Questions and answers – COVID-19

Under Order-in Council 2020-105 dated December 17, 2020 and the new measures decreed by the Government of Quebec, telework is a mandatory measure that companies, organizations or the public administration must consider for their employees who perform administrative tasks or office work so that these employees may continue to perform these tasks remotely, with the exception of employees whose presence is essential to the continuation of the activities of the company, organization or public administration.

Remember that the employer must take the necessary measures to protect the health and ensure the safety and physical well-being of workers, as provided for in section‑51 of the Act respecting occupational health and safety (AOHS). To fulfil these obligations, they must determine the means that will be used to reduce and control the risk of spreading COVID‑19. Telework is one of the measures the employer must consider for their employees.

The employer must identify tasks that are essential to the continuation of their activities, determine the work to be done, how it must be done and when it must be done. An employer who wants to maintain activities in their offices that are necessary for the smooth operation of their company must do only what is essential to the continuation of the activities. They must ensure that the recommended preventive measures have been implemented, namely, the exclusion of people who have symptoms from the workplace, physical distancing, hand hygiene, cough and sneeze etiquette and the maintenance of hygiene measures for tools, equipment and high-touch surfaces.

The CNESST is the government body in charge of administering the occupational health and safety plan. In matters of prevention, it is responsible, in particular, for monitoring compliance with the Act respecting occupational health and safety and its regulations and for ensuring that workplaces meet occupational health and safety requirements.

In the context of COVID-19, the CNESST was identified by the Government of Quebec on the list of priority health and social services organizations and on the list of priority services and jobs that entitle workers to emergency childcare services.

• Economic sectors covered by the closure order (COVID‑19)

The CNESST is playing a leading role in preventing the spread of COVID-19 and is working closely with the public health department on a daily basis.

From the outset, inspectors were deployed throughout Québec to help workplaces implement adequate occupational health and safety measures.

The inspectors take action, particularly in workplaces where employees have exercised their right to refuse to work under the Act respecting occupational health and safety (AOHS), where complaints have been filed or where serious industrial accidents have taken place. They are authorized to verify compliance with the AOHS and regulations and, if necessary, demand that unsafe situations be rectified. Thus, they can intervene to check whether the employer has put in place the preventive measures required to protect the health and safety of workers. For information purposes, between March 13, 2020 and February 21, 2021, inspectors carried out more than 18,897 interventions concerning COVID‑19, in particular following 5,051 complaints and 40 rights of refusal under the AOHS.

To support workplaces with respect to occupational health and safety management, the CNESST has developed awareness raising and information tools. A COVID‑19 toolkit is available on its website that includes several COVID‑19 health standards guides, quick references, checklists and a poster summarizing the preventive measures to be implemented. These tools were developed by the CNESST in collaboration with union and employer representatives and in partnership with the Direction générale de la Santé publique and the Institut national en santé publique du Québec (INSPQ) to address the concerns of workplaces in various sectors of activity regarding the measures to be put in place to prevent the spread of the virus.

The toolkit also contains health standards guides for:

• retail trade and shopping centres;
• manufacturing;
• the mining sector;
• schools;
• child care services;
• family daycare services;
• public tranit;
• construction;
• indoor and outdoor sports and leisure activities and outdoor activities;
• the accommodation and camping sectors
• day camps;
• agriculture;
• personal care and esthetics services;
• therapeutic care;
• dental care;
• museums and libraries.
• public and private residential and care facilities for older adults
• audiovisual production
• wholesale trade
• centres that offer training that leads to a qualification
• performing arts, performance venues and cinemas
• centres that offer training that leads to a qualification
• higher education
• forest management
• the school network
• restaurants and bars
• intercity bus transport in Québec
• places of worship

COVID‑19 toolkit

A mobile app on the measures to be implemented to prevent the spread of COVID‑19 is available on Google Play or App Store. This scalable app is intended as an essential awareness-raising tool to accompany and support employers and workers in ensuring that companies in Québec continue to operate. Its purpose is to help them observe the health guidelines issued by the Direction de la santé publique. Free and easy to use, this first version of the mobile app is accessible anywhere, anytime.

Prevention-inspection inspectors also provide support to address concerns and provide information to workplaces, in particular on employer and worker obligations with respect to the preventive measures that must be put in place to reduce the biological risk associated with COVID‑19 that may affect workers' health. For this service, you must call the CNESST's general number and ask to speak to an inspector on call at 1 844 838‑0808.

In addition to the support offered by its prevention-inspection inspectors, the CNESST has put a prevention promotion approach in place whereby additional information officers may provide support to workplaces with respect to occupational health and safety management related to COVID-19. Prevention promotion officers from the CNESST, ministries and organizations and its partners are involved in informing and raising awareness among employers and workers on the preventive measures to be implemented in the workplace to reduce and control the spread of COVID-19.

To initiate the movement to combat COVID‑19 in the workplace, the CNESST invites all workplaces to sign a charter of commitment (french only) to commit to take the actions required to reduce the risk of spread of the virus. To date, the Minister of Labour, Employment and Social Solidarity, the Chair of the Board of Directors and Chief Executive Officer of the CNESST and the National Director of Public Health and Assistant Deputy Minister, Ministère de la Santé et des Services sociaux and all members of the CNESST’s Joint Board of Directors have signed the charter of commitment.

The preventive measures in the Covid-19 toolkit apply throughout Québec, regardless of the alert level. The CNESST’s inspectors continue to carry out their interventions, in particular verifying whether the employer has implemented the preventive measures required to protect the health and safety of workers. Interventions are also intensified in orange and red zones.

It should be noted that the CNESST's intervention priorities are adjusted based on the information received from Public Health in this regard.

Therefore, the CNESST is continuing its efforts to equip workplaces with respect to occupational health and safety management. In addition to ensuring that its COVID‑19 toolkit remains current based on new and changing information, it plans to continue its initiatives to promote and raise awareness in the workplace.

The CNESST’s inspectors continue to carry out interventions to monitor the implementation of the new restrictions decreed by the Government of Quebec. The specific health standards guides continue to be applied in workplaces included on the list of priority services.

Remember that the CNESST plays a leading role in prevention in the current situation and works in collaboration with the Direction de la Santé publique team on a daily basis. It continues to carry out interventions to verify whether employers have implemented the preventive measures required to reduce and control the risks associated with COVID-19 for their workers. Teleworking is one of the measures employers must use to achieve this during the pandemic.

Therefore, given the order-in-council and the new measures decreed by the Government of Quebec, telework is a mandatory measure that companies, organizations or the public administration must consider as a priority for any employees who perform administrative tasks or office work so that they may continue to perform these tasks remotely.

Remember that the employer must take the necessary measures to protect the health and ensure the safety and physical well-being of workers, as provided for in section 51 of the Act respecting occupational health and safety (AOHS). To fulfil these obligations, the employer must determine the means that will be used to do so and also identify employees who perform tasks that are essential to the continuation of activities.

