Occupational health and safety complaints
Workers may file a complaint if they believe they were dismissed, suspended, transferred or were the subject of a discriminatory measure or reprisals by their employer because they:
- suffered an employment injury (injury or illness)
- exercised a right recognized by the Loi sur les accidents du travail et les maladies professionnelles (LATMP)
- exercised a function or a right recognized by the Loi sur la santé et la sécurité du travail (LSST)
How to file a complaint
A worker has 30 days after the event in question to file a complaint.
A worker who wishes to file a complaint can complete the File a complaint questionnaire. If the complaint is admissible, they will be directed to the appropriate instructions for filing an official complaint.
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 who is responsible for handling the complaint, 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, the mediator/adjudicator summons them to a hearing. After the hearing, the mediator/adjudicator accepts or rejects the complaint. The parties have 45 days to contest the decision with 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.