Contesting a temporary assignment
A worker may contest a temporary assignment, despite the health care professional's favourable opinion, if they believe:
- they are not capable of performing the work they have been assigned
- that the work endangers their health, safety or physical and psychological well-being given their injury or illness
- that the work is not beneficial to their rehabilitation
How to contest a temporary assignment
To contest a temporary assignment, the worker must apply to their company's health and safety committee (in French only) or safety representative and to their employer. They will have to examine the application and make a decision by consulting the health care professional in charge of health services in the company or, if there is no health care professional, the public health director of the region where the establishment is located.
If there is no safety committee or safety representative, the worker may send their application to contest the temporary assignment to the CNESST office in their region. A decision will be rendered within 20 days.
Important
Decisions rendered under the For a Safe Maternity Experience Program may also be contested, for example, a reassignment.