For tasks that cannot be performed remotely, the employer must manage occupational health and safety in their workplace and do only the minimum tasks that have to be done in person. They must ensure that the recommended preventive measures have been implemented, namely, the exclusion of people who have symptoms from the workplace, physical distancing, hand hygiene, cough and sneeze etiquette and the maintenance of hygiene measures for tools, equipment and high-touch surfaces.

If you have any questions or complaints about the obligation to do tasks by telework, you should know that the CNESST has the authority to intervene in the matter and will assess all situations on a case-by-case basis. The employer will be contacted by the inspectors and will have to show, where applicable, that they assessed the feasibility of doing the tasks by telework and that they would be forced disrupt service if they did so or that the work cannot be done remotely. For example, taking inventory, packing online orders, picking up mail and processing accounts are tasks that cannot be done remotely.

No, Order 2020-076 of the Minister of Health and Social Services states that no person may require that a person install or use the application or disclose the information it contains. The use of the app is voluntary and confidential.

In the event that a workplace does not comply with government guidelines and the employer does not address the COVID-19-related risk, a CNESST inspector could issue remedial notices to ensure that the employer identifies, controls and eliminates the biological hazard.

If the inspector deems that the health, safety or physical well-being of workers is at risk, they may order the closure of the workplace until the employer takes corrective action.

Yes, an employer must take the necessary measures to protect the health and ensure the safety and physical well-being of workers, as provided for in section 51 of the Act respecting occupational health and safety (AOHS). To this end, the employer must take measures to identify, control and eliminate the virus. Here are some examples of preventive measures that can be implemented to reduce this risk:

• Encouraging hand washing and proper respiratory etiquette (coughing and sneezing into a tissue or your elbow)
• Regularly cleaning and disinfecting surfaces, doorknobs, tools and equipment
• Adopting a work practice the encourages 2 metres of physical distancing from any person
• Supporting telework
• Developing a procedure for exclusion from the workplace of workers exhibiting COVID-19 symptoms.

The workers should be informed of the risks and the preventive measures implemented to reduce and control them.

In accordance with section 49 of the AOHS, a worker must take the necessary measures to ensure his health, safety or physical well-being and see that he does not endanger the health, safety or physical well-being of other persons at or near his workplace.

Suppliers, subcontractors, partners and customers have been informed of the measures implemented by the company to reduce and control COVID-19-related risks and have been made aware of the importance of complying with these measures.

Here are basic public hygiene measures.

• Wash your hands often with warm running water and soap for at least 20 seconds.
• Use an alcohol-based disinfectant if soap and water are not available.
• Always follow proper hygiene when coughing or sneezing.
• Cover your mouth and nose with your arm to reduce the spread of germs.
• If you use a tissue, throw it away as soon as possible and then wash your hands.
• If you have symptoms (cough, fever, difficulty breathing, sudden loss of smell), stay at home and call this toll-free number if necessary: 1-877-644-4545 .
• Avoid direct contact for greetings (e.g., handshakes). Use other methods instead.
• Apply social distancing.

For more information, please consult the fact sheets produced by our partner, Institut national de la Santé publique du Québec.

Under the Act respecting occupational health and safety (AOHS), the employer has an obligation to protect the health, safety and physical well-being of their workers. To this end, the employer must take the necessary measures to do so (section 51). This includes using methods and techniques to identify, control and eliminate hazards in the workplace.

During the COVID‑19 pandemic, the employer must adopt the necessary preventive measures to protect workers against the risk of contamination. How they choose to fulfil this obligation is up to the employer.

An employer may choose to ask their workers to get tested for COVID‑19 to check their health. It is a preventive measure to limit the spread of the virus that falls under their right to manage and allows them to fulfil their legal obligations with respect to occupational health and safety during the pandemic.

At this time, getting workers tested for Covid‑19 is not one of the health check measures made public by the CNESST. The COVID‑19 Workplace Health Standards Guide suggests that, in order to prevent the transmission of the disease, employers should identify workers who have symptoms of COVID‑19 before they enter the workplace, either by means of a questionnaire or by worker self-assessment. A procedure for excluding workers who have symptoms from the workplace should also be developed.

It is important to note that the information collected is confidential and that the employer must take the necessary measures to protect the confidentiality of this information.

Workers who receive a positive COVID‑19 test result must inform their employer in accordance with the instructions received from the Direction générale de la santé publique. The employer must cooperate in epidemiological surveys initiated by the Direction générale de la santé publique. The results of the Direction générale de la santé publique survey will determine whether people who have been in contact with the symptomatic person can report for work or must self-isolate.

In addition, anyone who has a contact in their household who has symptoms of COVID‑19 or is under investigation and waiting on test results or who has recently been diagnosed with COVID‑19 must refer to the INSPQ recommendations.

In the current context, employers should pay particular attention to cyber-harassment, especially if part of the team is working from home. It is also important to define expected behaviours and behaviours that are deemed inappropriate, such as incivility, including digital incivility, on the part of anyone in the workplace.

Furthermore, no violence of any kind should be tolerated between individuals (co-workers, superiors, subordinates), even if it originates externally (customers, users, suppliers, subcontractors). Employers are invited to display this information and inform their staff. Having a healthy work environment is crucial and should be a top priority, especially in the context of a pandemic. Maintaining harmonious relations between the employer, workers and customers is absolutely critical.

The employer could, for example, establish means of communication to promote social support, especially if work is done from home. In addition, employers should treat the concerns of their employees with respect. They should encourage employees to inform them of any difficulties they encounter so work–family balance measures can be put in place, if possible. It is important to quickly identify the people who are most vulnerable to pandemic-related psychosocial risks.

There are four categories of signs and symptoms of psychological distress: physical, cognitive, emotional and behavioural. To be significant, these symptoms must be accompanied by a change in habits and behaviours. New hires, reassignments, stress and fatigue related to this unusual situation may require special measures. It is important to direct workers experiencing psychological distress to the employee assistance program (EAP) or other supporting resources.

A generic quick reference guide on psychosocial risks in the workplace has been developed.

Here are some useful phone numbers to call if you need help:

• Construire en santé Program: 1-800-807-2433
• Info-Social psychosocial telephone counselling service: 811
• Centre prévention du suicide (suicide prevention centre): 1-866-277-3553

The employer must disinfect the workplace when a person has had flu-like symptoms.

Cleaning and disinfecting surfaces helps limit the spread of the virus within the company. Cleaning surfaces eliminates dirt. Disinfecting them kills the remaining microorganisms. According to section 152 of the Regulation respecting occupational health and safety, the word “disinfected” means being washed with a bleach-based solution or with some comparable product. For more information,the INSPQ has issued recommendations: https://www.inspq.qc.ca/en/covid-19/environment/surface-cleaning.

