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Month In Review – Quebec

LAWS & ANNOUNCEMENTS

Industry Challenges

Jan 17: CNESST proposed changes to OHS mining regulations affecting: i. training for workers using explosives; ii. explosive management programs at mines; iii. mechanical purging; iv. seismic excavations in underground mines; iv. transporting explosives in underground mines; v. drill rock in open pit mines; and vi. downhole marking and drilling distance in underground mines.

Workplace Harassment

Feb 7: Bill 42 adding new workplace harassment and violence protections to Québec’s Labour Code and OHS Act is now in Committee and likely to pass before the session ends. Highlights: i. Mandatory sexual violence training for psychological harassment claims arbitrators; ii. Extended deadline for sexual violence claims; iii. Ban on reprisals for reporting psychological harassment; and iv. Higher fines and punitive damages for psychological harassment.

Action Point: Find out how to make your workplace psychologically safe

 

Confined Spaces

Feb 13: CNESST published the results of its investigation into the poisoning of a cleaning worker while vacuuming toxic dust inside a hopper that was part of an electrofilter system at Fonderie Horne factory. The worker was engulfed by a large dust accumulation that fell on him with enough force to remove his air-supplied respirator and safety helmet, forcing him to ingest the toxic materials. CNESST cited the employer for its inadequate confined space entry program and underestimating the dangers to workers inside the vat.

Action Point: Use the OHSI Confined Spaces Compliance Game Plan to avoid confined space fatalities and violations at your workplace

Transportation Safety

Feb 8: Legislation (Bill 48) authorizing the government to impose administrative monetary penalties for traffic offences observed via use of an electronic detection system is working its way through the Québec Assembly. Regulations setting the ground rules for deployment of detection systems and listing the kinds of offences subject to penalties will be necessary to implement the Bill when and if it passes.

Emergency Response

Jan 31: Newly tabled Bill 50 requires regional municipalities to implement a risk management process in collaboration with local municipalities for assessing and responding to disasters in their territory.

Workers Comp

Mar 15: That’s the final day for Québec employers to submit their workers comp data payroll reports to CNESST listing actual 2023 payroll expenses and estimated expenses for 2024 to avoid the risk of potential late fees, interest and penalties.

CASES

Fall Protection: Employer Didn’t Use Due Diligence to Prevent Guardrail Violation

CNESST cited a construction company after observing workers at the edge of a mezzanine over 3 metres high where no guardrail was in place. The company denied that it was the workers’ employer and claimed there was no proof that the fall distance was over 3 metres. But the Québec court rejected both arguments. And since the employer couldn’t prove that it showed due diligence to prevent the violation, it ruled guilty on the OHS charge [CNESST c. Construction Quatrium inc., 2024 QCCQ 308 (CanLII), February 6, 2024].

Action Point: Find out how to implement a legally sound Fall Protection Compliance Game Plan at your site

Machine Guarding: No Proof Worker Deliberately Shut Down Conveyor in Act of Sabotage

An industrial bakery fired a shipper for what it called an act of sabotage, that is, deliberately hitting the bypass button of the conveyor mechanism resulting in a production line shutdown of 30 minutes. The shipper vehemently denied the accusation. After looking at all of the evidence, the Québec arbitrator ruled that the employer didn’t meet its burden of proving the charge and upheld the grievance. The only direct evidence of guilt was tape showing that the shipper was near the conveyor at the time of the shutdown. To make out the case that he deliberately activated the bypass switch, the employer had to rely on circumstantial evidence. Not good enough, the arbitrator concluded, ordering the shipper to be reinstated [Syndicat International des Travailleurs et Travailleuses de la Boulangerie, Confiserie, Tabac et Meunerie, FAT-COI, CTC FTQ, Section locale 55 (S.I.T.T.B.C.T.M) v Boulangerie Canada Bread Ltée, 2024 CanLII 8910 (QC LA), February 8, 2024].

Workplace Violence: 3-Months’ Suspension Without Pay Is Fair Penalty for Threatening Violence

An overhead crane operator with a lengthy disciplinary for lateness and unexcused absences learns that his partner has left the house leaving his 12-year-old son alone. He explains the situation to the HR director and asks permission to leave work. Given his previous attendance issues and the fact that this is the operator’s final day before a 2-week vacation, HR denies the request. The conversation turns heated and the operator, red in the face, threatens to bash his bosses in the head with a baseball bat. As a result, he’s suspended without pay for 3 months. While acknowledging that discipline is in order, the union contends that the penalty is too harsh given the operator’s nearly 25 years of service at the plant, genuine remorse and the unpremeditated nature of his behaviour. But the Québec arbitrator is un-swayed and upholds the penalty, reasoning that the operator’s threats were serious and warrant severe discipline [Union of workers in manufacturing industries – CSN, CANAM buildings and structures section c CANAM Bâtiments et structures inc., 2024 CanLII 4268 (QC SAT), January 18, 2024].

Action Point: Find out how to implement an effective workplace violence and harassment compliance game plan at your site