S-2.1, r. 8.2 - Regulation respecting prevention mechanisms specific to construction sites

Updated to 1 January 2023

This document has official status.

chapter S-2.1, r. 8.2

Regulation respecting prevention mechanisms specific to construction sites

Act respecting occupational health and safety

(chapter S-2.1, s. 58).

CHAPTER I SCOPE

S.Q. 2021, c. 27, s. 243.

1. For the purposes of the Act respecting occupational health and safety (chapter S-2.1), this Regulation determines the rules applicable on construction sites with regard to the job-site committee, the health and safety representative and the health and safety coordinator.

S.Q. 2021, c. 27, s. 243.

CHAPTER II JOB-SITE COMMITTEE

S.Q. 2021, c. 27, s. 243.

DIVISION I COMPOSITION OF JOB-SITE COMMITTEE AND DESIGNATION OF MEMBERS

S.Q. 2021, c. 27, s. 243.

2. The maximum number of employers’ representatives on the job-site committee must be equal to the number of health and safety representatives and representatives of each of the representative associations that sit on the committee.

If the number of employers present on the construction site exceeds the maximum number of representatives prescribed in the first paragraph, the employers’ representatives on the committee are respectively those of the employers that employ the greatest number of workers present on the construction site.

S.Q. 2021, c. 27, s. 243.

3. Where two or more health and safety representatives or two or more health and safety coordinators are designated on a construction site, the number of representatives or coordinators on the committee is equal to the minimum number prescribed in sections 13 and 16, according to the category of construction site.

S.Q. 2021, c. 27, s. 243.

4. The health and safety representatives on the job-site committee are designated by all the representative associations.

Failing that, they are designated by a majority of the construction workers present on the construction site.

S.Q. 2021, c. 27, s. 243.

DIVISION II RULES OF OPERATION FOR JOB-SITE COMMITTEE

S.Q. 2021, c. 27, s. 243.

5. The job-site committee holds its first meeting within 14 days after the date on which the work begins.

S.Q. 2021, c. 27, s. 243.

6. Despite the minimum frequency of meetings prescribed in the first paragraph of section 207 of the Act, the job-site committee of a construction site employing 100 workers or more must meet at least once a week.

S.Q. 2021, c. 27, s. 243.

7. The agenda of a job-site committee meeting is determined by the principal contractor.

Any committee member may, at the beginning of the meeting and with the other members’ agreement, propose amendments to the agenda.

S.Q. 2021, c. 27, s. 243.

8. The quorum at a meeting is at least one representative of the principal contractor, at least one employer’s representative and at least half the members referred to in paragraphs 3 and 4 of section 205 of the Act who represent workers.

S.Q. 2021, c. 27, s. 243.

9. Any vacancy on the job-site committee must be filled not later than 14 days after the committee is informed of it if the construction site employs at least 20 workers or not later than 7 days if the construction site employs at least 100 workers.

A vacancy is filled according to the method of designation prescribed for designating the member to be replaced, if any.

S.Q. 2021, c. 27, s. 243.

10. The principal contractor must draw up the minutes of the job-site committee’s meetings.

At each meeting, the committee adopts the minutes of the previous meeting. Adopted minutes are kept by the principal contractor, in a register established for that purpose, for at least one year after the date on which the work ends.

Committee members may, by request to the principal contractor, obtain copies of the committee’s minutes.

S.Q. 2021, c. 27, s. 243.

DIVISION III TRAINING OF JOB-SITE COMMITTEE MEMBERS

S.Q. 2021, c. 27, s. 243.

In force: 2024-01-01

11. A job-site committee member must obtain a certificate for at least one hour of theoretical training issued by the Commission or by a body recognized by it.

The training must pertain, in particular, to the following subjects:

(1)  prevention mechanisms applicable on a construction site;

(2)  the role of the job-site committee and its rules of operation;

(3)  follow-up on the prevention program;

(4)  analysis of accident notices and follow-up on them;

(5)  follow-up on suggestions and complaints regarding occupational health and safety received from construction workers, representative associations, the joint sector-based construction association referred to in section 99 of the Act, employers and the principal contractor; and

(6)  follow-up on reports regarding inspections carried out on the construction site.

