The Role of a Health and Safety Representative

A health and safety representative’s role is important for preventing occupational accidents and protecting workers’ physical and psychological health. This position has become even more significant in Quebec following the modernization of the occupational health and safety regime.

As fall and winter demand increases, construction businesses should also prepare their schedules, equipment, and operations for changing site conditions and heavier workloads. A health and safety representative supports this preparation by participating in workplace risk prevention and collaborating with workers, the employer and, where applicable, a health and safety committee. However, the representative’s exact title, responsibilities and legal requirements depend on the province or territory and whether the workplace falls under federal jurisdiction.

What is a health and safety representative?

Source: Reno Quotes

A health and safety representative, or HSR, represents workers on matters involving occupational health and safety.

On a Quebec construction site, a representative must be designated when at least 10 construction workers are present simultaneously at any stage of the work. The position is normally part-time when fewer than 100 workers are expected to be present.

One or more representatives must be assigned full-time when:

• At least 100 construction workers are expected to be present simultaneously at any stage of the work

• The total cost of the work exceeds $12 million (revalued periodically under Quebec legislation)

A health and safety liaison officer, however, is a different position used in certain Quebec establishments with fewer than 20 workers. The liaison officer requirements for establishments should not be confused with those that apply to representatives on construction sites.

The Role of a Health and Safety Representative or Liaison Officer

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An HSR helps protect workers by identifying risks and bringing safety concerns to the attention of those responsible for the workplace.

Once designated, the representative monitors conditions on the construction site and participates in prevention measures. Their role is not to take over the employer’s responsibilities, but to represent workers and help ensure that hazards are recognized and addressed.

The representative may:

• Inspect workplaces

• Receive copies of accident notices

• Investigate incidents that caused or could have caused an accident

• Identify situations that may endanger construction workers

• Make recommendations to the site committee, employer, prime contractor or health and safety coordinator

• Assist workers in exercising their occupational health and safety rights

• Accompany a CNESST inspector during an inspection

• Intervene when a worker exercises the right to refuse unsafe work

• File a complaint with the CNESST when necessary

The representative may also contribute observations and recommendations to the construction site’s prevention program. However, the employer and prime contractor remain responsible for complying with occupational health and safety requirements.

The Link Between a Representative and a Health and Safety Committee

A health and safety committee is an internal participation mechanism composed of worker and employer representatives. On a Quebec construction site, this body is generally called a site committee.

The site committee must include an equal number of representatives from the employers and the representative associations. A health and safety representative is also a member of the committee when one is established.

The HSR brings inspection findings, reported hazards and recommendations to the committee. The committee can then assess the situation and recommend preventive or corrective measures to the employer or prime contractor.

The representative and committee should work collaboratively, but they do not replace the employer’s legal responsibility to protect workers.

The Representative’s Role Regarding the CNESST

A health and safety representative may face a difficult situation when an employer or prime contractor refuses to correct a hazard identified on the construction site.

Before contacting the CNESST, the representative should normally raise the issue with the relevant people, which may include:

• The employer or supervisor

• The prime contractor

• The health and safety coordinator

• The site committee

• The workers or their representative association

The representative should clearly identify the hazard, explain who may be affected and recommend an appropriate corrective measure. Keeping a written record of this process can help demonstrate what was observed, what was recommended and how those responsible responded.

If the concern remains unresolved, the representative may contact or file a complaint with the CNESST. They may also accompany an inspector during a site visit and provide information about the situation.

Documents related to a complaint or intervention may be submitted through the CNESST’s available online services where applicable.

Administrative and Regulatory Issues

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The administrative requirements attached to an HSR position depend on the legal jurisdiction governing the workplace. Quebec construction sites are primarily governed by the Act respecting occupational health and safety and construction-specific regulations. Federally regulated workplaces are governed by Part II of the Canada Labour Code.

These frameworks should not be treated as interchangeable. The rules concerning appointment, documentation, access to information and liability may differ.

What records should an HSR Keep?

Accurate documentation supports inspections, recommendations, incident investigations and regulatory follow-up. An HSR should maintain organized records of the matters handled in the course of the role.

Useful records may include:

• Dates and findings from workplace inspections

• Identified hazards and affected work areas

• Accident, injury and incident information

• Health and safety complaints received from workers

• Recommendations made to the employer or prime contractor

• Written responses and corrective measures

• Follow-up dates and unresolved concerns

• Communications with the committee, coordinator or regulator

Records should be factual, dated and limited to information relevant to workplace health and safety. Medical records and other sensitive personal information require additional care and should not be accessed or shared without proper authority or consent.