Housekeeping products must be used in accordance with the manufacturer’s instructions to ensure their effectiveness. Health Canada recommends a list of disinfectants effective against the virus causing COVID-19 : https://www.canada.ca/en/health-canada/services/drugs-health-products/disinfectants/covid-19/list.html

A generic quick reference guide on workplace sanitation has been developed.

As stipulated in section 51 of the Act respecting occupational health and safety, every employer must take the necessary measures to protect the health and ensure the safety and physical well-being of his worker.

Yes, the employer must inform their worker not to report for work if they represent a risk of contamination for other workers and that they may be denied access. As stipulated in section 51 of the Act respecting occupational health and safety (AOHS), “every employer must take the necessary measures to protect the health and ensure the safety and physical well-being of his worker.”

Workers who receive a positive COVID‑19 test result must inform their employer in accordance with the instructions received from the Direction générale de la santé publique (DGSP).

The employer must cooperate in epidemiological surveys initiated by the DGSP. The results of the DGSP survey will determine whether people who have been in contact with the symptomatic person can report for work or must self-isolate.

In addition, anyone who has a household contact who has symptoms of COVID‑19 or is under investigation and waiting on test results or who has recently been diagnosed with COVID‑19 must refer to the INSPQ’s recommendations.

In response to the COVID-19 pandemic, the federal government passed an Emergency Order under the Quarantine Act. It includes a mandatory 14-day isolation period for all persons returning from abroad. Those who fail to comply with this obligation are liable to a fine or imprisonment. These people must be vigilant and monitor their symptoms. Workers must inform their employer if they exhibit symptoms.

The Direction générale de la santé publique authorizes people to be released from self-isolation once all the following criteria have been met:

• A period of at least 10 days from the onset of the first symptom associated with COVID‑19 (including non-respiratory symptoms)
• Improvement in the clinical presentation over the past 24 hours (excluding anosmia, agueusia and residual cough which may persist)
• No fever in the past 48 hours (without using antipyretics)

As a general rule, hospitalization is not required for most people who become infected. Most people should therefore be able to stay at home.

However, since the health care system is unable to certify that the above criteria have been met, a medical certificate is not required for a return to work. 

As stipulated in section 51 of the Act respecting occupational health and safety (AOHS), “every employer must take the necessary measures to protect the health and ensure the safety and physical well-being of his worker.” On construction sites, employers and the principal contractor share the responsibility to ensure the health and safety of workers.

To this end, the employer must take measures to identify, control and eliminate the virus. For example, the employer must take the necessary sanitary measures to limit the spread of the virus. This obligation also applies to construction sites.

In accordance with section 49 of the AOHS, a worker must “take the necessary measures to ensure his health, safety or physical well-being and see that he does not endanger the health, safety or physical well-being of other persons at or near his workplace.”

In the event that a workplace does not comply with government guidelines and the employer does not address the COVID-19-related risk, a CNESST inspector could demand that the workplace be closed until the employer takes corrective action.

To address the construction industry’s concerns regarding the spread of COVID-19, at the request of the Minister of Labour, Employment and Social Solidarity, the CNESST has created the CNESST Tactical Committee – COVID-19 Construction Sites, bringing together employer and labour associations in the construction industry.

This Committee is responsible for identifying problems, sharing good practices and finding preventive solutions to enforce public health guidelines and recommend measures to be implemented on construction sites. Tools have been developed to support the construction industry in this implementation. Preventive measures is specified in these tools to protect the health of construction industry workers.

These preventive measures apply when work resumes on construction sites and will be updated regularly as the situation develops.

Employers must inquire about the health of each of their workers daily, upon arrival at work, by having them answer the following questions:

• Do you have any of these symptoms: cough, fever, difficulty breathing, sudden loss of smell?
• Have you been out of the country in the last 2 weeks?
• Are you in contact with someone who has COVID-19?

If worker answer yes to any of these questions, they must stay home.

Temperature taking is not recommended because the results are unreliable, especially for people who work outdoors.

It is important to tell workers to go back home if they have symptoms suggestive of COVID-19.

Answers to these questions are confidential and employers must take the necessary steps to ensure their confidentiality.

Employers must make every effort to ensure that work is arranged in such a way that workers can maintain a physical distance of 2 metres from each other.

Employers must also take care to ensure that a physical distance of 2 metres is observed during the following situations: arrival at the work site, breaks, meals and departure from the work site.

Work must be scheduled in such a manner as to avoid having a large number of workers in the same place at the same time. That said, teams of workers should be kept together.

If physical distancing cannot be respected for more than 15 minutes without a physical barrier, measures must be taken to protect the workers.

Physical distancing may not be possible for a short period due to the nature of the work to be done. Consequently, workers should always avoid touching their face and should cough into their elbow.

It is also recommended to avoid face-to-face meetings and to use the telephone or the Internet instead.

Transportation

By vehicle

Use of a personal vehicle is preferred to get to the workplace.

When 2 or more workers use a company vehicle, they must wear a procedure mask (surgical mask) and protective eyewear (protective glasses or visor covering the face down to the chin), as prescribed in the section “Use of specific personal protective equipment for COVID-19”.

However, when the company vehicle is equipped with physical barriers (according to the SAAQ criteria):

• the passenger in the rear isolated from the seat does not have to wear protective equipment;
• the passengers in the rear isolated from the front and from each other do not have to wear protective equipment;

The number of people in pickup is limited to 4.

The presence of 2 workers in a pickup or service vehicle is accepted without wearing protective equipment, only on condition that the following preventive measures are respected:

• Strictly apply exclusion from the work environment for people exhibiting symptoms associated with COVID-19;
• Keep this same team of workers (tandem) stable for several weeks;
• Maintain the same position (driver or passenger) for the duration of the project;
• Avoid sharing material and equipment (tablets, pencils, communications devices, etc.).
• Clean and disinfect the vehicle (dashboard, steering wheel, gearshift, instruments, etc.) in the case that rotation between the driver and the passenger becomes absolutely necessary and on each shift change.

The ventilation in the vehicle must have an outdoor air intake. The surfaces touched by the workers must be washed regularly. The same driver must be preferred.

On a bus

For transportation of workers by bus, it is recommended to maintain 2 metres of physical distancing.

If it is impossible to maintain this distancing, reduce the occupancy rate by 50% and install physical barriers (according to the SAAQ criteria) or, failing this, the workers must wear a procedure mask (surgical mask) and protective eyewear (protective glasses or visor covering the face down to the chin).

See diagram

It should be noted that the ventilation in the vehicle must have an outdoor air intake. The surfaces touched by the workers must be cleaned and disinfected regularly. The same driver must be preferred.

Elevator

For transportation of workers by elevator, it is recommended to maintain 2 metres of physical distancing.

