendments came into effect on March 27, 2024.

The most significant of the changes in effect since September 27 include the following.

Psychological harassment prevention policies

Policies to prevent and manage situations of psychological harassment in the workplace must now comply with the minimum content defined by the ALS. If you haven't already done so, it is crucial that you revise your policy to ensure it is compliant and thus avoid exposing yourself to a fine.

Also, by no later than October 6, 2025, this policy will have to be included in the employer's prevention program or action plan.

For more information on the contents of these policies, see our update from last June 28.

New presumptions regarding employment injuries and occupational diseases

New presumptions will be coming into force to alleviate the burden of proof placed on workers:

• If a worker suffers from sexual violence committed by an employer, or any of the employer's executive officers in the case of a legal person or a work colleague, the injury or disease resulting from this violence will be presumed to have "arisen out of" or "in the course of" work.
• Any disease arising within three months of the sexual violence suffered by the worker in the workplace will be presumed to be an "employment injury."

Clarifications regarding access to medical records held by the CNESST regarding workers

As was the case before the legislative amendments brought by the AIAOD came into effect, only a health professional designated by the employer has access to the medical records regarding a worker's employment injury before an application for administrative review is filed. However, the AIAOD now specifies that the designated health professional who reports to the employer once the worker's medical records have been analyzed may only communicate to that employer the information that is necessary to summarize the record or give an opinion that enables the employer to exercise its rights.

The unlawful disclosure of information by a health professional,as well as the obtaining of (or attempt to obtain) a medical record by an employer, will constitute offences punishable by a fine of $1,000 to $5,000 in the case of natural persons, and $2,000 to $10,000 in the case of legal persons.

It might therefore be advisable to review your practices for handling employment injury files, and to make sure that any external firm you retain or internal health professional is fully aware of these legal obligations.

Extension of time for filing a claim for employment injuries or occupational diseases

Finally, note that the time limit for filing a claim with the CNESST for an employment injury or occupational disease resulting from sexual violence was extended from six months to two years.

If you have any questions regarding these new provisions, our labour and employment team is available to assist you.

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