Federal Record-Keeping Requirements

In a federally regulated workplace, the HSR must ensure that adequate records are maintained concerning work accidents, injuries, health hazards and health and safety complaints. The representative must also monitor the related information.

Federal guidance further states that records concerning matters handled by the representative must be made available when requested by a health and safety officer or the relevant federal authority.

This documentation allows the regulator to review how complaints and hazards were handled. It can also show whether the workplace followed up on the representative’s recommendations.

These federal obligations do not automatically apply to a provincially regulated Quebec construction site. The applicable jurisdiction should always be confirmed first.

Who may review HSR records?

In federally regulated workplaces, the federal occupational health and safety authority may request relevant HSR records.

In Quebec, a CNESST inspector has powers to inspect a workplace, investigate occupational health and safety matters and examine relevant books, registers and records. An HSR should therefore be prepared to provide accurate information during an inspection or investigation when legally required.

The representative may also request information from the employer that is needed to identify existing or potential hazards. Under the federal framework, an HSR has access to relevant government and employer reports, studies and tests, but generally not an individual’s medical records without consent.

Regulations Governing the Position

Under the Canada Labour Code, regulations may establish:

• The qualifications required to serve as an HSR

• The representative’s term of office

• The selection process where workers are not represented by a union

• The manner in which the representative exercises their powers and performs their functions

For Quebec construction sites, sections 209 to 215 of the Act respecting occupational health and safety establish the designation, functions, training and status of the representative. The Regulation respecting prevention mechanisms specific to construction sites provides additional requirements, including training and the time that may be devoted to the role.

Employers and workers should confirm which legislation applies rather than relying on requirements from another province or the federal sector.

Liability and Actions Taken in Good Faith

Under Part II of the Canada Labour Code, an HSR is not personally liable for something done or omitted in good faith under the authority, or purported authority, of section 136.

This protection is intended to allow representatives to perform their functions without personal liability when acting honestly and within the scope of the federal role. It does not protect intentional misconduct, bad-faith actions or conduct outside the representative’s authority.

Quebec legislation also protects health and safety representatives against reprisals for carrying out their functions. However, the precise federal good-faith liability provision should not be presented as though it automatically governs Quebec construction sites.

Occupational Health and Safety Regulations and Obligations

Source: Reno Quotes

The Act Respecting Occupational Health and Safety

The Quebec government adopted the Act respecting occupational health and safety in 1979. Its purpose is to eliminate dangers to workers’ health, safety and physical and psychological well-being at the source.

The Act establishes or governs several important prevention mechanisms and worker protections, including:

• The right to refuse unsafe work

• Preventive withdrawal in eligible circumstances

• Prevention programs

• Health and safety committees

• Health and safety representatives

• Employer and worker obligations

• CNESST inspection and enforcement powers

Worker obligations are primarily addressed in section 49, while employer obligations are set out in section 51.

For construction sites, the functions of the health and safety representative are found mainly in sections 209 to 215.

The Act to Modernize the Occupational Health and Safety Regime

The Act to modernize the occupational health and safety regime introduced major changes to Quebec’s prevention and worker participation mechanisms.

The modernization process includes an interim regime that requires workplaces to implement mechanisms based on their size and type of operation. These mechanisms may include:

• A health and safety representative

• A health and safety committee

• A health and safety liaison officer

• A prevention program

• An action plan

The rules for permanent establishments differ from those governing construction sites.

Obligations for Establishments With 20 or More Workers

Under Quebec’s interim regime, establishments with 20 or more workers must generally:

• Identify and analyze occupational health and safety risks

• Implement a prevention program

• Form a health and safety committee

• Designate at least one health and safety representative

A multi-establishment approach may be possible when the establishments carry out activities of the same nature under similar conditions. The arrangement must allow the prevention and participation mechanisms to function effectively.

Obligations for Establishments With Fewer Than 20 Workers

Establishments with fewer than 20 workers must generally:

• Identify occupational health and safety risks

• Develop an action plan

• Designate a health and safety liaison officer

These establishment-based requirements should not be used to determine whether an HSR is required on a construction site.

For more information, check out our article "Construction Worksite Safety Regulations."

The Importance of Training for a Health and Safety Representative

Source: Canva

Training is not limited to confirming that an HSR understands the title of the position. It gives the representative the legal and practical knowledge needed to inspect the site, recognize hazards, support workers and respond appropriately to accidents, incidents and regulatory inspections.

The required course depends on whether the representative serves part-time or full-time. These are separate training paths rather than an introductory course followed automatically by an advanced course.

Three-Hour Training for Part-Time Representatives

Under section 14 of the Regulation respecting prevention mechanisms specific to construction sites, an HSR designated under section 209 of the Act must obtain a certificate for at least three hours of theoretical training.

