Regulation Respecting Prevention and Participation Mechanisms in an Establishment: What You Need to Know

On October 1, 2025, the new Regulation respecting prevention and participation mechanisms in an establishment (the “Regulation”) came into force. It goes along with the recent amendments to the Act respecting occupational health and safety (the “AOHS”), arising from An Act to modernize the occupational health and safety regime, adopted in 2021.

In fact, on April 6, 2022, the Temporary Regime on Prevention and Participation Mechanisms (the “Temporary Regime”) was implemented by the legislator to help workplaces prepare for the introduction of a new regime. With the new regime finally adopted in October 2025, employers must now review their operations to ensure compliance with the recent legislative changes.

This new legislative framework significantly reshapes certain employer obligations, particularly with respect to the establishment of health and safety committees (“OHS Committee”), the appointment of a health and safety representative (“OHS Representative”), as well as the implementation of a prevention program or an action plan, depending on the size of the establishment.

The coming into force of the Regulation also entails the repeal of the Regulation respecting safety representatives in establishments and the Regulation respecting health and safety committees.

This post aims to outline the requirements of these mechanisms as set out in the Regulation. The amendments to the AOHS were addressed in a previous post.

1. Prevention Program and Action Plan

First, the Regulation codifies the concept of the hierarchy of preventive measures, which had previously been recognized in Quebec’s occupational health and safety case law.

Accordingly, depending on the number of workers in their establishment, employers must ensure the development and implementation of a prevention program or an action plan aimed at promoting occupational health and safety. The measures and priorities for action to eliminate or, if elimination cannot be achieved, control the risks identified by the employer must be set out in the prevention program or action plan. When establishing these priorities, employers are now required to follow the hierarchy of preventive measures as set out below:

1. Eliminate the risk at its source;
2. Replace materials, processes, or equipment to reduce the risk;
3. Implement technical control measures for risks related to the work environment and equipment, such as installing a ventilation system or adding a guard to a machine;
4. Introduce signals to highlight the risk, such as an audible alarm or indicator light;
5. Implement administrative control measures for the risk, such as worker training and the use of safe work methods and techniques;
6. Provide workers with individual or collective protective equipment and ensure proper use and maintenance of such equipment.^[1]

If the risks cannot be eliminated, the employer must control them through a combination of the preventive measures described above.

Employers have a period of one year to develop and implement a prevention program or an action plan, starting from the date they become subject to the AOHS. All employers must therefore comply with their obligations no later than October 1, 2026.^[2]

Note that this timeframe does not apply if the employer was already subject to the obligation to develop a prevention program and becomes subject to the obligation to develop an action plan. In that case, the action plan must be implemented without delay. In the opposite situation, the timeframe applies, but the action plan must remain in place until the prevention program is implemented. This action plan or prevention program must be updated annually.^[3]

2. Classification Levels

Under the Regulation, all establishments are now classified into four categories based on the activity carried out within the establishment. This classification determines the frequency of OHS Committee meetings and the amount of time an OHS Representative may devote to performing their duties. All classifications are set out in Schedule I of the Regulation. If multiple activities are carried out in an establishment, its level corresponds to its primary activity, namely, the activity that defines the establishment’s ultimate purpose with respect to the production or distribution of goods or services^[4].

It is important for each employer to verify their classification level and the resulting obligations.

3. Health and Safety Committee

In the absence of an agreement between the parties, the Regulation sets out the composition of the OHS Committee as well as the rules governing its operation, including the number of annual meetings.

(a) Composition of the OHS Committee

Under the Regulation, the number of worker representatives on the OHS Committee, including the OHS Representative, is determined based on the number of workers in the establishment^[5]:

The procedure for designating worker representatives will depend on the presence of one or more certified associations within the establishment, as well as the presence of a group of workers not represented by an certified association. In all cases, the group of workers not represented by an certified association may not designate more members to the OHS Committee than the certified association(s) present in the establishment.^[7]

The procedure for designation in cases where multiple certified associations or a group of unrepresented workers are present is set out in the Regulation.

