S-2.1 - Act respecting occupational health and safety

Full text
223. The Commission may make regulations
(1)  establishing categories of establishments, according to the activities carried on, the number of employees, the dangers to the health and safety of workers or the frequency and seriousness of accidents and occupational diseases;
(2)  determining what other works may be included in the definition of the words “construction site” in section 1;
(3)  listing contaminants or dangerous substances, classifying them, identifying the biological or chemical agents and determining for each class or each contaminant a maximum permissible quantity or concentration of emission, deposit, issuance or discharge at a workplace, prohibiting or restricting the use of a contaminant or prohibiting any emission, deposit, issuance or discharge of a contaminant;
(4)  defining the properties of a substance that make it a dangerous substance;
(5)  determining the cases where a student is deemed to be a worker or a construction worker within the meaning of this Act;
(6)  identifying the contaminants in respect of which a worker may exercise his rights under section 32, determining the criteria of deterioration of health associated with each contaminant warranting the exercise of that right, specifying the conditions of the protective re-assignment of a worker and his return to his duties, and determining the form and tenor of the certificate contemplated in sections 32, 40 and 46;
(7)  prescribing measures for the supervision of the quality of the work environment and standards applicable to every establishment or construction site in view of ensuring the health, safety and physical well-being of workers, particularly with regard to work organization, lighting, heating, sanitary installations, quality of food, noise, ventilation, variations in temperature, quality of air, access to the establishment, means of transportation used by workers, eating rooms and cleanliness of a workplace, and determining the hygienic and safety standards to be complied with by the employer where he makes premises available to workers for lodging, meal service or leisure activities;
(8)  determining the safety measures against fire that must be taken by an employer or principal contractor;
(9)  determining, by category of establishments or construction sites, the individual and common protective devices and equipment that the employer must put at the disposal of the workers, free of charge;
(10)  determining the content of the registers that the employer must keep and update in conformity with section 52;
(11)  fixing the minimum age at which a worker may carry out particular work it specifies;
(12)  fixing, in such cases or circumstances as it may indicate, the maximum daily or weekly number of hours that may be devoted to particular work, according to the nature of the work, the place where it is carried out and the physical capacity of the worker, and prescribing the distribution of these hours and a minimum rest period or meal period;
(13)  requiring, in such circumstances as it may indicate, a pre-employment medical checkup or medical examinations during employment, determining the content and standards of the examinations, their time or frequency and the form and tenor of the related medical certificate, and requiring a medical certificate for any work it specifies and prescribing its form and tenor;
(14)  indicating the cases or circumstances in which new construction or alterations to existing installations must not be undertaken without prior transmission to the Commission of the architect’s or engineer’s plans and specifications, and indicating the time, terms and conditions of their transmission; prescribing standards of construction, development, maintenance and demolition;
(15)   specifying the content and the time, terms and conditions of transmission of a notice of opening or closing of an establishment or construction site;
(16)  determining the cases and circumstances where an establishment or construction site must be considered remote, and the living conditions to be maintained there by the employer for the benefit of the workers;
(17)  determining the categories of establishments for which a prevention program must be implemented, the minimum compulsory content of a prevention program for each category of establishments or construction sites, and the time, terms and conditions of transmission of a prevention program and its updating to the Commission;
(18)  determining the form and content of the report that an employer must make under section 62;
(19)  prescribing standards respecting the safety of such products, processes, equipment, materials, contaminants or dangerous substances as it specifies, indicating the directions for their use, maintenance and repair, and prohibiting or restricting their use;
(20)  determining the time, terms and conditions of transmission of a notice contemplated in section 64, and its form and content;
(21)  determining the cases and circumstances where a label or a notice must indicate the dangers inherent in a contaminant or dangerous substance and indicate the safety measures to be taken in handling or using the contaminant or substance;
(21.1)  defining and identifying hazardous products, establishing a classification of such products, and specifying the criteria or methods for classifying them into the categories identified;
(21.2)  excluding products from the application of subdivision 5 of Division II of Chapter III or certain of its provisions;
(21.3)  (subparagraph repealed);
(21.4)  prescribing labelling and posting standards applicable to hazardous products present or manufactured in a workplace and prescribing, in particular,
(a)  the information that a label or sign must contain;
(b)  the form of labels or signs;
(c)  measures for the up-dating and renewal of labels and signs and for their replacement in case of loss, destruction or deterioration;
(d)  circumstances in which a label may be replaced by a sign or another means of information specified in the regulation;
(21.5)  prescribing standards applicable to safety data sheets concerning hazardous products present or manufactured in a workplace and prescribing, in particular,
(a)  the information that a safety data sheet must contain;
(b)  the form of safety data sheets and the methods of reproduction permitted to facilitate access thereto;
(c)  the updating, distribution, conservation and replacement of safety data sheets;
(21.6)  prescribing the minimum content of a training and information program contemplated by section 62.5 and determining how the program is to be updated and how the skills required by the workers are to be acquired;
(21.6.1)  determining the information regarding which an application for exemption may be filed under section 62.7;
(21.6.2)  determining the information that must appear on a label or safety data sheet when information is exempted from disclosure;
(21.7)  (subparagraph repealed);
(22)  determining the categories of establishments in which a health and safety committee may be formed and fixing, by category, the minimum and maximum number of members of a committee; establishing rules of operation for committees and determining the procedure, terms and conditions of appointment of the members representing the workers in the cases provided in section 72;
(23)  fixing, for health and safety committees in establishments of such categories as it identifies, a minimum number of meetings different from that provided by this Act; indicating what information a committee must transmit to it, and the procedure, terms and conditions of its transmission and of the transmission of the annual report of activities;
