New rules mean employers must identify risks, document H&S assessments, monitor effectiveness
Quebec employers now have new legal obligations to protect not only the physical safety but also the mental and emotional well-being of their workforce, thanks to the latest phase in the implementation of new legislation.
The latest phase of Quebec’s Bill 27, the Act to Modernize the Occupational Health and Safety Regime, came into force Oct. 6, making the identification, assessment, and prevention of psychosocial risks a legal requirement for all workplaces in the province.
According to Blakes lawyers Natalie Bussière and Natalia Leon, and articling student Luther Mourinet, “Employers are now required to take the necessary measures to identify, assess and eliminate work-related psychosocial risks.” This includes:
- Identifying and assessing psychosocial risks in the workplace
- Establishing procedures for employee participation
- Documenting Health and Safety Committee (H&S Committee) assessments, prevention plans, and decisions
- Continuously monitoring and evaluating the effectiveness of implemented measures.
Psychosocial risks at work
Psychosocial risks (PSRs) refer to workplace factors that may negatively impact an employee’s mental or psychological health. These include chronic stress, excessive workload, harassment, bullying, violence, lack of recognition, feelings of isolation, and unclear roles.
These requirements apply to all employees, including teleworkers. Employers must identify risks specific to remote work and take steps to prevent them.
Under the new rules, workplaces with 20 or more employees:
- Must implement a formal prevention policy covering psychosocial risks
- Establish an H&S Committee with equal employer and employee representation
- Appoint at least one prevention representative from among employees
Meanwhile, workplaces with fewer than 20 employees:
- Must prepare a written action plan to eliminate or control risks, including psychosocial risks
-
Appoint a health and safety liaison officer, who must complete training approved by Quebec’s CNESST (the province's Commission for Labour Standards, Equity, Health, and Safety at Work)
Regardless of size, the CNESST can require any employer to establish an H&S Committee or implement a full prevention program.
“Bill 27 requires employers to treat psychosocial risks with the same importance as physical health and safety risks,” said Stephanie Guerin-Tremblay, senior manager for Consulting - Human Resources & Organizational Development at MNP. Failing to comply can result in fines and penalties, but the benefits of compliance go beyond legal risk. Addressing PSRs can reduce absenteeism, lower turnover, and improve productivity.
Psychological safety 'legal obligation'
Linda Crockett, a workplace psychological safety expert, states: “Bill 27 makes psychological safety a legal obligation, not just good practice.” She warns that neglecting these duties can lead to fines of up to $20,000 for a first offence and even greater reputational damage. “Neglecting psychological safety destroys trust, morale, and productivity – and can cause real harm,” Crockett adds.
Failure to comply can result in fines of up to $20,000 for a first offence, higher penalties for repeat violations, and potential legal or reputational damage, according to Linda Crockett, founder of the Canadian Institute of Workplace Bullying Resources.
Psychosocial risks have very real impacts, which include the following, according to Natalie Purkhardt, Partner, Libera HR by Crowe BGK:
- Increased rates of stress, burnout, and absenteeism
- Higher turnover and recruitment costs
- Legal exposure under the CNESST if prevention obligations are not met
- Measurable effects on cardiovascular health, musculoskeletal issues, and workplace accidents
“It is essential for employers to assess their level of compliance with these new requirements, update their internal policies accordingly and provide their managers with the necessary training” noted the Blakes experts.
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'Missing link' to Quebec legislation
Despite the new legislation, Crockett argues it has a “missing link.”
“While Bill 27 is a historic step toward recognizing psychosocial risks, the language still falls short of where Canada needs to go,” she said.
“To create workplaces that truly protect people, legislation must evolve to include psychological safety, psychological hazards, psychological injuries, and trauma-informed principles as core standards, not optional ideals. These are not abstract concepts; they are measurable, actionable, and evidence-based frameworks that determine whether a workplace is safe, inclusive, and sustainable.”
Purkhardt, meanwhile, claimed that Bill 27 cannot succeed without “genuine collaboration.”
“Employees need to feel safe to speak up, and employers must show that feedback leads to real change.
“When employees are ‘happy to participate,’ it means they trust the process, believe their voices matter, and recognize that leadership values their well-being. This is the spirit of Law 27.”
A recent international survey measuring work wellbeing across seven countries found that Canada ranks the lowest, with just 20% of respondents saying they are thriving at work.
