By Catherine Demers, Lawyer
Law 27, officially titled An Act to Modernize the Occupational Health and Safety Regime1 (“Law 27“), constitutes one of the most significant reforms to the Occupational Health and Safety Act2 (“OHSA“) since its coming into force in 1979. Enacted with the objective of enhancing the protection of workers’ physical and psychological health, Law 27 substantially amends the legal and regulatory framework governing employers in Québec, effective October 6, 2025.
1. Expansion of the Scope of the OHSA
Law 27 extends the applicability of the prevention regime to all sectors of economic activity, thereby abolishing prior distinctions and exclusions. Henceforth, all employers, regardless of whether they employ 20 or fewer workers, are subject to statutory prevention and participation obligations in matters relating to occupational health and safety.
This broader application seeks to harmonize preventive practices and strengthen the culture of prevention across workplaces in Québec.
2. Inclusion of Psychosocial Risks in Occupational Health and Safety
A cornerstone of the reform is the express recognition of psychosocial risks (PSR) associated with work — such as stress, psychological harassment, work overload, isolation, and lack of recognition — as occupational risk factors that may adversely affect workers’ health.
Accordingly, employers are now required to address such risks on an equal footing with physical hazards. Article 51 of the OHSA, which establishes the employer’s general duty, must now be interpreted in light of this modernization: employers must “take the necessary measures to protect the health, safety, and physical and psychological integrity of workers.”
3. New Mandatory Prevention Instruments
Law 27 introduces two distinct mandatory prevention instruments, depending on the size of the establishment:
(a) Prevention Program (PP)3
For establishments employing twenty (20) or more workers, the employer must develop, implement, and maintain a prevention program compliant with the OHSA and its regulations. The program must4, inter alia:
- Set out the preventive process, including:
- Identification and analysis of risks, including psychosocial risks;
- Determination of measures to eliminate or control identified risks;
- Implementation of monitoring, evaluation, maintenance, and follow-up procedures.
- Address the organization of prevention, including:
- Communication to workers regarding identified risks and preventive measures;
- Provision of personal protective equipment;
- Establishment of a training and information program on occupational health and safety;
- Maintenance of an adequate first-aid service; Adoption of a policy for the prevention and management of psychological harassment.
(b) Action Plan (AP)5
For establishments employing fewer than twenty (20) workers, the employer must prepare an Action Plan specifying objectives, preventive measures, and timelines for the reduction of occupational risks. The Action Plan constitutes a simplified version of the Prevention Program.
Both the Prevention Program and the Action Plan must be made available for consultation by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) and by workers or their representatives.
4. Enhanced Worker Participation Mechanisms
Law 27 strengthens participatory governance in occupational health and safety by establishing or adapting structures that facilitate collaboration and dialogue between employers and workers:
- In establishments with twenty (20) or more workers, a Health and Safety Committee (HSC) must be constituted, composed equally of representatives of workers and of the employer6.
- In smaller establishments, a Health and Safety Liaison Officer (HSLO) must be designated from among the workers to ensure follow-up and communication on health and safety matters7.
These participatory mechanisms are intended to promote consultation, oversee the implementation of the Prevention Program or Action Plan, and monitor corrective measures. They aim to foster joint responsibility for occupational health and safety and to enhance communication between workers and management.
5. Obligations Relating to Training, Information, and Recordkeeping
Employers are under a statutory obligation to provide adequate training to both managers and workers concerning the prevention of occupational risks, including psychosocial risks. They must also document and retain evidence of all actions undertaken in compliance with their prevention obligations.
Conclusion
Law 27 represents a paradigm shift in the employer’s duty of care under Québec’s occupational health and safety regime. It establishes a proactive, integrated, and documented prevention obligation, encompassing not only physical but also psychological well-being. Compliance is now measured not by reaction to workplace incidents, but by the systematic prevention of risks. Employers are therefore advised to review and update their internal policies, governance structures, and management practices to ensure conformity with this new legal framework, failing which they may be exposed to heightened regulatory scrutiny, administrative penalties, and potential civil liability.
By: Me Catherine Demers, Lawyer
1. LQ 2021, c 27
2. chapitre S-2.1
3. CNESST, “Programme de prévention”
https://www.cnesst.gouv.qc.ca/fr/prevention-securite/organiser-prevention/mesures-specifiques-etablissements/appliquer-mecanismes-prevention-participation/mecanismes-prevention/faire-programme-prevention/programme-prevention-etablissement
4. CNESTT, “Contenu du programme de prévention”, consulté en ligne le 8 novembre
https://www.cnesst.gouv.qc.ca/fr/prevention-securite/organiser-prevention/mesures-specifiques-etablissements/appliquer-mecanismes-prevention-participation/mecanismes-prevention/faire-programme-prevention/contenu-programme-prevention
5. CNESST, “Contenu du plan d’action” consulté en ligne le 8 novembre 2025,
https://www.cnesst.gouv.qc.ca/fr/prevention-securite/organiser-prevention/mesures-specifiques-etablissements/appliquer-mecanismes-prevention-participation/mecanismes-prevention/faire-plan-action/contenu-plan-daction
6. CNESST, “Comité de santé et de sécurité”, consulté en ligne le 8 novembre 2025,
https://www.cnesst.gouv.qc.ca/fr/prevention-securite/organiser-prevention/mesures-specifiques- etablissements/appliquer-mecanismes-prevention-participation/mecanismes-participation/mettre-en-place- comite-sante-securite/comite-sante-securite
7. CNESST, “Agent de liaison en santé et sécurité”, consulté en ligne le 8 novembre 2025
https://www.cnesst.gouv.qc.ca/fr/prevention-securite/organiser-prevention/mesures-specifiques-etablissements/appliquer-mecanismes-prevention-participation/mecanismes-participation/agent-liaison-sante-securite