A member who holds a health and safety coordinator training certificate or a health and safety representative training certificate under section 15 is not required to take such training.

S.Q. 2021, c. 27, s. 243.

CHAPTER III HEALTH AND SAFETY REPRESENTATIVE

S.Q. 2021, c. 27, s. 243.

12. The minimum amount of time that a health and safety representative may devote daily to the exercise of his or her functions, except the functions referred to in paragraphs 2, 6 and 7 of section 210 of the Act, is as follows, according to the number of workers present on the construction site:

(1)  10 to 24 workers: 1 hour;

(2)  25 to 49 workers: 3 hours;

(3)  50 to 74 workers: 4 hours;

(4)  75 to 99 workers: 6 hours; and

(5)  100 workers and more: 8 hours.

S.Q. 2021, c. 27, s. 243.

13. The minimum number of health and safety representatives designated in accordance with section 212.1 of the Act is as follows, according to the number of workers present on the construction site:

(1)  100 to 199 workers: 1;

(2)  200 to 599 workers: 2;

(3)  600 to 899 workers: 3;

(4)  900 to 1,199 workers: 4; and

(5)  1,200 workers and more: 5.

S.Q. 2021, c. 27, s. 243.

In force: 2024-01-01

14. A health and safety representative designated in accordance with section 209 of the Act must obtain a certificate for at least three hours of theoretical training issued by the Commission or by a body recognized by it.

The training must pertain, in particular, to the following subjects:

(1)  prevention mechanisms applicable on a construction site;

(2)  the representative’s role, functions and responsibilities;

(3)  inspection of workplaces;

(4)  assistance to workers in the exercise of their rights recognized by the Act and the regulations;

(5)  the representative’s role during an inspector’s visit; and

(6)  accident investigation and analysis of reported incidents.

S.Q. 2021, c. 27, s. 243.

In force: 2024-01-01

15. A health and safety representative designated in accordance with section 212.1 of the Act must obtain a certificate for at least 40 hours of theoretical training issued by the Commission or by a body recognized by it.

In addition to the subjects listed in the second paragraph of section 14, the training must pertain to the prevention program and the operation of a job-site committee.

S.Q. 2021, c. 27, s. 243.

CHAPTER IV HEALTH AND SAFETY COORDINATOR

S.Q. 2021, c. 27, s. 243.

16. The minimum number of health and safety coordinators designated in accordance with section 215.1 of the Act is as follows, according to the number of workers present on the construction site:

(1)  100 to 199 workers: 1;

(2)  200 to 599 workers: 2;

(3)  600 to 899 workers: 3;

(4)  900 to 1,199 workers: 4; and

(5)  1,200 workers and more: 5.

S.Q. 2021, c. 27, s. 243.

In force: 2024-01-01

17. A health and safety coordinator must obtain a certificate for at least 240 hours of theoretical training issued by the Commission or by a body recognized by it.

The training must pertain, in particular, to the following subjects:

(1)  the legislative and regulatory framework for occupational health and safety applicable to a construction site;

(2)  prevention mechanisms applicable on a construction site;

(3)  the coordinator’s role and general functions, including coordinating a job-site committee;

(4)  preparing and updating a prevention program specific to a construction site;

(5)  the coordinator’s role during an inspector’s visit on the construction site;

(6)  the main safety measures applicable on a construction site, taking into account the priorities for action established by the Commission;

(7)  the main occupational health rules applicable on a construction site;

(8)  the occupational health and safety management audit;

(9)  inspection of workplaces;

(10)  accident investigation and analysis of reported incidents;

(11)  preparation of work directives specific to a construction site; and

(12)  interpersonal relations and communication skills.

S.Q. 2021, c. 27, s. 243.

CHAPTER V TRANSITIONAL PROVISION

S.Q. 2021, c. 27, s. 243.

18. A person who, on 31 December 2022, holds an attestation of safety officer delivered by the Commission under paragraph c of subsection 2 of section 2.5.4 of the Safety Code for the construction industry (chapter S-2.1, r. 4) and who is designated health and safety representative or health and safety coordinator is not required to obtain the training certificates required under sections 15 and 17.

S.Q. 2021, c. 27, s. 243.

REFERENCES

S.Q. 2021, c. 27, s. 243