Effective October 1, 2025, significant amendments to the Act respecting occupational health and safety (AOHS) will come into force, requiring employers to update their internal workplace health and safety procedures. In this wave of change, it is also crucial that every employer ensures their mandatory policies on psychological harassment and personal information protection remain fully compliant with current legislative requirements.
Key Changes: Emphasis on Prevention
As part of the reform initiated with the adoption of the Act to modernize the occupational health and safety system, new requirements will soon come into force. These changes will extend the application of prevention measures and worker participation mechanisms to all sectors of activity, regardless of the size of the business.
The recent AOHS amendments are designed to strengthen workplace health and safety prevention and promote a proactive approach by imposing concrete responsibilities on employers.
The key obligations to be aware of are as follows:
a. development and implementation of a prevention program for businesses with at least 20 employees;
b. development and implementation of an action plan for businesses with fewer than 20 employees, except for certain categories defined by regulation, which will instead be required to establish a prevention program;
c. mandatory creation of a health and safety committee for workplaces with at least 20 employees;
d. designation of a health and safety representative or liaison officer.
As part of the prevention program or action plan, each employer must identify workplace hazards and define corrective or preventive measures to eliminate or, at a minimum, control these hazards. The program must also include monitoring and maintenance measures to ensure the elimination and control of risks, as well as a training and information program on occupational health and safety.
It is also important to note that employers must actively consider and include psychosocial risks and those related to workplace sexual violence in their prevention approach.
Reminder: Mandatory Policies to Keep Up to Date
With the introduction of new occupational health and safety requirements, employers must also ensure that they comply with the various laws regarding mandatory internal policies, taking into account recent legislative amendments.
Psychological Harassment Prevention and Management Policy
As of October 1, 2025, the psychological harassment policy, which is mandatory under the Act respecting labour standards (ALS), will become an integral part of the prevention program or action plan required under the AOHS. It is therefore essential that every employer ensures they have such a policy in place, if they do not already, and that it complies with all legal requirements.
On September 27, 2024, certain provisions of the Act to prevent and fight psychological harassment and sexual violence in the workplace came into force, further strengthening employers’ obligations regarding their psychological harassment policy. In particular, every employer was required to update their policy to ensure it includes, among other things:
- Methods for identifying, controlling, and eliminating risks related to psychological harassment;
- Information and training programs provided for prevention;
- Procedures and mechanisms for complaints, reporting, and investigations;
- Support and protection measures for affected individuals;
- Confidentiality measures.
Each psychological harassment policy must be tailored to the organization and its specific work environment. A policy that is non-compliant, inadequate, or not properly enforced may expose employers to significant penalties under both the ALS and AOHS.
Personal Information Protection Policies
Since the coming into force of Bill 25, employers are also required to implement a policy governing the administration and management of personal information and ensuring its protection.
At a minimum, this policy must provide for and regulate:
- Management of personal information, particularly with respect to its collection and use;
- Protection and confidentiality of personal information;
- Retention and destruction of personal information;
- Roles and responsibilities of staff members;
- Handling of complaints.
To fulfill their obligations under the Act respecting the protection of personal information in the private sector, each employer should have, among other things:
- A policy on the confidentiality and protection of clients’ and website users’ personal information;
- A policy on the confidentiality and protection of employees’ personal information;
- Consent forms for job applicants, employees, and clients;
- A register of privacy incidents;
- A designated Privacy Officer, where applicable.
IN SUMMARY: What Employers Must Do
With October fast approaching, it is essential that every employer:
- Develops a compliant prevention program or action plan;
- Conducts a workplace-specific risk assessment;
- Evaluates compliance with the new AOHS obligations and addresses any deficiencies;
- Reviews and updates psychological harassment and personal information protection policies.
If an employer fails to meet any of the obligations outlined above, they may be subject to significant penalties, including complaints, fines, and administrative monetary penalties.
Our Firm Can Assist You
Whether it’s providing advice on developing your program, assisting with risk identification, drafting your policies, or ensuring compliance, we are here to help.
Avoid unpleasant surprises and take a proactive approach in compliance with your legal obligations.
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