Overview of provisions of the AROHS (Quebec): towards a generalized application?/Bilan relatif aux dispositions de la LSST: vers une application integrale?/ Balance relativo a las disposiciones de la LSSO: ?Hacia una aplicacion integral?

• Published in: Relations industrielles (Québec, Québec) Québec), 2013-09, Vol.68 (4), p.682
• Main Authors: Baril-Gingras, Genevieve, Vezina, Michel, Lippel, Katherine
• Format: Article
• Language: English
• Subjects: Analysis; Laws, regulations and rules; Occupational health and safety; Safety regulations
• ISSN: 0034-379X

More than thirty years after the adoption of the Quebec Act respecting occupational health and safety (AROHS), the regulations respecting the prevention programme (PP), the health programme specific to the establishment, joint OHS committees (JOHSC) and workers' safety representatives (WSR) have not yet been implemented in all occupational sectors, as was the original intention. The AROHS contains provisions respecting JOHSC's and WSR's on construction sites that are still not in force. Can this be justified, if one takes into account the cumulative scientific knowledge on these types of measures, and their adoption elsewhere? This article addresses these questions. In the vast majority of Canadian jurisdictions, measures such as the PP, the JOHSC and the WSR (in small workplaces) are mandatory in all economic sectors. Studies about systems similar to the PP show positive results, as is the case in Quebec when the effective implementation and the content of the programmes are take into account. Literature reviews on health programmes indicate positive results, such as the implementation of primary prevention measures, as is the case for studies completed in Quebec. At the international level, more favorable OHS results are observed where there is representative participation of workers than where the employer manages health and safety by itself. Studies support the relevance of provisions like the JOHSC, while also documenting the conditions necessary for effectiveness; studies from Quebec generally show positive intermediate and final results. As for the WSR, they stimulate preventive activities. In construction, these representation mechanisms have a positive and important role to play. The review of the scientific literature illustrates the determining role of context and the conditions of implementation: this may help define public policy. All in all, the fact that these provisions at the heart of the AROHS do not cover all economic activity sectors cannot be justified based on scientific knowledge and on their application in other jurisdictions. Their adoption could, in the future, serve as the foundation for other measures that are required to respond to the changes in employment relations and the nature of work.