Reconsideration of a decision

Reconsideration of a decision concerning occupational health and safety allows the CNESST to rule a second time on a decision, under certain conditions. This means the CNESST can review a decision it has already rendered, on its own initiative or at the worker’s or the employer’s request. It may do so in order to:

• correct any errors within 90 days of the decision
• re-examine the decision if an essential fact was not known when the decision was rendered

A worker or an employer who wants to apply for reconsideration of a decision has 90 days from the time they become aware of the essential fact to file their application with the CNESST.

The CNESST cannot reconsider a decision to correct an error if a decision is rendered following an administrative review or if the decision is being contestated before the Tribunal administratif du travail (in French only).