If 2 metres of physical distancing cannot be maintained, the occupancy rate must be reduced to 50% or less of the elevator's capacity. The occupants must wear a procedure mask (surgical mask) and protective eyewear (protective glasses or visor covering the face down to the chin).

The workers must face the outside of the cage to avoid being within another person's breathing area (avoid standing face to face).

The frequently touched surfaces must be cleaned and disinfected regularly: call buttons, door handles, etc.

Presence of toilets on site

A toilet must be made available to workers from the first day of work. For work sites with 25 workers or more, flushing toilets and sinks are required in accordance with the Safety Code for the construction industry.

In fact, a sink containing clean and temperate water must be placed at the disposal of workers for each flushing toilet. It must be maintained in good operating condition.

The following products must also be placed at the disposal of workers:

• Soap or another cleansing agent
• A hand dryer, roller towels or paper towels

Where paper towels are used, waste paper baskets, contactless if possible, must be used for their disposal.

Other measures to be implemented

• A notice indicating that the water is not suitable as drinking water must be displayed so that it is visible to workers.
• For work sites with no more than 24 workers, a chemical toilet may be used.
• Toilets must be washed at least twice per work shift—half way through and at the end.
• It is important to clean surfaces that workers are likely to touch.

Presence of water for hand washing

• The employer must ensure that workers have the means to wash their hands at the construction site.
• Encouraging hand washing with soap and water for at least 20 seconds should be a priority at the work site.
• If soap and water are not available, an alcohol-based gel (60% or more) must be used for at least 20 seconds.
• Mobile cleaning units (rentals) are recommended where appropriate.

All workers on site must clean their hands:

• Upon arriving at and leaving the work site
• Before and after eating
• Before and after a break
• Before smoking
• When they go to the toilet

Keeping the lunch room clean

According to the Safety Code for the construction industry, “on any work site where there are 10 or more workers and where the work lasts more than 7 days, the employer must make a room available to the workers where they may take their meals”.

It is important to clean the lunch room tables before and after each use. The table should be covered with an easily washable surface (plastic or smooth), and the lunch room and its appliances and accessories (refrigerator, microwave, chairs, handles, etc.) should be cleaned every shift to avoid infection.

Depending on how the site is set up, there are many ways to ensure that workers can maintain a social distance of 2 metres between each other during meals: adding trailers, scheduling more than one meal time so workers are not all in the trailer at the same time.

It is also important to leave some space between work clothes hung up in the trailer, and tools, equipment and supplies must not be stored in the lunch room.

Tool cleaning

It is recommended that workers do not share tools with each other. If they must, the tools must be disinfected whenever they change hands.

At the end of each shift, it is important to clean and disinfect shared tools and work equipment.

Using gloves does not protect workers against COVID-19. The important thing is to not put your gloves or hands in your face.

According to the public health department, the virus does not penetrate the skin. It is therefore recommended to follow general hygiene practices such as not putting your hands or gloves in your face and washing your hands regularly.

To remove your gloves without becoming infected, it is recommended to follow the procedure provided by Ministère de la Santé et des Services sociaux.

When carrying out emergency work (plumbing, electricity, etc.) at a contaminated site, always keep a social distance of at least 2 metres from any infected person.

It is important to wash your hands and tools when you leave the site.

It is not recommended for construction workers to wear specific protective equipment to protect themselves against COVID-19 when 2-metre physical distancing is respected. It is also strongly recommended not to wear a procedure mask at all times when this is not required, because this increases the risks associated with excessive handling of the mask.

If tasks absolutely require being within 2 metres of another person or persons for a period of more than 15 minutes without a physical barrier (15 minutes cumulative with anyone present during the shift), wearing a procedure (surgical) mask and protective eyewear (protective glasses and visor covering the face down to the chin) is required.

However, particularly due to heat, dust, oppressive humidity, bad weather, the tasks performed, work position, frequency of handling of the mask and the respiratory requirement, wearing a procedure mask is not always the best solution. In these circumstances, wearing only a visor is a valid alternative (see document from the Institut national de santé publique du Québec (INSPQ) : Hiérarchisation des mesures de contrôle en milieu de travail (Ranking of control measures in the work environment).

Wearing a visor must not represent an additional risk for the worker's safety in performing tasks.

Use of a self-contained breathing apparatus (SCBA) necessary to guard against other risks complies with the above-mentioned requirements for wearing a procedure mask.

The most effective preventive measures are still to wash your hands often, avoid touching your face and maintain distancing.

Although wearing a face covering (homemade mask) is required in indoor public spaces, including public transit and stores, and can contribute to reduce the spread of COVID-19 among the population, supplementing other public health measures, it is not recommended on construction sites. A face covering is not personal protective equipment. Without certification, it does not offer a sufficient degree of protection to protect workers’ health and safety and can even be a source of health problems if it is improperly used.

A worker must take the necessary measures to ensure his health, safety or physical well-being and see that he does not endanger the health, safety or physical well-being of other persons at or near his workplace. A worker who is experiencing symptoms should inform their employer of these symptoms.

The employer must ask the worker about the risk factors underlying the need for self-isolation. If the employee refuses to comply, the employer may inform the employee that administrative or disciplinary action may be taken.

In response to the COVID-19 pandemic, the federal government has passed the Quarantine Act. The Act requires that anyone returning from abroad self-isolate for 14 days. Those who fail to comply with this obligation are liable to a fine or imprisonment.

For more details on the steps the government is taking to curb the spread of the virus, go to quebec.ca/en/coronavirus.

According to the Government of Quebec website, people age 70 or over are most at risk of dying from COVID‑19 complications. Therefore, in order to protect their health, they are asked to stay at home.

However, people over the age of 70 may continue working. The INSPQ has developed recommendations to protect workers who are at risk of developing complications from SARS-CoV-2 infection due to a chronic disease. A worker who is age 70 or over, with or without a chronic illness, is now defined as at high risk for complications of COVID-19 according to the INSPQ. The measures to be applied for these workers now vary depending on the regional alert level (green, yellow, orange and red).

• Workplaces in regions at the green and yellow alert levels:
  • Workers may perform tasks within 2 metres of other people if they are protected by appropriate personal protective equipment (PPE).* However, physical distancing and the use of an appropriate physical barrier must remain the preferred option and tasks within 2 metres with PPE should be limited as much as possible.
• Workplaces in regions at the orange and red alert levels:
  • Workers may perform tasks within 2 metres of other people provided there is an appropriate physical barrier (33). PPE is not accepted as a substitute for physical barriers. Note that brief interactions within 2 metres, such encountering someone in a corridor or a stairway without stopping, represents a low risk of transmission of the virus. Therefore, the inability to eliminate these types of interactions should not immediately lead to reassignment. However, we recommend that vulnerable workers wear a medical mask (procedure mask) when these interactions are likely to occur as they move around in the workplace.