This requirement applies to the part-time representatives designated on construction sites where between 10 and 99 construction workers are present simultaneously at some point during the work.

The training covers:

• Prevention mechanisms applicable to construction sites

• The HSR’s role, functions and responsibilities

• Workplace inspections

• Assistance for workers exercising their occupational health and safety rights

• The HSR’s role during a CNESST inspector’s visit

• Accident investigations and the analysis of reported incidents

This short-form course gives the representative a practical foundation for carrying out site inspections and recognizing conditions that may put workers at risk. It also clarifies how the representative fits into the site’s prevention structure and how concerns should be communicated to the employer, prime contractor, coordinator or committee.

Training on worker rights helps the HSR explain available procedures without taking the place of a lawyer, regulator or union representative. For example, the representative should understand their role when a worker raises a safety complaint or exercises the right to refuse work they believe is dangerous.

The incident-investigation component helps the representative gather relevant facts, identify contributing hazards and recommend measures intended to prevent a similar event. The purpose is prevention rather than assigning personal blame.

Forty-Hour Training for Full-Time Representatives

Under section 15 of the same regulation, an HSR designated under section 212.1 of the Act must obtain a certificate for at least 40 hours of theoretical training.

This requirement applies to representatives assigned full-time on construction sites where at least 100 workers are expected to be present simultaneously or where the total project cost exceeds the applicable legal threshold.

The 40-hour program covers the same core areas as the three-hour course in greater depth. It also includes instruction on:

• The construction site’s prevention program

• The structure and operation of the site committee

• Risk identification and analysis

• Planning and documenting inspections

• Following up on recommended corrective measures

• Participating in accident and incident investigations

• Communicating prevention information to workers and site stakeholders

The longer course reflects the full-time representative’s continuous presence and greater involvement in the site’s prevention mechanisms. It prepares the HSR to track hazards over time, participate regularly in committee work and evaluate whether corrective measures are being implemented.

The course does not transfer responsibility for site safety from the employer or prime contractor to the representative. Instead, it helps the HSR exercise their own functions effectively and provide informed recommendations.

Training Certificates and Access to Courses

The required certificate must be issued by the CNESST or by an organization it recognizes.

Part-time training is available through the CNESST in partnership with Université TÉLUQ as a self-directed online course. Full-time theoretical training is delivered in person through representative associations in the construction industry.

A worker must be properly designated as an HSR to access the corresponding training. Representatives should keep their training certificate because it confirms that the regulatory requirement has been completed.

Who pays for HSR training?

A representative may take the time needed to participate in the required training without loss of pay, subject to the applicable legislative provisions.

The Act respecting occupational health and safety provides that registration, travel and accommodation expenses are borne by the CNESST in accordance with the relevant regulation. This may include eligible:

• Registration fees

• Transportation expenses

• Parking expenses

• Meal expenses

• Accommodation expenses

Coverage is not automatic for every expense. Eligibility, allowable amounts and required supporting documents depend on the applicable rules and the representative’s circumstances.

The representative should confirm the reimbursement process before registering for an in-person course or making travel arrangements. Receipts and proof of designation may be required.

How Training Supports the HSR’s Work

The training requirement helps ensure that an HSR can move beyond simply reporting a visible hazard. A properly trained representative should be better prepared to:

• Recognize how prevention mechanisms apply on the site

• Plan and conduct useful workplace inspections

• Document hazards and recommendations clearly

• Assist workers in understanding their occupational health and safety rights

• Participate constructively during a CNESST inspection

• Gather relevant information following an accident or incident

• Recommend practical corrective and preventive measures

• Follow up to determine whether identified hazards were addressed

Training cannot cover every technical risk that may arise on a construction project. When a concern involves engineering, hazardous materials, electrical work, structural stability or another specialized field, the representative should seek input from the appropriate qualified professional or regulator.

The Challenges and Opportunities of a Health and Safety Representative

Source: Soluo

An HSR or liaison officer operates between workers and employers. They may need to remind workers to wear personal protective equipment while also ensuring that employers provide the equipment and preventive measures required for the work.

Disagreements may arise over the seriousness of a hazard, the recommended solution or how quickly corrective action should be taken. The representative must remain factual, document the concern and use the workplace’s prevention and regulatory processes.

Quebec legislation protects health and safety representatives from dismissal, suspension, transfer, discrimination or reprisals because they exercised their functions. This protection helps representatives raise legitimate concerns without fear of employer retaliation.

A health and safety representative is therefore more than a workplace observer. Through inspections, documentation, recommendations, training and regulatory follow-up, the HSR helps workers and employers address hazards before they result in an accident or occupational illness.