(24)  determining, by category of establishments, the amount of time that a safety representative may devote to his functions, determining, by category of establishments or construction sites, the instruments or apparatus a safety representative needs to exercise his functions and determining the registration, travel and accommodation expenses borne by it under sections 91 and 211;
(25)  delimiting sectors of activities, and indicating which establishments, employers, workers, unions, or categories of any of these, form part of a particular sector of activities within the meaning of section 98;
(26)  prescribing the minimum compulsory content of agreements contemplated in sections 98 and 99;
(27)  establishing the conditions and criteria according to which subsidies may be granted to sector-based associations in application of section 100, and indicating what information must be transmitted to it by a sector-based association and the procedure, terms and conditions of transmission of the information and annual report of activities;
(28)  determining, by category of establishments or construction sites, the cases in which health services must be supplied to workers;
(29)  establishing categories of construction sites, according to the foreseen duration of work on a site, how many construction workers it is foreseen will be working on a site at one time and the risks of work accident or occupational disease;
(30)  defining what constitutes a high risk construction site;
(31)  establishing the rules of operation of job-site committees and fixing, for committees instituted on construction sites of such categories as it identifies, a minimum number of meetings different from that prescribed by this Act; indicating what information a committee must transmit to it, and the procedure, terms and conditions of its transmission;
(32)  determining, by category of construction sites, the amount of time that a safety representative may devote to the exercise of his functions and determining the content and the duration of the training programs in which the safety representative contemplated in section 211 must participate;
(33)  establishing the conditions and the terms on which inspectors are to perform their duties on a construction site and determining, by category of construction sites, the cases where one or more inspectors must be present full time;
(34)  determining what constitutes a major construction site;
(35)  determining the cases where a measuring device may be installed at a workplace or caused to be worn by a worker with his written consent;
(36)  establishing rules for its internal management;
(37)  establishing rules applicable to the examination and decision of questions over which an inspector or the Commission has jurisdiction or over which certain persons or the executive committee have jurisdiction pursuant to section 172;
(38)  (subparagraph repealed);
(39)  taking the necessary measures for the implementation of an agreement made pursuant to section 170;
(40)  determining the cases or circumstances where a party is entitled to reimbursement of the costs incurred for the examination of a question under section 172, specifying the nature and indicating the amounts thereof;
(40.1)  (subparagraph repealed);
(41)  exempting certain categories of persons, workers, employers, workplaces, establishments or construction sites from the application of this Act or certain of its provisions;
(42)  generally prescribing any other measure to facilitate the application of this Act.
The content of the regulations may vary according to the categories of persons, workers, employers, workplaces, establishments or construction sites to which they apply. The regulations may also provide times within which they are to be applied, and these times may vary according to the object and scope of each regulation.
A regulation may refer to an approval, certification or homologation of the Bureau de normalisation du Québec or of another standardizing body.
1979, c. 63, s. 223; 1982, c. 58, s. 72; 1985, c. 6, s. 547; 1988, c. 61, s. 3; 1997, c. 27, s. 47; 2015, c. 13, s. 12; I.N. 2015-07-01.
223. The Commission may make regulations
(1)  establishing categories of establishments, according to the activities carried on, the number of employees, the dangers to the health and safety of workers or the frequency and seriousness of accidents and occupational diseases;
(2)  determining what other works may be included in the definition of the words “construction site” in section 1;
(3)  listing contaminants or dangerous substances, classifying them, identifying the biological or chemical agents and determining for each class or each contaminant a maximum permissible quantity or concentration of emission, deposit, issuance or discharge at a workplace, prohibiting or restricting the use of a contaminant or prohibiting any emission, deposit, issuance or discharge of a contaminant;
(4)  defining the properties of a substance that make it a dangerous substance;
(5)  determining the cases where a student is deemed to be a worker or a construction worker within the meaning of this Act;
(6)  identifying the contaminants in respect of which a worker may exercise his rights under section 32, determining the criteria of deterioration of health associated with each contaminant warranting the exercise of that right, specifying the conditions of the protective re-assignment of a worker and his return to his duties, and determining the form and tenor of the certificate contemplated in sections 32, 40 and 46;
(7)  prescribing measures for the supervision of the quality of the work environment and standards applicable to every establishment or construction site in view of ensuring the health, safety and physical well-being of workers, particularly with regard to work organization, lighting, heating, sanitary installations, quality of food, noise, ventilation, variations in temperature, quality of air, access to the establishment, means of transportation used by workers, eating rooms and cleanliness of a workplace, and determining the hygienic and safety standards to be complied with by the employer where he makes premises available to workers for lodging, meal service or leisure activities;
(8)  determining the safety measures against fire that must be taken by an employer or principal contractor;
(9)  determining, by category of establishments or construction sites, the individual and common protective devices and equipment that the employer must put at the disposal of the workers, free of charge;
(10)  determining the content of the registers that the employer must keep and update in conformity with section 52;
(11)  fixing the minimum age at which a worker may carry out particular work it specifies;
(12)  fixing, in such cases or circumstances as it may indicate, the maximum daily or weekly number of hours that may be devoted to particular work, according to the nature of the work, the place where it is carried out and the physical capacity of the worker, and prescribing the distribution of these hours and a minimum rest period or meal period;
(13)  requiring, in such circumstances as it may indicate, a pre-employment medical checkup or medical examinations during employment, determining the content and standards of the examinations, their time or frequency and the form and tenor of the related medical certificate, and requiring a medical certificate for any work it specifies and prescribing its form and tenor;
(14)  indicating the cases or circumstances in which new construction or alterations to existing installations must not be undertaken without prior transmission to the Commission of the architect’s or engineer’s plans and specifications, and indicating the time, terms and conditions of their transmission; prescribing standards of construction, development, maintenance and demolition;