An employer who wishes to employ a person who is 70 years of age or older must, however, take the necessary measures to protect the health and ensure the safety and physical well-being of the worker (s. 51, AOHS). If a worker who is 70 years of age or older has reasonable grounds to believe that the performance of their work would expose them to a danger to their health, safety or physical well-being or would expose another person to a similar danger, they may exercise their right to refuse to work as provided for in s. 12 of the AOHS.

As for the worker, it is their responsibility to take the necessary measures to protect their health, safety or physical well-being and to ensure that they do not endanger the health, safety or physical well-being of other people near the workplace (s. 49 of the AOHS). If the worker has reasonable grounds to believe that the performance of their work would expose them to a danger to their health, safety or physical well-being or would expose another person to a similar danger, they may exercise their right to refuse to work as provided for in s. 12 of the OHSA.

Finally, it should be noted that the worker retains their right to continue to work provided they have been adequately informed of the risks associated with their work and the employer has taken all the necessary measures to protect the worker’s health.

Section 32 of the Act respecting occupational health and safety (AOHS) stipulates that a worker exposed to a contaminant may request to be re-assigned to duties that do not entail such exposure. To this end, the worker must give the employer a medical certificate attesting that exposure to this contaminant is hazardous to the worker in view of the fact that the latter’s health shows signs of deterioration. The employer must then re-assign the worker to duties that involve no such risk. If the employer cannot re-assign the worker, a request for preventive withdrawal may be made to the CNESST.

However, a medical assessment confirming that the worker’s health has been affected is required. If the worker has already been infected with COVID-19, then the recourse provided for in section 32 of the AOHS is inappropriate, since its purpose is to prevent infection.

If a worker has reasonable grounds to believe that they are at risk of contracting the virus in the course of their work, section 12 of the AOHS stipulates that they have the right to refuse to work in order to ensure their health, safety and physical well-being.

In addition, if a worker with COVID-19 believes that they were infected as a result of or during their work, they may be entitled to compensation under the Act respecting industrial accidents and occupational diseases (AIAOD).

For all COVID-19 claims, the worker must consult a physician to obtain a medical certificate confirming the diagnosis. However, in exceptional cases, the CNESST may process a claim for a confirmed or probable COVID-19 infection if the worker completes the Worker’s Claim form, declares that they are a carrier of COVID-19 and have received a positive test result or have been ordered to self-isolate by a nurse.

Workers can file a complaint or report a dangerous situation. Complaints are reviewed to assess the risk and to determine if corrective and control measures are in order. To file a complaint, call the CNESST at 1-844-838-0808 and ask for an on-call inspector. This recourse is voluntary and confidential.

Sections 12–13 of the Act respecting occupational health and safety (AOHS) stipulate that “a worker has a right to refuse to perform particular work if he has reasonable grounds to believe that the performance of that work would expose him to danger to his health, safety or physical well-being, or would expose another person to a similar danger. No worker may, however, exercise his right under section 12 if his refusal to perform the work puts the life, health, safety or physical well-being of another person in immediate danger or if the conditions under which the work is to be performed are ordinary conditions in his kind of work.”

Should a worker refuse to work, a CNESST inspector will promptly determine if there is any risk and will make sure that the procedure set out in the AOHS has been followed, i.e., that the worker has notified the immediate superior, the employer or its representative, and informed the union association representative or the prevention representative, as applicable.

In addition, the AOHS also provides for the reassignment of pregnant and breastfeeding workers through its For a Safe Maternity Experience Program (FSMEP) and seeks to ensure that pregnant and breastfeeding workers remain safely employed.

In view of the current situation, the CNESST is streamlining the FSMEP application procedure to facilitate access and to safeguard the health of pregnant workers and their unborn or breastfed children.

Sections 12 of the AOHS stipulates that a worker has a right to refuse to perform particular work if he has reasonable grounds to believe that the performance of that work would expose him to danger to his health, safety or physical well-being, or would expose another person to a similar danger.

The grounds invoked here cannot justify a right of refusal, because it is not related to the conditions of performance of the work, but rather to a medical condition of a third party. This is a situation unrelated to the work environment. The criteria to be met to exercise a right of refusal thus are not satisfied.

The occupational health and safety system protects the health and ensures the physical well-being of workers against work-related risks and hazards.

Workplaces are invited to consult the COVID-19 kit, which is found on the CNESST website. This kit is made available to employers and workers by the CNESST to equip workplaces regarding the preventive measures to be implemented to reduce and control the risk related to COVID-19, in compliance with the guidelines issued by the public health authorities.

These tools provide useful information such as recommendations on reopening a workplace, physical distancing, hygiene and respiratory etiquette (coughing into the crook of your elbow or a tissue, which is discarded immediately after use, and then washing your hands as soon as possible), workplace sanitation, exclusion from the workplace and self-isolation, and psychosocial risks in the workplace, as well as examples of sector-specific best practices regarding the preventive measures to be put in place by employers amid the COVID-19 crisis. These tools are available on the website.

Workers can file a complaint or report a dangerous situation to the CNESST, if applicable. Complaints will be reviewed to assess the risk and the necessity of corrective and control measures.  For this purpose, you must call the CNESST’s general number at 1-844-838-0808 Option 1.

Labour standards

Employees may not place themselves in voluntary isolation if they do not personally exhibit symptoms or conditions necessitating isolation (as provided by the INSPQ). Moreover, the Act respecting labour standards does not provide for leave for a person who wishes to be absent from work out of fear of contracting COVID-19.

However, if employees do not return to work because they exhibit symptoms or conditions necessitating isolation and are dismissed, they could file a complaint for dismissal without good and sufficient cause, if their period of uninterrupted service with the enterprise is at least two years. It would then be up to the employer to prove that this dismissal was made for good and sufficient cause.

Finally, it is important to mention that the notion of resignation is not presumed. A person’s refusal to report to work, regardless of the reason, cannot be interpreted automatically by the employer as a resignation. The employer may take the appropriate disciplinary measures, if applicable.

The INSPQ has drawn up a list of diseases that must be considered to protect workers. The workers concerned are those who:

1. Have one chronic disease listed in Box 1 and meet one severity criterion.
2. Have three or more chronic diseases listed in Box 1.
3. Are 60 to 69 years old and have two or more chronic diseases listed in Box 1.
4. Are 70 years old or older, with or without a chronic illness.
5. Have a sickle cell disease (including all genotypes: SS, SC, S-beta-thalassemia and other variants).

The list of diseases associated with a risk of complications from COVID-19 was taken from the interim recommendations published by the INSPQ.

In case of doubt, the person should consult a physician.

Occupational health and safety

Workers can file a complaint or report a dangerous situation to the CNESST, if applicable. This complaint will be reviewed to assess whether the conditions of performance of the work represent a risk for this worker and whether corrective and control measures must be implemented. For this purpose, you must call the CNESST’s general number at 1-844-838-0808 Option 1.

