Last November, we informed you of the new occupational health and safety obligations arising from the Regulation respecting prevention and participation mechanisms in establishments (the "Regulation"), which came into force on October 1, 2025.
The Regulation establishes the rules applicable to establishments regarding the prevention program, the action plan, the health and safety committee, and the health and safety representative. We remind employers that they have a period of one (1) year from October 1, 2025, until October 1, 2026, to comply with the obligations set out in the Regulation.
The Level-Based Classification System
In recent months, employers with twenty (20) or more workers in their establishment have received correspondence from the CNESST informing them of their establishment's classification as part of participation mechanisms. Employers are classified into levels ranging from 1 to 4, based on the North American Industry Classification System (NAICS 2012), published by Statistics Canada.
Section 2 of the Regulation specifies that if several activities are carried out in an establishment, the establishment's level corresponds to that of its main activity, defined as "the activity that constitutes the purpose of the establishment for the production or distribution of goods or services." This level determination is based on the nature of the activities carried out in the establishment and falls under the CNESST's jurisdiction.
The establishment's level classification will determine, in the absence of an agreement between the members of the health and safety committee, several important elements.
Frequency of Health and Safety Committee Meetings
Section 19 of the Regulation establishes the minimum meeting frequencies as follows:
The Regulation specifies that meetings must be held so that the committee meets at least once per quarter. It is important to note that a transitional provision applies: for an establishment that did not have a health and safety committee formed as of September 30, 2025, and whose classification is level 4, the minimum frequency is 6 meetings per year for the period from October 1, 2025 to October 1, 2026.
Minimum Release Time for the Health and Safety Representative
Section 33 of the Regulation provides for the minimum monthly time that the health and safety representative may devote to the exercise of their duties, in the absence of an agreement between the committee members. This time varies according to the number of workers and the establishment's level. For example, for an establishment with 20 to 50 workers, the minimum monthly time ranges from 3 hours (level 1) to 13 hours (level 4).
Transitional measures also apply: for establishments that did not have a prevention representative as of September 30, 2025, the minimum time is that of level 2 for establishments classified as level 3, and that of level 3 for establishments classified as level 4, for the period from October 1, 2025 to October 1, 2026.
Mandatory Training
The classification also defines the maximum date by which members of the health and safety committee and the health and safety representative must obtain their mandatory theoretical training certificate, which will be offered by the CNESST in the coming months. Section 39 of the Regulation establishes the following deadlines:
These deadlines apply to members designated before these dates. In all cases, a member must obtain their certificate within 120 days of their designation if this period is longer. The training, lasting a minimum of one day, must cover the legislative and regulatory framework, the content of the prevention program, the committee's functions, as well as the identification and analysis of risks.
Potential Sources of Confusion
Some employers have reacted strongly to their classification, particularly those who have been assigned level 4, the highest level, while the activities carried out in their establishment are purely administrative in nature and normally involve a lower level of risk. This situation is explained by the fact that the classification is based on the NAICS code of the company's main activity rather than on an assessment of the actual risks of each establishment.
Furthermore, some confusion persists regarding the interpretation of the Regulation. Although the CNESST indicates that the classification level will be used only in the absence of an agreement between the employer and the workers, Section 17 of the Regulation specifies that the minimum operating rules "apply only in the absence of an agreement between the members of the health and safety committee." However, Section 19, which deals with meeting frequency, uses the term "minimum frequencies," which may suggest that these frequencies apply in all cases as a floor.
On the other hand, the Guide published by the CNESST for establishments with 20 or more workers provides examples of health and safety committee meeting frequencies according to level, but specifies that these examples are applicable "whether or not there is an agreement between the parties," which adds to this confusion. It will be interesting to see which interpretation the CNESST will favour in practice.
Challenging the Classification
For employers who wish to challenge the classification level assigned by the CNESST, it should be noted that to date, no formal challenge process has been established. We will keep you informed if any changes are made in this regard.
Absence of Impact on Contributions
Finally, it is important to emphasize that the classification level determined by the CNESST for participation mechanisms has no impact on the classification units assigned to employers for contribution purposes. These two classification systems remain distinct and independent.
Stay tuned to our publications for any updates regarding the Regulation respecting prevention and participation mechanisms in establishments and the resulting obligations.
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