(15)   specifying the content and the time, terms and conditions of transmission of a notice of opening or closing of an establishment or construction site;
(16)  determining the cases and circumstances where an establishment or construction site must be considered remote, and the living conditions to be maintained there by the employer for the benefit of the workers;
(17)  determining the categories of establishments for which a prevention program must be implemented, the minimum compulsory content of a prevention program for each category of establishments or construction sites, and the time, terms and conditions of transmission of a prevention program and its updating to the Commission;
(18)  determining the form and content of the report that an employer must make under section 62;
(19)  prescribing standards respecting the safety of such products, processes, equipment, materials, contaminants or dangerous substances as it specifies, indicating the directions for their use, maintenance and repair, and prohibiting or restricting their use;
(20)  determining the time, terms and conditions of transmission of a notice contemplated in section 64, and its form and content;
(21)  determining the cases and circumstances where a label or a notice must indicate the dangers inherent in a dangerous substance and indicate the safety measures to be taken in handling or using the substance;
(21.1)  identifying the controlled products, establishing a classification of the controlled products and specifying the criteria or methods of classification used to classify the products listed in the classification;
(21.2)  excluding products from the application of subdivision 5 of Division II of Chapter III or certain of its provisions;
(21.3)  establishing an ingredient disclosure list with respect to ingredients contemplated by paragraph 2 of section 62.3;
(21.4)  prescribing labelling and posting standards applicable to controlled products present or manufactured in a workplace and prescribing, in particular,
(a)  the information that a label or sign must contain;
(b)  the form of labels or signs;
(c)  measures for the up-dating and renewal of labels and signs and for their replacement in case of loss, destruction or deterioration;
(d)  circumstances in which a label may be replaced by a sign or another means of information specified in the regulation;
(21.5)  prescribing standards applicable to the material safety data sheets concerning the controlled products present or manufactured in a workplace and prescribing, in particular,
(a)  the information that a material safety data sheet must contain;
(b)  the form of material safety data sheets and the methods of reproduction permitted to facilitate access thereto;
(c)  measures for the up-dating, distribution and conservation of material safety data sheets;
(21.6)  prescribing the minimum content of a training and information program contemplated by section 62.5;
(21.7)  defining the word “label” and the expression “information on hazards” for the purposes of subdivision 5 of Division II of Chapter III;
(22)  determining the categories of establishments in which a health and safety committee may be formed and fixing, by category, the minimum and maximum number of members of a committee; establishing rules of operation for committees and determining the procedure, terms and conditions of appointment of the members representing the workers in the cases provided in section 72;
(23)  fixing, for health and safety committees in establishments of such categories as it identifies, a minimum number of meetings different from that provided by this Act; indicating what information a committee must transmit to it, and the procedure, terms and conditions of its transmission and of the transmission of the annual report of activities;
(24)  determining, by category of establishments, the amount of time that a safety representative may devote to his functions, determining, by category of establishments or construction sites, the instruments or apparatus a safety representative needs to exercise his functions and determining the registration, travel and accommodation expenses borne by it under sections 91 and 211;
(25)  delimiting sectors of activities, and indicating which establishments, employers, workers, unions, or categories of any of these, form part of a particular sector of activities within the meaning of section 98;
(26)  prescribing the minimum compulsory content of agreements contemplated in sections 98 and 99;
(27)  establishing the conditions and criteria according to which subsidies may be granted to sector-based associations in application of section 100, and indicating what information must be transmitted to it by a sector-based association and the procedure, terms and conditions of transmission of the information and annual report of activities;
(28)  determining, by category of establishments or construction sites, the cases in which health services must be supplied to workers;
(29)  establishing categories of construction sites, according to the foreseen duration of work on a site, how many construction workers it is foreseen will be working on a site at one time and the risks of work accident or occupational disease;
(30)  defining what constitutes a high risk construction site;
(31)  establishing the rules of operation of job-site committees and fixing, for committees instituted on construction sites of such categories as it identifies, a minimum number of meetings different from that prescribed by this Act; indicating what information a committee must transmit to it, and the procedure, terms and conditions of its transmission;
(32)  determining, by category of construction sites, the amount of time that a safety representative may devote to the exercise of his functions and determining the content and the duration of the training programs in which the safety representative contemplated in section 211 must participate;
(33)  establishing the conditions and the terms on which inspectors are to perform their duties on a construction site and determining, by category of construction sites, the cases where one or more inspectors must be present full time;
(34)  determining what constitutes a major construction site;
(35)  determining the cases where a measuring device may be installed at a workplace or caused to be worn by a worker with his written consent;
(36)  establishing rules for its internal management;
(37)  establishing rules applicable to the examination and decision of questions over which an inspector or the Commission has jurisdiction or over which certain persons or the executive committee have jurisdiction pursuant to section 172;
(38)  (subparagraph repealed);
(39)  taking the necessary measures for the implementation of an agreement made pursuant to section 170;
(40)  determining the cases or circumstances where a party is entitled to reimbursement of the costs incurred for the examination of a question under section 172, specifying the nature and indicating the amounts thereof;
(40.1)  (subparagraph repealed);
(41)  exempting certain categories of persons, workers, employers, workplaces, establishments or construction sites from the application of this Act or certain of its provisions;
(42)  generally prescribing any other measure to facilitate the application of this Act.
The content of the regulations may vary according to the categories of persons, workers, employers, workplaces, establishments or construction sites to which they apply. The regulations may also provide times within which they are to be applied, and these times may vary according to the object and scope of each regulation.
A regulation may refer to an approval, certification or homologation of the Bureau de normalisation du Québec or of another standardizing body.
1979, c. 63, s. 223; 1982, c. 58, s. 72; 1985, c. 6, s. 547; 1988, c. 61, s. 3; 1997, c. 27, s. 47.