A worker exhibiting one of the above-mentioned conditions could also exercise a right of refusal, as set out in section 12 of the AOHS, on the following conditions:

• if he has reasonable grounds to believe that the performance of that work would expose him to danger to his health, safety or physical well-being, or would expose another person to a similar danger;
• if his refusal to perform the work does not put the life, health, safety or physical well-being of another person in immediate danger;
• if the conditions under which the work is to be performed are ordinary conditions in his kind of work.
• However, it is important to know that the assessment of the right of refusal requires an analysis of circumstances specific to each case. The following factors, in particular, will be considered when analyzing the right to refuse to work.
• The refusal must not be based on conditions unrelated to the work environment. For example, a worker’s personal condition alone cannot justify a right of refusal.
• The danger must come from the conditions of performance of the work. The following are also considered to be work-related conditions: the premises, the layout of the premises, the equipment, the work methods, etc.;
• The existence of a personal condition is not grounds for rejecting the exercise of a right of refusal;
• The conditions of performance of the work, combined with a personal condition, may justify a refusal of work.

Until a binding decision is rendered ordering the worker to return to work, a worker who exercises a right of refusal is deemed to be at work when he exercises this right.

Labour standards

Regarding labour standards, the employer is invited to show flexibility and accommodation regarding persons who cannot return to work. Several options can be considered, such as telework, leave without pay, deferred leave, etc., to maintain a relationship of employment with them. Employers are encouraged to discuss this with their personnel and make an individual agreement, adapted to each situation.

Occupational health and safety

The occupational health and safety system protects the health and ensures the physical well-being of workers against work-related risks and hazards. This situation is unrelated to the scope of the AOHS and therefore does not offer the worker a remedy.

Labour standards

The Act respecting labour standards provides for 10 days of leave per year for a person who wishes to be absent from work to keep his or her child at home or who does not have a place in childcare. An employee who is dismissed or suffers reprisals after being absent from work for this reason could file a complaint for prohibited practices and, if the employee has a period of at least two years of uninterrupted service with the enterprise, he or she could file a complaint for dismissal without good and sufficient cause. It would then be up to the employer to prove that this dismissal was made for good and sufficient cause or a cause other than the ground alleged in the complaint for prohibited practices. The interpretation of the CNESST and the courts in these cases could depend on the INSPQ's health recommendations and the government instructions.

Finally, it is important to mention that the notion of resignation is not presumed. A person’s refusal to report to work, regardless of the reason, cannot be interpreted automatically by the employer as a resignation. The employer may take the appropriate disciplinary measures, if applicable.

In the event of a shortage, other avenues may be considered.

Respiratory protective equipment (RPE) approved by the following sources may be used:

• Approved by NIOSH (other types of RPE);
• Certified by the CSA under Program 7204-01 or 7204-02;
• Approved by Health Canada when a quality monitoring mechanism involves a competent external laboratory.

Employers must take the necessary measures to protect the health and ensure the safety and physical well-being of workers as provided for in section 51 of the Act respecting occupational health and safety.

They are responsible for ensuring that alternatives to N‑95 masks comply, in particular, with approval requirements and the manufacturer's instructions.

Some RPE that provides equivalent protection may, for example, require additional training and very likely additional fit testing to ensure a proper seal. A proper seal is necessary to limit inward leakage that may expose the worker to coronavirus or other contaminants present in aerosol form (particles in the air).

Therefore, in some cases and especially for contaminants other than COVID‑19, technical solutions can be implemented to reduce worker exposure (e.g., water abatement, ventilation and containment). Following the implementation of these solutions, workers may no longer be required to wear RPE to protect themselves from airborne contaminants.

It should be noted that even the fit test is valid when the manufacturing process is identical, regardless of the RPE certification. This information can be obtained from the manufacturer.

Workers who must interact with another person within 2 metres¹ without a physical barrier must wear the following two items of protective equipment:

• Procedure mask (medical mask) AND
• Protective eyewear (safety goggles or visor).

A mask certified by the BNQ can be worn instead of a procedure mask. For more details about these masks, you can consult the BNQ website.

Thus, as provided for in section 3 of the AOHS, “The fact that collective or individual means of protection or safety equipment are put at the disposal of workers where necessary to meet their special needs must in no way reduce the effort expended to eliminate, at the source, dangers to the health, safety and physical well-being of workers.”

Workers are allowed to wear only a procedure mask (medical mask) or a mask certified by the BNQ if:

• ALL workers wear this type of mask and do not have any interactions with customers. However, protective eyewear remains mandatory for interactions within 2 metres, without a physical barrier, with customers wearing a face covering.
• Environmental conditions cause protective eyewear to fog up when a procedure mask is worn, despite trying to find solutions to remedy this². It is a last resort.

A visor alone does not provide sufficient protection (french only). However, where a rigorous risk analysis shows that wearing a procedure mask poses a risk to the worker’s health or safety, wearing a visor alone that covers the face down to the chin is an exceptional solution that can be used as a last resort.

A face covering is NOT appropriate protective equipment at work. It can be worn by workers in addition to the measures described above.

The CNESST has published an information tool that provides details on these control measures (french only).

1. Note that brief interactions within two metres, such as encountering someone in a corridor or a stairway, where cumulative interactions do not exceed 15 minutes during the same shift, represent a low risk of transmission of the virus. This must not be understood as permission to have 15 minutes of unprotected contact within two metres of other people. To reduce the risk of transmission of the virus, it is recommended, in the absence of a physical barrier, that appropriate personal protective equipment be worn when distancing of at least two metres cannot be maintained.
2. Examples of solutions to reduce fogging problems: modification of the duration of hazardous tasks, ventilation, application of a product to prevent fogging.

At this time, according to the guidelines, wearing a procedure mask (medical mask) and protective eyewear (safety goggles or visor) is essential and mandatory for workers who have to interact with another person within 2 metres and where there is no physical barrier. The employer must take the necessary measures to protect the worker's health, safety and physical well-being.

Wearing a procedure mask (medical mask) alone is allowed, as a last resort, when the ambient conditions cause protective eyewear to fog up, despite trying to find technical solutions to remedy this (e.g., duration of hazardous tasks, ventilation, application of a product to prevent fogging up) and when fogging up compromises worker safety.

Note that the public health authorities consider wearing a procedure mask alone preferable to wearing a visor alone. Since this is a last resort solution, other technical solutions must be considered first before wearing a procedure mask alone, for example:

• try several masks to find one that is more suitable;
• use medical tape to prevent moisture from getting into the protective eyewear;
• apply a product to prevent fogging.

In addition, wearing ski goggles as protective eyewear is acceptable in winter conditions when the only risk present is COVID‑19. They must be washed and cleaned frequently. In addition, employees must not share ski goggles. They may be used at the initiative of the worker or be the means chosen by the employer.

