Compliance Reminders: Employers, have you met your obligations under the AOHS?
October 1, 2025, marked the end of the interim regime and the beginning of the permanent regime introduced under the Act to modernize the occupational health and safety regime (the “AMOHSR”).
October 1[1] also marked the end of the one-year grace period granted to employers who were not previously required, based on the number of workers in their establishment(s), to have a prevention program or an action plan.
Prior to this recent amendment to the Act respecting occupational health and safety (the “AOHS”), psychosocial risks were not specifically integrated into formal prevention mechanisms, and the management of such risks by employers was largely voluntary. The changes now in effect specifically provide that all risks (ergonomic, physical, biological, psychosocial, chemical and safety-related) must be taken into account in any prevention program or action plan[2]. It should be noted that psychosocial risks include risks related to sexual violence[3].
Note that for a first offence under the AOHS, employers who fail to comply with these new obligations are subject to fines of up to $2,115 for an individual and $4,226 for a legal person[4].
In case you missed the recent legislative developments and the steps required to comply with them, here is a summary to help you navigate these changes[5].
For Employers With 20 or More Workers
These employers must develop, implement and maintain a prevention program[6]. In addition to identifying and analyzing risks affecting worker health, including psychosocial risks, this program must also include prevention measures and prioritize actions to eliminate all workplace risks or, if this is not possible, to control them. Monitoring, assessment, maintenance and follow-up measures must also be included to ensure that identified risks are eliminated or controlled.
These employers must also establish a Health and Safety Committee (H&S Committee)[7]. This must be a joint committee that includes both worker and employer representatives. It must meet at least once every three months and actively participate in identifying and analyzing risks and in developing the prevention program. The H&S Committee’s many functions include providing written recommendations to the employer.
Employers with 20 or more workers must also appoint a health and safety representative[8] in establishments that have an H&S Committee. This person must be designated from among the workers and automatically becomes a member of the H&S Committee. That person’s duties[9] include collaborating on the development and implementation of the prevention program, accompanying the inspector during workplace inspections, receiving incident notices, conducting investigations into incidents or accidents, and completing the legally required training to fulfill their obligations in this role.
For Employers With 19 or Fewer Workers
These employers must develop an occupational health and safety action plan[10]. This plan is a “simplified” version of a prevention program and must include specific prevention measures similar to those required under a prevention program, while being tailored to the employer’s work environment and available resources. This action plan also addresses psychosocial risks, which, as mentioned earlier, include risks related to sexual violence.
All employers, regardless of the number of employees, must update either their prevention program or action plan annually[11].
Although the AOHS does not require employers with 19 or fewer workers to establish an H&S Committee, a health and safety liaison officer must be designated for the establishment[12].
Risk Analysis
When analyzing risks in your workplace, it is important to identify psychosocial risks by considering various work-related risk factors, including decision-making autonomy, workload, organizational justice, recognition and workplace support. This analysis will help your organization determine the measures and actions needed to eliminate these risks or, if this is not possible, to control them[13].
It is strongly recommended that you conduct a thorough analysis to ensure that your prevention program or action plan reflects the specific conditions in your workplace. Employers will be required to demonstrate not only that their prevention program or action plan exists but also that it is effectively implemented.