223. The Commission may make regulations
(1)  establishing categories of establishments, according to the activities carried on, the number of employees, the dangers to the health and safety of workers or the frequency and seriousness of accidents and occupational diseases;
(2)  determining what other works may be included in the definition of the words “construction site” in section 1;
(3)  listing contaminants or dangerous substances, classifying them, identifying the biological or chemical agents and determining for each class or each contaminant a maximum permissible quantity or concentration of emission, deposit, issuance or discharge at a workplace, prohibiting or restricting the use of a contaminant or prohibiting any emission, deposit, issuance or discharge of a contaminant;
(4)  defining the properties of a substance that make it a dangerous substance;
(5)  determining the cases where a student is deemed to be a worker or a construction worker within the meaning of this act;
(6)  identifying the contaminants in respect of which a worker may exercise his rights under section 32, determining the criteria of deterioration of health associated with each contaminant warranting the exercise of that right, specifying the conditions of the protective re-assignment of a worker and his return to his duties, and determining the form and tenor of the certificate contemplated in sections 32, 40 and 46;
(7)  prescribing measures for the supervision of the quality of the work environment and standards applicable to every establishment or construction site in view of ensuring the health, safety and physical well-being of workers, particularly with regard to work organization, lighting, heating, sanitary installations, quality of food, noise, ventilation, variations in temperature, quality of air, access to the establishment, means of transportation used by workers, eating rooms and cleanliness of a workplace, and determining the hygienic and safety standards to be complied with by the employer where he makes premises available to workers for lodging, meal service or leisure activities;
(8)  determining the safety measures against fire that must be taken by an employer or principal contractor;
(9)  determining, by category of establishments or construction sites, the individual and common protective devices and equipment that the employer must put at the disposal of the workers, free of charge;
(10)  determining the content of the registers that the employer must keep and update in conformity with section 52;
(11)  fixing the minimum age at which a worker may carry out particular work it specifies;
(12)  fixing, in such cases or circumstances as it may indicate, the maximum daily or weekly number of hours that may be devoted to particular work, according to the nature of the work, the place where it is carried out and the physical capacity of the worker, and prescribing the distribution of these hours and a minimum rest period or meal period;
(13)  requiring, in such circumstances as it may indicate, a pre-employment medical checkup or medical examinations during employment, determining the content and standards of the examinations, their time or frequency and the form and tenor of the related medical certificate, and requiring a medical certificate for any work it specifies and prescribing its form and tenor;
(14)  indicating the cases or circumstances in which new construction or alterations to existing installations must not be undertaken without prior transmission to the Commission of the architect’s or engineer’s plans and specifications, and indicating the time, terms and conditions of their transmission; prescribing standards of construction, development, maintenance and demolition;
(15)   specifying the content and the time, terms and conditions of transmission of a notice of opening or closing of an establishment or construction site;
(16)  determining the cases and circumstances where an establishment or construction site must be considered remote, and the living conditions to be maintained there by the employer for the benefit of the workers;
(17)  determining the categories of establishments for which a prevention programme must be implemented, the minimum compulsory content of a prevention programme for each category of establishments or construction sites, and the time, terms and conditions of transmission of a prevention programme and its updating to the Commission;
(18)  determining the form and content of the report that an employer must make under section 62;
(19)  prescribing standards respecting the safety of such products, processes, equipment, materials, contaminants or dangerous substances as it specifies, indicating the directions for their use, maintenance and repair, and prohibiting or restricting their use;
(20)  determining the time, terms and conditions of transmission of a notice contemplated in sectin 64, and its form and content;
(21)  determining the cases and circumstances where a label or a notice must indicate the dangers inherent in a dangerous substance and indicate the safety measures to be taken in handling or using the substance;
(21.1)  identifying the controlled products, establishing a classification of the controlled products and specifying the criteria or methods of classification used to classify the products listed in the classification;
(21.2)  excluding products from the application of subdivision 5 of Division II of Chapter III or certain of its provisions;
(21.3)  establishing an ingredient disclosure list with respect to ingredients contemplated by paragraph 2 of section 62.3;
(21.4)  prescribing labelling and posting standards applicable to controlled products present or manufactured in a workplace and prescribing, in particular,
(a)  the information that a label or sign must contain;
(b)  the form of labels or signs;
(c)  measures for the up-dating and renewal of labels and signs and for their replacement in case of loss, destruction or deterioration;
(d)  circumstances in which a label may be replaced by a sign or another means of information specified in the regulation;
(21.5)  prescribing standards applicable to the material safety data sheets concerning the controlled products present or manufactured in a workplace and prescribing, in particular,
(a)  the information that a material safety data sheet must contain;
(b)  the form of material safety data sheets and the methods of reproduction permitted to facilitate access thereto;
(c)  measures for the up-dating, distribution and conservation of material safety data sheets;
(21.6)  prescribing the minimum content of a training and information programme contemplated by section 62.5;
(21.7)  defining the work “label” and the expression “information on hazards” for the purposes of subdivision 5 of Division II of Chapter III;
(22)  determining the categories of establishments in which a health and safety committee may be formed and fixing, by category, the minimum and maximum number of members of a committee; establishing rules of operation for committees and determining the procedure, terms and conditions of appointment of the members representing the workers in the cases provided in section 72;
(23)  fixing, for health and safety committees in establishments of such categories as it identifies, a minimum number of meetings different from that provided by this act; indicating what information a committee must transmit to it, and the procedure, terms and conditions of its transmission and of the transmission of the annual report of activities;
(24)  determining, by category of establishments, the amount of time that a safety representative may devote to his functions, determining, by category of establishments or construction sites, the instruments or apparatus a safety representative needs to exercise his functions and determining the registration, travel and accommodation expenses borne by it under sections 91 and 211;