It should be noted that the employer is free to choose the means that will be used to control the risks associated with fogging up (e.g., risk of falls from the same height). If the employer chooses to use ski goggles, they should cover the costs.

Prescription goggles with side guards may be worn provided there is no direct path for the projection of droplets toward the eyes and the goggles are large enough to cover the eyes. In this case, prescription goggles with side guards are acceptable.

The employer must carry out a risk analysis in relation to the tasks to be performed by the workers concerned. For example, there is a risk of direct projection of droplets toward the eyes for a person lying down. The analysis must be done on a case-by-case basis.

No, for the time being, wearing a procedure mask is mandatory for workers who must interact with another person within two metres and where there are no physical barriers.

However, after consultation with its partners, the CNESST joined forces with the Bureau de normalisation du Québec (BNQ) to develop a certification booklet for masks used in the workplace.

In order to reduce the use of certified medical or procedure masks, which are in limited supply, and to verify the performance of masks available on the market, the CNESST called on the particle filtration expertise of the Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST) to determine the most effective materials. The CNESST then commissioned the BNQ to develop a certification program for the production of masks to ensure they provide adequate protection when used in the workplace. These certified masks may be single-use or reusable.

To this end, the BNQ developed a certification program for mask manufacturers, a certification booklet that sets out the quality and performance requirements as well as the terms and conditions of certification. It is available on the BNQ website.

Two types of masks can be used in these circumstances:

• Medical (procedure) masks:
  • The manufacturing quality of medical or procedure masks must be certified in order to guarantee a minimum level of protection against COVID-19. In North America, the American Society for Testing and Materials (ASTM) standard ASTM F2100 has established performance criteria. Note that all levels of ASTM F2100 masks can be used in situations where a physical distance of 2 metres is not maintained or where there are no physical barriers in the workplace, excluding health care settings.
  • Type IIR masks certified in accordance with the EN 14683 standard also provide adequate protection.
  • Health Canada and the U.S. Food and Drug Agency (FDA) have produced lists of procedure masks that provide equivalent protection to procedure masks tested in accordance with ASTM F2100 Level 1.
• Masks certified by the Bureau de normalisation du Québec (BNQ)
  • The manufacturing quality of these masks is governed by the 1922-900 certification booklet;
  • BNQ-certified masks must have a distinctive mark making them easily identifiable;
  • Since manufacturers are allowed a transition period, some BNQ-certified masks do not have this mark of compliance. The user can consult the list of manufacturers and certified mask batch numbers on the BNQ website

While these masks meet the CNESST’s filtration efficiency requirements, the workplace must ensure that the equipment selected is appropriate for the task, remains in place during use and that the manufacturing quality is consistent. This is important in a context where new manufacturers have started to produce procedure masks since the pandemic first started.

Masks that comply with the GB/T 32610 standard are used to protect against air pollution and are not equivalent to those tested according to the ASTM F2100 standard. However, a mask may comply with more than one standard. This means that a mask could meet one of the accepted standards in addition to the GB/T 32610 standard.

It should be noted that workplaces are being asked not to purchase YY/T 0469 and YY/T 0969 masks given that the supply of medical masks has now increased. This means that workplaces may continue to use masks certified under standards YY/T 0469, YY/T 0969 and EN 14683 Type I until their stocks run out provided there are no concerns as to the consistency of the manufacturing quality. The following visible differences are examples of variation in quality:

• Difference in nose strap design;
• Difference in mask size;
• Difference in how the straps are attached to the mask.

In certain circumstances and in the presence of other risks (air contaminant), a worker may wear respiratory protective equipment. To provide protection against the risk associated with COVID-19, respiratory protective equipment must have a particulate filter. Where applicable, a BNQ mask or a procedure mask does not have to be worn.

Procedure masks with windows that are certified by the American Society for Testing and Materials (ASTM) or the equivalent are accepted.

Wearing other masks with windows (for example, a ClearMask) in combination with protective eyewear (safety goggles or visor) also complies with the guidelines. However, since the ClearMask is different from a procedure mask and its design prevents it from being tested according to standard ASTM F2100, the Direction générale de santé publique believes that a prior assessment must be done before authorizing the use of a non-certified mask, namely:

• The nature of the task absolutely requires it (for example, working with the hearing impaired);
• None of the other solutions in the hierarchy of controls (physical distance of 2 m, physical barrier, etc.) can be used;

Consequently, workers may wear a mask with a window as a last resort (as for the visor alone in the hierarchy of controls) once the exercise described above has been done.

Note that protective eyewear must also be worn with the mask.

Since these masks are not readily available, the Direction générale de santé publique and the CNESST believe that the use of non-certified masks with windows must be limited to the following interventions involving:

• clients with a sensory impairment (hearing or visual impairment) or a language disorder: being unable to see the person’s whole face makes it difficult for them to understand (lip read) and communicate;
• clients with an intellectual disability or autism spectrum disorder: being unable to see the worker’s whole face can cause the client to become disorganized if they does not recognize the worker. This may apply when providing care or performing interventions;
• older clients with often undiagnosed presbycusis or clients with cognitive impairment: this type of mask is essential to improve daily care (e.g., toileting, feeding, health care), since it helps optimize proximity to and communication with the client.

The level of protection offered by an N‑95 self-contained breathing apparatus (SCBA) is unnecessary for protection against the COVID‑19 virus. To ensure optimum performance of this SCBA, a respiratory protection program including a fit test and training on how to wear and maintain it must be implemented. However, SCBA units may be necessary in cases where the workers already use self-contained breathing apparatus filtering particles (for example, N‑95 or P100) for protection against another contaminant present in the work environment. Note that these SCBA units will also protect the workers from the COVID‑19 virus.

At this time, health care workers are required to wear a disposable N-95 respirator or respiratory protective equipment (RPE) that provides superior protection if they work in a health care setting in a hot zone and when they perform aerosol generating medical procedures (AGMPs) in a hot zone or a warm zone.

Since February 11, 2021, the Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST) has required all health care workers who work in a health care setting in a hot zone to wear N95 respiratory protective equipment (RPE) or equipment that provides superior protection. This announcement came in the wake of new scientific knowledge and the changing context of the pandemic, particularly in view of the increased infectious potential of the new variants.

Measures for cold zones

• For all workers, appropriate personal protective equipment for the level of risk is provided and worn for tasks that require workers to be within 2 metres of another person and in the absence of physical barriers:
  • ASTM Level 1 medical (procedure) mask;
  • protective eyewear (safety goggles or visor that covers the face down to the chin).

Additional measures for warm zones

• For all workers:
  • ASTM Level 2 medical (procedure) mask;
  • protective eyewear (safety goggles or visor that covers the face down to the chin); non-sterile long-sleeved gown (single-use or washable). Provide a waterproof gown if there is a risk of contact with body fluids such as vomit;
  • non-sterile single-use gloves that fit snugly and cover the wrists.
• To avoid contaminating areas adjacent to the user's room when removing personal protective equipment, it must be removed in accordance with the recommended procedure (see the ASSTSAS document or the PHAC document [pp. 188-189]). Using the correct technique to remove equipment will also help the worker to avoid contaminating themselves.

