Since the adoption of Bill 59 on September 30, 2021, the Act respecting Occupational Health and Safety (the “Act”) provides, in section 51(16), that employers must “take the measures to ensure the protection of a worker exposed to physical or psychological violence, including spousal, family or sexual violence, in the workplace”. The Act further requires an employer to take protective measures when it knows or ought reasonably to know that a worker is exposed to spousal or family violence.
The Act provides little guidance on the positive obligations of an employer and the concrete actions that employers must take to ensure the protection of employees. We note, however, that section 5.1 of the Act provides that, unless otherwise specified, the provisions of the Act “apply to a worker carrying on telework and to his employer”, such that the obligations of employers in this regard may extend to remote work employees.
The Commission des normes, de l'équité, de la santé et de la sécurité du travail (the “CNESST”), published its own guidance on the practical obligations of employers under section 51(16) of the Act. According to the CNESST, employers should adopt various measures to prevent, recognize and address spousal, family or sexual violence in their workplaces.
In terms of prevention, the CNESST recommends, among other things, that employers:
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