(25)  delimiting sectors of activities, and indicating which establishments, employers, workers, unions, or categories of any of these, form part of a particular sector of activities within the meaning of section 98;
(26)  prescribing the minimum compulsory content of agreements contemplated in sections 98 and 99;
(27)  establishing the conditions and criteria according to which subsidies may be granted to sector-based associations in application of section 100, and indicating what information must be transmitted to it by a sector-based association and the procedure, terms and conditions of transmission of the information and annual report of activities;
(28)  determining, by category of establishments or construction sites, the cases in which health services must be supplied to workers;
(29)  establishing categories of construction sites, according to the foreseen duration of work on a site, how many construction workers it is foreseen will be working on a site at one time and the risks of work accident or occupational disease;
(30)  defining what constitutes a high risk construction site;
(31)  establishing the rules of operation of job-site committees and fixing, for committees instituted on construction sites of such categories as it identifies, a minimum number of meetings different from that prescribed by this act; indicating what information a committee must transmit to it, and the procedure, terms and conditions of its transmission;
(32)  determining, by category of construction sites, the amount of time that a safety representative may devote to the exercise of his functions and determining the content and the duration of the training programmes in which the safety representative contemplated in section 211 must participate;
(33)  establishing the conditions and the terms on which inspectors are to perform their duties on a construction site and determining, by category of construction sites, the cases where one or more inspectors must be present full time;
(34)  determining what constitutes a major construction site;
(35)  determining the cases where a measuring device may be installed at a workplace or caused to be worn by a worker with his written consent;
(36)  establishing rules for its internal management;
(37)  enacting rules of proof, procedure and practice applicable to the examination, hearing and decision of matters under the authority of an inspector or the Commission itself or matters in which persons or the executive committee have authority pursuant to section 172 or in which a revision office has authority pursuant to section 176.1;
(38)  (subparagraph repealed);
(39)  taking the necessary measures for the implementation of an agreement made pursuant to section 170;
(40)  determining the cases or circumstances where a party is entitled to reimbursement of the costs incurred for an investigation or hearing held under section 172 or held by a revision office, specifying the nature and indicating the amounts thereof;
(40.1)  determining the remuneration of the members of a revision office, other than the chairman;
(41)  exempting certain categories of persons, workers, employers, workplaces, establishments or construction sites from the application of this act or certain of its provisions;
(42)  generally prescribing any other measure to facilitate the application of this Act.
The content of the regulations may vary according to the categories of persons, workers, employers, workplaces, establishments or construction sites to which they apply. The regulations may also provide times within which they are to be applied, and these times may vary according to the object and scope of each regulation.
A regulation may refer to an approval, certification or homologation of the Bureau de normalisation du Québec or of another standardizing body.
1979, c. 63, s. 223; 1982, c. 58, s. 72; 1985, c. 6, s. 547; 1988, c. 61, s. 3.
223. The Commission may make regulations
(1)  establishing categories of establishments, according to the activities carried on, the number of employees, the dangers to the health and safety of workers or the frequency and seriousness of accidents and occupational diseases;
(2)  determining what other works may be included in the definition of the words “construction site” in section 1;
(3)  listing contaminants or dangerous substances, classifying them, identifying the biological or chemical agents and determining for each class or each contaminant a maximum permissible quantity or concentration of emission, deposit, issuance or discharge at a workplace, prohibiting or restricting the use of a contaminant or prohibiting any emission, deposit, issuance or discharge of a contaminant;
(4)  defining the properties of a substance that make it a dangerous substance;
(5)  determining the cases where a student is deemed to be a worker or a construction worker within the meaning of this act;
(6)  identifying the contaminants in respect of which a worker may exercise his rights under section 32, determining the criteria of deterioration of health associated with each contaminant warranting the exercise of that right, specifying the conditions of the protective re-assignment of a worker and his return to his duties, and determining the form and tenor of the certificate contemplated in sections 32, 40 and 46;
(7)  prescribing measures for the supervision of the quality of the work environment and standards applicable to every establishment or construction site in view of ensuring the health, safety and physical well-being of workers, particularly with regard to work organization, lighting, heating, sanitary installations, quality of food, noise, ventilation, variations in temperature, quality of air, access to the establishment, means of transportation used by workers, eating rooms and cleanliness of a workplace, and determining the hygienic and safety standards to be complied with by the employer where he makes premises available to workers for lodging, meal service or leisure activities;
(8)  determining the safety measures against fire that must be taken by an employer or principal contractor;
(9)  determining, by category of establishments or construction sites, the individual and common protective devices and equipment that the employer must put at the disposal of the workers, free of charge;
(10)  determining the content of the registers that the employer must keep and update in conformity with section 52;
(11)  fixing the minimum age at which a worker may carry out particular work it specifies;
(12)  fixing, in such cases or circumstances as it may indicate, the maximum daily or weekly number of hours that may be devoted to particular work, according to the nature of the work, the place where it is carried out and the physical capacity of the worker, and prescribing the distribution of these hours and a minimum rest period or meal period;
(13)  requiring, in such circumstances as it may indicate, a pre-employment medical checkup or medical examinations during employment, determining the content and standards of the examinations, their time or frequency and the form and tenor of the related medical certificate, and requiring a medical certificate for any work it specifies and prescribing its form and tenor;
(14)  indicating the cases or circumstances in which new construction or alterations to existing installations must not be undertaken without prior transmission to the Commission of the architect’s or engineer’s plans and specifications, and indicating the time, terms and conditions of their transmission; prescribing standards of construction, development, maintenance and demolition;
(15)   specifying the content and the time, terms and conditions of transmission of a notice of opening or closing of an establishment or construction site;
(16)  determining the cases and circumstances where an establishment or construction site must be considered remote, and the living conditions to be maintained there by the employer for the benefit of the workers;
