Since Bill 59, the Act to modernize the OHS (Occupational Health and Safety) regime, was assented to, various effective dates have been set in order to introduce the changes gradually. To see all the changes and their effective dates, please refer to the CNESST website.
Our team takes a brief look at the new features coming into force on October 6, 2022, and the impact they will have on employers. The changes affect the following aspects:
- temporary assignment;
- Medical Evaluation Office;
- the duty to accommodate;
- rehabilitation;
- job search support and accompaniment;
- the experienced worker.
If a worker goes before a member of the Bureau d’évaluation médicale (BEM) and the latter gives his opinion on the date of consolidation, he will also have to determine the after-effects immediately (unless he is prevented from doing so for medical reasons). In addition, in the event that he finds that there is sufficient care and treatment, he will be able to decide on the date of consolidation. In practical terms, these changes are designed to avoid time lost due to medical delays. In this sense, the worker’s medical file will have to be forwarded simultaneously with the challenge to the ERO by the CNESST. After October 6, the challenge and the worker’s medical file must be sent simultaneously to the BEM.
From October 6, the CNESST will be able to determine whether a worker is entitled to rehabilitation measures before medical consolidation. The primary aim is to encourage a return to work, by enabling workers to gradually develop their ability to resume their tasks. When such measures are taken, the employer pays the employee a salary in accordance with article 180 of the LATMP. However, broader measures are also possible, such as adapting leisure equipment, a car, a home or other items.
All measures, whether social or professional, must be submitted to the health professional in charge of the worker, unless they have no effect on his or her health. The employer will be able to participate in the development and modification of the individualized rehabilitation plan. You may therefore be called upon to collaborate on measures leading to the modification of tasks. Measures aimed at rehabilitation after the consolidation of an occupational injury remain in place and have also been extended. What’s more, rehabilitation measures can continue even once the injury is stable or healed.
CNESST will continue to offer job search assistance when suitable employment is not available with the employer where a worker has suffered an employment injury. Moreover, in cases where reintegration has not been possible due to undue hardship, workers will be entitled to job search support and accompaniment services. What’s new is that this service is no longer optional, and that workers must participate in it, otherwise they will see a reduction or suspension of their IRR to which they are entitled for a period of up to one year during their job search.
For clients of the Demers Beaulne prevention mutual group, our experts will help you comply with these new obligations and new ways of doing things. We’ll be offering a training session to help you understand the impact of these changes and answer any questions you may have. You will receive an invitation by e-mail shortly to register.
Not a member of our prevention mutual group? Don’t hesitate to contact our human capital team for tailor-made support.
Article written by our colleague, Alice Cloutier
