Dispute with your employer regarding occupational health and safety
Workers may file a complaint if they believe they suffered negative consequences from their employer after:
- an employment injury (injury or illness)
- exercising a right recognized by the Loi sur les accidents du travail et les maladies professionnelles
- exercising a function or a right recognized by the Loi sur la santé et la sécurité du travail
- exercising a right recognized by the For a Safe Maternity Experience Program
These consequences include:
- discriminatory measures
- refusal of reinstatement in a job
- any other sanction
Unionized workers may file a complaint with the CNESST or use the grievance procedure provided for in their collective agreement.
How to file a complaint
A worker has 30 days after the event in question to file a complaint.
The worker must complete the File a complaint questionnaire (in French only). If the complaint is admissible, they will be directed to the appropriate procedure for filing an official complaint. Then, the worker must send the form to the CNESST and give a copy of the complaint to their employer.
When a complaint is received
When a complaint is received, the CNESST sends an acknowledgement of receipt.
It assigns the complaint to a mediator/adjudicator. They are responsible for handling the file, in the first instance by proposing mediation.
If the worker and the employer are unable to reach an agreement and the worker maintains their complaint, a mediator/adjudicator summons them to a hearing. After the hearing, the mediator/adjudicator accepts or rejects the complaint. The parties have 60 days to contest the decision before the Tribunal administratif du travail.
Decisions rendered by mediators/adjudicators
Decisions rendered by mediators/adjudicators following a complaint filed under the AIAOD or the AOHS are public. You can consult them on the Société québécoise d’information juridique site.