(17)  determining the categories of establishments for which a prevention programme must be implemented, the minimum compulsory content of a prevention programme for each category of establishments or construction sites, and the time, terms and conditions of transmission of a prevention programme and its updating to the Commission;
(18)  determining the form and content of the report that an employer must make under section 62;
(19)  prescribing standards respecting the safety of such products, processes, equipment, materials, contaminants or dangerous substances as it specifies, indicating the directions for their use, maintenance and repair, and prohibiting or restricting their use;
(20)  determining the time, terms and conditions of transmission of a notice contemplated in sectin 64, and its form and content;
(21)  determining the cases and circumstances where a label or a notice must indicate the dangers inherent in a dangerous substance and indicate the safety measures to be taken in handling or using the substance;
(22)  determining the categories of establishments in which a health and safety committee may be formed and fixing, by category, the minimum and maximum number of members of a committee; establishing rules of operation for committees and determining the procedure, terms and conditions of appointment of the members representing the workers in the cases provided in section 72;
(23)  fixing, for health and safety committees in establishments of such categories as it identifies, a minimum number of meetings different from that provided by this act; indicating what information a committee must transmit to it, and the procedure, terms and conditions of its transmission and of the transmission of the annual report of activities;
(24)  determining, by category of establishments, the amount of time that a safety representative may devote to his functions, determining, by category of establishments or construction sites, the instruments or apparatus a safety representative needs to exercise his functions and determining the registration, travel and accommodation expenses borne by it under sections 91 and 211;
(25)  delimiting sectors of activities, and indicating which establishments, employers, workers, unions, or categories of any of these, form part of a particular sector of activities within the meaning of section 98;
(26)  prescribing the minimum compulsory content of agreements contemplated in sections 98 and 99;
(27)  establishing the conditions and criteria according to which subsidies may be granted to sector-based associations in application of section 100, and indicating what information must be transmitted to it by a sector-based association and the procedure, terms and conditions of transmission of the information and annual report of activities;
(28)  determining, by category of establishments or construction sites, the cases in which health services must be supplied to workers;
(29)  establishing categories of construction sites, according to the foreseen duration of work on a site, how many construction workers it is foreseen will be working on a site at one time and the risks of work accident or occupational disease;
(30)  defining what constitutes a high risk construction site;
(31)  establishing the rules of operation of job-site committees and fixing, for committees instituted on construction sites of such categories as it identifies, a minimum number of meetings different from that prescribed by this act; indicating what information a committee must transmit to it, and the procedure, terms and conditions of its transmission;
(32)  determining, by category of construction sites, the amount of time that a safety representative may devote to the exercise of his functions and determining the content and the duration of the training programmes in which the safety representative contemplated in section 211 must participate;
(33)  establishing the conditions and the terms on which inspectors are to perform their duties on a construction site and determining, by category of construction sites, the cases where one or more inspectors must be present full time;
(34)  determining what constitutes a major construction site;
(35)  determining the cases where a measuring device may be installed at a workplace or caused to be worn by a worker with his written consent;
(36)  establishing rules for its internal management;
(37)  enacting rules of proof, procedure and practice applicable to the examination, hearing and decision of matters under the authority of an inspector or the Commission itself or matters in which persons or the executive committee have authority pursuant to section 172 or in which a revision office has authority pursuant to section 176.1;
(38)  (subparagraph repealed);
(39)  taking the necessary measures for the implementation of an agreement made pursuant to section 170;
(40)  determining the cases or circumstances where a party is entitled to reimbursement of the costs incurred for an investigation or hearing held under section 172 or held by a revision office, specifying the nature and indicating the amounts thereof;
(40.1)  determining the remuneration of the members of a revision office, other than the chairman;
(41)  exempting certain categories of persons, workers, employers, workplaces, establishments or construction sites from the application of this act or certain of its provisions;
(42)  generally prescribing any other measure to facilitate the application of this Act.
The content of the regulations may vary according to the categories of persons, workers, employers, workplaces, establishments or construction sites to which they apply. The regulations may also provide times within which they are to be applied, and these times may vary according to the object and scope of each regulation.
A regulation may refer to an approval, certification or homologation of the Bureau de normalisation du Québec or of another standardizing body.
1979, c. 63, s. 223; 1982, c. 58, s. 72; 1985, c. 6, s. 547.
223. The Commission may make regulations
(1)  establishing categories of establishments, according to the activities carried on, the number of employees, the dangers to the health and safety of workers or the frequency and seriousness of accidents and occupational diseases;
(2)  determining what other works may be included in the definition of the words “construction site” in section 1;
(3)  listing contaminants or dangerous substances, classifying them, identifying the biological or chemical agents and determining for each class or each contaminant a maximum permissible quantity or concentration of emission, deposit, issuance or discharge at a workplace, prohibiting or restricting the use of a contaminant or prohibiting any emission, deposit, issuance or discharge of a contaminant;
(4)  defining the properties of a substance that make it a dangerous substance;
(5)  determining the cases where a student is deemed to be a worker or a construction worker within the meaning of this act;
(6)  identifying the contaminants in respect of which a worker may exercise his rights under section 32, determining the criteria of deterioration of health associated with each contaminant warranting the exercise of that right, specifying the conditions of the protective re-assignment of a worker and his return to his duties, and determining the form and tenor of the certificate contemplated in sections 32, 40 and 46;
(7)  prescribing measures for the supervision of the quality of the work environment and standards applicable to every establishment or construction site in view of ensuring the health, safety and physical well-being of workers, particularly with regard to work organization, lighting, heating, sanitary installations, quality of food, noise, ventilation, variations in temperature, quality of air, access to the establishment, means of transportation used by workers, eating rooms and cleanliness of a workplace, and determining the hygienic and safety standards to be complied with by the employer where he makes premises available to workers for lodging, meal service or leasure activities;