Note that the employer must ensure accessibility to notices of voting and nomination meetings and allow the vote to take place.^[8]

(b) Rules Governing the Operation of the OHS Committee^[9]

The operating rules set out in the Regulation apply only in the absence of an agreement among the members of the OHS Committee.

Committee members must meet at a minimum frequency based on the establishment’s classification level^[10]:

• Level 1 : 4 meetings per year;
• Level 2 and 3 : 6 meetings per year;
• Level 4 : 9 meetings per year.

Meetings must be scheduled throughout the year so that the OHS Committee meets at least once per quarter.

The OHS Committee must hold its first meeting within 30 days of the designation of its members. The Committee must also meet within 3 business days following a request from one of its members if any of the following events occur^[11]:

• The death of a worker as a result of a workplace accident;
• The total or partial loss of a limb or its use, or a significant physical trauma to a worker;
• Injuries to multiple workers preventing them from performing their duties for one working day.

The Regulation also sets out, among other things, the internal procedures for meetings and the rules regarding quorum and vacancies.

4. Health and Safety Representative

The Regulation provides that if an OHS Committee exists within an establishment, the OHS Representative is designated from among the worker representatives on the Committee.

In the absence of an agreement among the members of the OHS Committee, the minimum amount of time the OHS Representative may devote each month to performing their duties—other than those referred to in paragraphs 2, 6 and 7 of the first paragraph of section 90 of the AOHS—is determined based on the number of workers in the establishment and its classification level under Schedule I of the Regulation, as follows^[12]:

5. Training

The Regulation provides that members of the OHS Committee must obtain a one-day theoretical training certificate issued by the CNESST or by a person or organization recognized by it.^[13]

An OHS Representative who is a member of the OHS Committee must obtain an additional theoretical training certificate, while an OHS Representative who is not a member of the Committee must obtain a two-day theoretical training certificate issued by the CNESST or by a recognized person or organization.^[14]

Additionally, every OHS Representative must, within each two-year reference period starting April 1 following the date of their initial certification, obtain a certificate of participation in a program delivered by the CNESST or by a recognized person or organization. This program lasts seven hours.^[15]

The content of these training programs is set out in the Regulation.

The Regulation requires that these certificates be obtained within 120 days of the worker’s appointment. However, since the training program is not yet available, the Regulation postpones this obligation to the following dates, depending on the establishment’s classification level^[16]:

• Before October 1, 2026, for establishments classified as Level 4;
• Before April 1, 2027, for establishments classified as Level 3;
• Before October 1, 2027, for establishments classified as Level 2;
• Before April 1, 2028, for establishments classified as Level 1.

Our labour and employment law team will closely monitor developments related to these changes. For more information on this topic or for advice on how to manage the impact of these changes on your operations, do not hesitate to contact a member of our labour and employment law team.

*Acknowledgments to Laurence Mallette-Léonard for her assistance in drafting this post.*

^[1] Section 6 of the Regulation.

^[2] Section 4 of the Regulation .

^[3] Section 5 of the Regulation.

^[4] See section 2 and Schedule I of the Regulation.

^[5] Section 7 of the Regulation.

^[6] Except where the establishment includes a group of workers not represented by an certified association that has designated a committee member in accordance with section 11 of the Regulation, in which case the number is 3.

^[7] Sections 8 to 11 of the Regulation.

^[8] Section 14 of the Regulation.

^[9] Sections 17 to 30 of the Regulation.

^[10] Section 19 of the Regulation.

^[11] Section 20 of the Regulation.

^[12] Section 33 of the Regulation.

^[13] Section 31 of the Regulation.

^[14] Section 34 of the Regulation.

^[15] Section 35 of the Regulation.

^[16] Section 39 of the Regulation.