You are reaching 20 workers

One more hire, and your establishment crosses the 20-worker threshold. For the CNESST, that number changes how prevention is organized: the action plan gives way to a prevention program, a health and safety committee and a workers’ representative.

These obligations come from An Act to modernize the occupational health and safety regime, passed in 2021 as Bill 59 and often called “Law 27” (S.Q. 2021, c. 27). The permanent regime has been in force since October 1, 2025, with the Regulation respecting prevention and participation mechanisms in an establishment. It applies to establishments in every sector of activity.

None of this requires a health and safety department. It takes a method, a calendar and the real participation of your people.

How to count your 20 workers

The threshold is calculated per establishment, not for the whole business: it covers any establishment employing at least 20 workers during the year (sections 58 and 68 of the Act respecting occupational health and safety). Count full-time, part-time and occasional staff, interns and students with an employment contract, temporary foreign workers, and agency workers whose services are leased or loaned to you. Employer representatives — managers, forepersons, supervisors — are not counted.

No committee is required if the establishment has 20 workers or more for fewer than 21 days in the year; a health and safety liaison officer is designated instead.

The prevention program: one year to build it

The employer has one year from the moment it becomes subject to the requirement to prepare and implement its prevention program, provided it keeps its action plan in place in the meantime (section 4 of the regulation). It then updates the program every year (section 5) and, every three years, sends the CNESST its action priorities and the progress of its measures, on the prescribed form (section 60 of the Act).

The program must include, among other things (section 59): identifying and analyzing risks, including psychosocial risks and those related to sexual violence; the measures and priorities to eliminate or, failing that, control them, with timelines; monitoring, evaluation, maintenance and follow-up measures; personal protective equipment; training and information; the list of hazardous materials; first aid; and your psychological harassment prevention policy, which forms an integral part of it.

The health and safety committee

The committee brings together workers’ and employer representatives; workers hold at least half the seats. Without an agreement, an establishment of 20 to 50 workers generally has two workers’ representatives, and one of 51 to 100 has three (section 7 of the regulation). Where there is no union, workers designate their representatives by vote, at a meeting called by one of them and announced at least five days in advance (section 13).

The committee holds its first meeting within 30 days of its members being designated (section 18), then meets at least once a quarter: four times a year at level 1, six at levels 2 and 3, nine at level 4 (section 19). The level depends on the establishment’s main activity; the CNESST has an online tool to find it. Each member must obtain a certificate for at least one day of training within 120 days of being designated (section 31), or later under transitional deadlines that run until 2028 (section 39).

The health and safety representative

At least one health and safety representative is designated from among the workers’ representatives on the committee (section 87 of the Act, section 32 of the regulation). The representative inspects the workplace, investigates accidents, takes part in identifying risks and assists workers in exercising their rights (section 90 of the Act). Without an agreement, the regulation sets a minimum amount of time each month for these functions: in an establishment of 20 to 50 workers, from 3 hours at level 1 to 13 hours at level 4 (section 33).

And if headcount drops below 20?

The prevention program and the committee must be maintained until December 31 of the following year (sections 58 and 68 of the Act). A quieter quarter does not reset the clock.

Official sources

This summary follows the Act, the regulation and the CNESST’s pages, some of which exist in French only. It is not legal advice: if in doubt, the text of the law prevails.

Your checklist

Count the workers in each establishment, agency and part-time staff included
Find the establishment’s level with the CNESST’s online tool
Have the workers’ representatives designated, then hold the committee’s first meeting within 30 days
Register committee members and the representative for the required training
Build the prevention program within the year, keeping the action plan in place until then
Include your psychological harassment prevention policy in it
Keep the committee’s minutes for at least five years
Plan the program’s yearly update and sending the priorities to the CNESST every three years

How Nova can help

The Nova Toolkit, through its Essential HR kit, puts your mandatory policies in place, including the one on psychological harassment. Nova Compliance then takes over: a calendar of your employer obligations, the prevention program kept up to date and a review every year.

The threshold is crossed. Where do we start?

In one hour, at no charge, we look at your headcount, your level and what already exists, and we establish what is urgent.

First meeting, no charge