(8)  determining the safety measures against fire that must be taken by an employer or principal contractor;
(9)  determining, by category of establishments or construction sites, the individual and common protective devices and equipment that the employer must put at the disposal of the workers, free of charge;
(10)  determining the content of the registers that the employer must keep and update in conformity with section 52;
(11)  fixing the minimum age at which a worker may carry out particular work it specifies;
(12)  fixing, in such cases or circumstances as it may indicate, the maximum daily or weekly number of hours that may be devoted to particular work, according to the nature of the work, the place where it is carried out and the physical capacity of the worker, and prescribing the distribution of these hours and a minimum rest period or meal period;
(13)  requiring, in such circumstances as it may indicate, a pre-employment medical check-up or medical examinations during employment, determining the content and standards of the examinations, their time or frequency and the form and tenor of the related medical certificate, and requiring a medical certificate for any work it specifies and prescribing its form and tenor;
(14)  indicating the cases or circumstances in which new construction or alterations to existing installations must not be undertaken without prior transmission to the Commission of the architect’s or engineer’s plans and specifications, and indicating the time, terms and conditions of their transmission; prescribing standards of construction, development, maintenance and demolition;
(15)   specifying the content and the time, terms and conditions of transmission of a notice of opening or closing of an establishment or construction site;
(16)  determining the cases and circumstances where an establishment or construction site must be considered remote, and the living conditions to be maintained there by the employer for the benefit of the workers;
(17)  determining the categories of establishments for which a prevention programme must be implemented, the minimum compulsory content of a prevention programme for each category of establishments or construction sites, and the time, terms and conditions of transmission of a prevention programme and its updating to the Commission;
(18)  determining the form and content of the report that an employer must make under section 62;
(19)  prescribing standards respecting the safety of such products, processes, equipment, materials, contaminants or dangerous substances as it specifies, indicating the directions for their use, maintenance and repair, and prohibiting or restricting their use;
(20)  determining the time, terms and conditions of transmission of a notice contemplated in sectin 64, and its form and content;
(21)  determining the cases and circumstances where a label or a notice must indicate the dangers inherent in a dangerous substance and indicate the safety measures to be taken in handling or using the substance;
(22)  determining the categories of establishments in which a health and safety committee may be formed and fixing, by category, the minimum and maximum number of members of a committee; establishing rules of operation for committees and determining the procedure, terms and conditions of appointment of the members representing the workers in the cases provided in section 72;
(23)  fixing, for health and safety committees in establishments of such categories as it identifies, a minimum number of meetings different from that provided by this act; indicating what information a committee must transmit to it, and the procedure, terms and conditions of its transmission and of the transmission of the annual report of activities;
(24)  determining, by category of establishments, the amount of time that a safety representative may devote to his functions, determining, by category of establishments or construction sites, the instruments or apparatus a safety representative needs to exercise his functions and determining the registration, travel and accommodation expenses borne by it under sections 91 and 211;
(25)  delimiting sectors of activities, and indicating which establishments, employers, workers, unions, or categories of any of these, form part of a particular sector of activities within the meaning of section 98;
(26)  prescribing the minimum compulsory content of agreements contemplated in sections 98 and 99;
(27)  establishing the conditions and criteria according to which subsidies may be granted to sector-based associations in application of section 100, and indicating what information must be transmitted to it by a sector-based association and the procedure, terms and conditions of transmission of the information and annual report of activities;
(28)  determining, by category of establishments or construction sites, the cases in which health services must be supplied to workers;
(29)  establishing categories of construction sites, according to the foreseen duration of work on a site, how many construction workers it is foreseen will be working on a site at one time and the risks of work accident or occupational disease;
(30)  defining what constitutes a high risk construction site;
(31)  establishing the rules of operation of job-site committees and fixing, for committees instituted on construction sites of such categories as it identifies, a minimum number of meetings different from that prescribed by this act; indicating what information a committee must transmit to it, and the procedure, terms and conditions of its transmission;
(32)  determining, by category of construction sites, the amount of time that a safety representative may devote to the exercise of his functions and determining the content and the duration of the training programmes in which the safety representative contemplated in section 211 must participate;
(33)  establishing the conditions and the terms on which inspectors are to perform their duties on a construction site and determining, by category of construction sites, the cases where one or more inspectors must be present full time;
(34)  determining what constitutes a major construction site;
(35)  determining the cases where a measuring device may be installed at a workplace or caused to be worn by a worker with his written consent;
(36)  establishing rules for its internal management;
(37)  enacting rules of proof, procedure and practice applicable to the examination, hearing and decision of matters under the authority of an inspector, the regional chief inspector or the Commission itself or matters on which persons, executive committees or review boards have authority pursuant to section 172;
(38)  determining the conditions on which a sum of money is granted in accordance with paragraph 6 of section 167;
(39)  taking the necessary measures for the implementation of an agreement made pursuant to section 170;
(40)  determining the cases or circumstances where a party is entitled to reimbursement of the costs incurred for an investigation or hearing held under section 172, specifying the nature and indicating the amounts thereof;
(41)  exempting certain categories of persons, workers, employers, workplaces, establishments or construction sites from the application of this act or certain of its provisions;
(42)  generally prescribing any other measure to facilitate the application of this act.
The content of the regulations may vary according to the categories of persons, workers, employers, workplaces, establishments or construction sites to which they apply. The regulations may also provide times within which they are to be applied, and these times may vary according to the object and scope of each regulation.
1979, c. 63, s. 223; 1982, c. 58, s. 72.
