On March 27, 2024, the Government of Quebec enacted Bill 42, An Act to prevent and fight psychological harassment and sexual violence in the workplace. This new legislation introduces major provisions that employers must comply with. Below is an overview of key changes already in force or coming into force soon.
What are psychosocial risks?
In the workplace, psychosocial risks are defined as factors related to the nature or organization of work that can affect a worker’s physical and psychological health. These risks may stem from workload, organizational fairness, decision-making autonomy, recognition and support at work, the emergence of conflicts, violence, and more. Psychosocial risks can arise in any work environment and under various conditions.
What are the employer’s obligations regarding psychosocial risks?
Employer obligations fall into three categories: prevention, administration, and management.
Prevention:
Employers must take the necessary measures to protect workers’ health and ensure their physical and psychological safety and integrity. In practice, this means identifying, correcting, and controlling risks, including psychosocial risks. Employers must also protect workers who are exposed or have been exposed to psychological or sexual harassment or any form of workplace violence.
Administration:
Employers must implement a policy for the prevention of psychological and/or sexual harassment in the workplace, along with a complaint handling process. They must also establish a workplace violence prevention policy. To ensure these policies are effective, employers must introduce mechanisms such as training, occupational health and safety breaks, information sessions, awareness initiatives, workplace codes of conduct or civility, and disciplinary measures.
Management:
All employers—from microenterprises to multinationals—must take reasonable steps to prevent psychological and/or sexual harassment and workplace violence in all its forms. If such conduct is reported, they must take the necessary actions to stop it. This includes taking complaints seriously, conducting investigations when a formal complaint is filed, ensuring policies are applied, managing conflicts, and implementing corrective measures.
What changes does the Act aim to bring?
The Act focuses on prevention and handling of psychological harassment and sexual violence in the workplace, while also facilitating access to remedies for victims. Employers in Quebec will be required to review or implement various mechanisms to meet these obligations. Specifically, they must:
- Update their harassment prevention and handling policy by:
- Adding the legal definition of sexual violence;
- Specifying training for those responsible for the program and for employees;
- Clarifying the complaint process and its confidentiality for all parties involved;
- Defining expected behavior during specific events (e.g., annual BBQs, holiday parties, golf tournaments);
- Integrating the revised policy into the company’s prevention program across all establishments;
- Indicating document retention periods;
- Identify psychosocial risks present in the workplace;
- Ensure effective communication so all employees understand and apply the measures in place.
These legal changes will come into force progressively. Employers must comply with the implementation timelines. The CNESST has published a summary and schedule of these changes on its website.
Additional legal provisions
Employers must also become familiar with new legal measures, including:
- Extension of the deadline to file a claim for a work-related injury resulting from sexual violence, from six (6) months to two (2) years;
- Creation of a specialized team for sexual violence cases within the Administrative Labour Tribunal;
- The Tribunal’s ability to award punitive damages when an employer is found personally liable for harassment;
- Elimination of amnesty clauses in disciplinary records;
- Penalties for breaches of confidentiality in employee files;
- And more.
Key takeaway
Employers must stay informed about legislative changes, implement them, and ensure ongoing monitoring of compliance mechanisms.
How can a partner like Lussier help?
Lussier’s specialized advisors offer a wide range of practical services, including training, workplace investigations following harassment complaints, coaching, policy drafting, development of workplace civility codes, conflict management, and more. Their support is tailored to the employer’s needs—from identifying and analyzing psychosocial risks to implementing risk management strategies.
For more information, visit: Lussier.co/polymeres
By Vicky Martin
Vicky Martin is an Occupational Health and Safety (OHS) Prevention Advisor at Lussier (vmartin@lussier.co).
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