The HSR in Construction: A Status of Employment to Clarify

In an article published by the CEGQ (Corporation of General Contractors of Quebec), our professionals, Mylène Bureau-Turcotte and Éric Thibaudeau, examine the case of FTQ-Construction and Garoy Construction. 

Since 2023, the Act Respecting Occupational Health and Safety (AOHS) requires a full-time Health and Safety Representative (HSR) on construction sites valued at $12 million or more, but legal ambiguities complicate its application. Faced with this legal limbo, Garoy Construction (Garoy) asked HSRs assigned to its construction sites to sign a confirmation of employment, which the FTQ-Construction perceived as a ploy to interfere in union activities. 

This case, brought before the Tribunal administratif du travail, construction division, led to an agreement clarifying the employment status of HSR workers on construction sites, as well as the nature of their relationship with employers. 

The FTQ-Construction and Garoy case allowed both parties to adopt a modus operandi that could set a positive precedent in other cases: signing a confirmation of employment that formalizes the employer-employee relationship between the contractor and the HSR worker, according to the terms of the collective agreement. This will enable the contractor to manage HSRs’ tasks and provide them with their own policies and procedures. 

Several questions remain unanswered. Our lawyers advise clarifying relationships with HSRs (whether employee or union) by relying on appropriate contracts such as: hiring, workforce leasing, or reimbursement agreements. 

Read the full article here. (French only)