223. The Commission may make regulations
(1)  establishing categories of establishments, according to the activities carried on, the number of employees or the frequency and seriousness of accidents and occupational diseases;
(2)  determining what other works may be included in the definition of the words “construction site” in section 1;
(3)  listing contaminants or dangerous substances, classifying them, identifying the biological or chemical agents and determining for each class or each contaminant a maximum permissible quantity or concentration of emission, deposit, issuance or discharge at a workplace, prohibiting or restricting the use of a contaminant or prohibiting any emission, deposit, issuance or discharge of a contaminant;
(4)  defining the properties of a substance that make it a dangerous substance;
(5)  determining the cases where a student is deemed to be a worker or a construction worker within the meaning of this act;
(6)  identifying the contaminants in respect of which a worker may exercise his rights under section 32, determining the criteria of deterioration of health associated with each contaminant warranting the exercise of that right, specifying the conditions of the protective re-assignment of a worker and his return to his duties, and determining the form and tenor of the certificate contemplated in sections 32, 40 and 46;
(7)  prescribing measures for the supervision of the quality of the work environment and standards applicable to every establishment or construction site in view of ensuring the health, safety and physical well-being of workers, particularly with regard to work organization, lighting, heating, sanitary installations, quality of food, noise, ventilation, variations in temperature, quality of air, access to the establishment, means of transportation used by workers, eating rooms and cleanliness of a workplace, and determining the hygienic and safety standards to be complied with by the employer where he makes premises available to workers for lodging, meal service or leasure activities;
(8)  determining the safety measures against fire that must be taken by an employer or principal contractor;
(9)  determining, by category of establishments or construction sites, the individual and common protective devices and equipment that the employer must put at the disposal of the workers, free of charge;
(10)  determining the content of the registers that the employer must keep and update in conformity with section 52;
(11)  fixing the minimum age at which a worker may carry out particular work it specifies;
(12)  fixing, in such cases or circumstances as it may indicate, the maximum daily or weekly number of hours that may be devoted to particular work, according to the nature of the work, the place where it is carried out and the physical capacity of the worker, and prescribing the distribution of these hours and a minimum rest period or meal period;
(13)  requiring, in such circumstances as it may indicate, a pre-employment medical check-up or medical examinations during employment, determining the content and standards of the examinations, their time or frequency and the form and tenor of the related medical certificate, and requiring a medical certificate for any work it specifies and prescribing its form and tenor;
(14)  indicating the cases or circumstances in which new construction or alterations to existing installations must not be undertaken without prior transmission to the Commission of the architect’s or engineer’s plans and specifications, and indicating the time, terms and conditions of their transmission; prescribing standards of construction, development, maintenance and demolition;
(15)   specifying the content and the time, terms and conditions of transmission of a notice of opening or closing of an establishment or construction site;
(16)  determining the cases and circumstances where an establishment or construction site must be considered remote, and the living conditions to be maintained there by the employer for the benefit of the workers;
(17)  determining the categories of establishments for which a prevention programme must be implemented, the minimum compulsory content of a prevention programme for each category of establishments or construction sites, and the time, terms and conditions of transmission of a prevention programme and its updating to the Commission;
(18)  determining the form and content of the report that an employer must make under section 62;
(19)  prescribing standards respecting the safety of such products, processes, equipment, materials, contaminants or dangerous substances as it specifies, indicating the directions for their use, maintenance and repair, and prohibiting or restricting their use;
(20)  determining the time, terms and conditions of transmission of a notice contemplated in sectin 64, and its form and content;
(21)  determining the cases and circumstances where a label or a notice must indicate the dangers inherent in a dangerous substance and indicate the safety measures to be taken in handling or using the substance;
(22)  determining the categories of establishments in which a health and safety committee may be formed and fixing, by category, the minimum and maximum number of members of a committee; establishing rules of operation for committees and determining the procedure, terms and conditions of appointment of the members representing the workers in the cases provided in section 72;
(23)  fixing, for health and safety committees in establishments of such categories as it identifies, a minimum number of meetings different from that provided by this act; indicating what information a committee must transmit to it, and the procedure, terms and conditions of its transmission and of the transmission of the annual report of activities;
(24)  determining, by category of establishments, the amount of time that a safety representative may devote to his functions, determining, by category of establishments or construction sites, the instruments or apparatus a safety representative needs to exercise his functions and determining the registration, travel and accommodation expenses borne by it under sections 91 and 211;
(25)  delimiting sectors of activities, and indicating which establishments, employers, workers, unions, or categories of any of these, form part of a particular sector of activities within the meaning of section 98;
(26)  prescribing the minimum compulsory content of agreements contemplated in sections 98 and 99;
(27)  establishing the conditions and criteria according to which subsidies may be granted to sector-based associations in application of section 100, and indicating what information must be transmitted to it by a sector-based association and the procedure, terms and conditions of transmission of the information and annual report of activities;
(28)  determining, by category of establishments or construction sites, the cases in which health services must be supplied to workers;
(29)  establishing categories of construction sites, according to the foreseen duration of work on a site, how many construction workers it is foreseen will be working on a site at one time and the risks of work accident or occupational disease;
(30)  defining what constitutes a high risk construction site;
(31)  establishing the rules of operation of job-site committees and fixing, for committees instituted on construction sites of such categories as it identifies, a minimum number of meetings different from that prescribed by this act; indicating what information a committee must transmit to it, and the procedure, terms and conditions of its transmission;
(32)  determining, by category of construction sites, the amount of time that a safety representative may devote to the exercise of his functions and determining the content and the duration of the training programmes in which the safety representative contemplated in section 211 must participate;
(33)  establishing the conditions and the terms on which inspectors are to perform their duties on a construction site and determining, by category of construction sites, the cases where one or more inspectors must be present full time;
(34)  determining what constitutes a major construction site;
(35)  determining the cases where a measuring device may be installed at a workplace or caused to be worn by a worker with his written consent;
(36)  establishing rules for its internal management;
(37)  enacting rules of proof, procedure and practice applicable to the examination, hearing and decision of matters under the authority of an inspector, the regional chief inspector or the Commission itself or matters on which persons, executive committees or review boards have authority pursuant to section 172;
(38)  determining the conditions on which a sum of money is granted in accordance with paragraph 6 of section 167;
(39)  taking the necessary measures for the implementation of an agreement made pursuant to section 170;
(40)  determining the cases or circumstances where a party is entitled to reimbursement of the costs incurred for an investigation or hearing held under section 172, specifying the nature and indicating the amounts thereof;
(41)  exempting certain categories of persons, workers, employers, workplaces, establishments or construction sites from the application of this act or certain of its provisions;
(42)  generally prescribing any other measure to facilitate the application of this act.
The content of the regulations may vary according to the categories of persons, workers, employers, workplaces, establishments or construction sites to which they apply. The regulations may also provide times within which they are to be applied, and these times may vary according to the object and scope of each regulation.
1979, c. 63, s. 223.