Additional measures for hot zones

• For all workers:
  • Appropriate personal protective equipment for the level of risk is provided and worn:
    • N95 respirator or respiratory protective equipment (RPE) that provides superior protection;
      NOTE: Exceptionally, if the employer can show that supply difficulties are preventing them from providing RPE to workers in hot zones, the use of medical masks (Level 2) by these workers is a temporary measure while waiting on the required RPE.
    • protective eyewear (safety goggles or visor that covers the face down to the chin or RPE with integrated eye protection);
  • non-sterile long-sleeved gown (single-use or washable). Provide a waterproof gown if there is a risk of contact with body fluids such as vomit;
  • non-sterile single-use gloves that fit snugly and cover the wrists.
• Workers who are required to perform tasks in this zone are adequately trained to use RPE and a fit test is done before RPE is used.
  NOTE: If the employer can show that logistical difficulties are preventing them from offering fit tests to workers, the use of RPE by these workers without prior fit tests is a temporary measure while waiting on the fit tests. In this case, the employer must plan fit tests for their staff. An inspector may require that the plan be sent to them.
• To avoid contaminating areas adjacent to the user's room when removing personal protective equipment, it must be removed in accordance with the recommended procedure (see the ASSTSAS document or the PHAC document [pp. 188-189]). Using the correct technique to remove equipment will also help the worker to avoid contaminating themselves.

Additional precautions against airborne/contact transmission when entering the room in order to perform aerosol generating medical procedures (in warm and hot zones):

• In addition to the equipment already required (protective eyewear, long-sleeved gown and gloves), an N95 respirator or respiratory protective equipment (RPE) that provides superior protection is worn when performing aerosol generating medical procedures (AGMPs);
• Workers who are required to perform these procedures are adequately trained to use RPE and a fit test is done before RPE is used;
• Perform these procedures in a single-patient room and keep the door closed. Limit the number of people present during the AGMP and immediately afterwards as much as possible;
• Only procedures that are absolutely essential are performed. Indications for care are reassessed as needed or a medical assessment is carried out to see if an alternative care solution is possible;
• After an AGMP, the required wait time must be observed in accordance with the ventilation characteristics of the room (number of air changes per hour for a 99.9% removal rate) before entering the room without the personal protective equipment required for the procedure. If the number of air changes is unknown, a wait time of around six hours is recommended;
• For more information, refer to the document produced by the Institut national de santé publique du Québec (INSPQ).

Procedure masks, also known as medical masks, are approved for medical use. The INSPQ recommends this type of protection in most work situations where physical distancing cannot be maintained (with anyone). It also recommends changing the procedure mask if it is wet, visibly soiled or damaged, or if breathing is difficult. It is suggested that a procedure mask be worn for a maximum of 4 hours.

Since these masks are loose fitting, they do not have to be fit tested. Health Canada, the Food and Drug Administration (FDA) and the Bureau de normalisation du Québec (BNQ) have defined performance criteria for this equipment (e.g., health risk, filtration efficiency, fluid resistance, differential pressure and flammability).

Reference:

• Surgical Masks - Premarket Notification - Guidance Document
• Masques chirurgicaux ou de procédures : choix de l’équipement (french only)
• COVID-19 medical masks and N95 respirators: Overview
• Disposable surgical masks - Specifications for filtering face pieces (eg. Surgical, Procedural, Medical Mask)
• Port du masque de procédure en milieux de soins1 lors d’une transmission communautaire soutenue (french only)

No, a non-certified handmade face covering or non-medical mask cannot be considered equivalent to a procedure or surgical mask. For the time being, no manufacturing standard or quality criterion governs the production of face coverings. Recent studies have shown that the filtration efficiency of face coverings varies enormously (from negligible to acceptable) from one model to another and may decrease after multiple wash cycles. However, Santé publique recommends that face coverings be worn by individuals in public places including public transportation and stores. It should be considered as a measure complementary to social distancing efforts and hygiene measures.

The Government now obliges a face covering to be worn by individuals in indoor public places, including public transport and stores.

The government requirement to wear a face covering in enclosed indoor public places does not change the sanitary standards applicable in the work environments. Indeed, the obligation to wear a face covering in indoor public places only concerns the individuals who frequent those places.

For workers, the CNESST's COVID-19 Workplace Sanitary Standards Guides continue to apply. Thus, when the principles of physical distancing cannot be respected for the workers, a procedure mask and protective eyewear (protective glasses or visor covering the face down to the chin) are supplied per employee to personnel who perform a task requiring them to be within 2 metres of another person and in the absence of physical barriers.

However, the government order provides that workers must make sure to wear at least a face covering in a lobby, a reception area or an elevator in the building, because they then are considered users. However, if workers, in the course of their duties, must move in common areas where 2 metres of physical distancing cannot be maintained, , they must wear a procedure mask and protective eyewear.

Reference:

• Utilisation du masque barrière de type communautaire (couvre-visage) dans les milieux de travail (french only)
• Avis sur le port de la visière et du couvre-visage par les travailleurs (french only)
• Quantitative Method for Comparative Assessment of Particle Filtration Efficiency of Fabric Masks as Alternatives to Standard Surgical Masks for PPE
• Aerosol Filtration Efficiency of Common Fabrics Used in Respiratory Cloth Masks

Although the features of KN‑95 and NIOSH-certified N‑95 masks are very similar in terms of their performance criteria (e.g., filtration efficiency and breathability), there are differences between a KN‑95 mask and an N‑95 mask in the design of the harness (ear loops rather than head straps) and in the consistency of the mask materials. In these circumstances, the prerequisites for using these masks (successful fit test) are only very rarely met. Therefore, these masks do not meet the requirements for them to be used by workers as a replacement for an N‑95 mask in the workplace.

Furthermore, given the variability of several models in terms of their filtration capacity, measured during various tests, using KN-95 masks as a replacement for procedure masks is not recommended either.

Please note that the National Director of Public Health has authorized their use by dental professionals until March 10, 2021 to ensure they have a supply of procedure (or medical) masks.

These tools have been made available to workplaces to help them implement the preventive measures set out in public health guidelines to ensure that business can resume or continue in the safest and healthiest possible conditions.

Employers are encouraged to use them, together with their workers and health and safety committees, where applicable, to implement preventive measures appropriate to their workplaces.

It should be noted that employers are not required to use and follow these tools. However, if preventive measures to reduce and control COVID-19 risks are not put in place, a CNESST inspector may demand corrective action.

Employers must take the necessary measures to protect workers’ health, safety and physical well-being. In particular, they must provide workers with all the means and protective equipment required free of charge. The CNESST's health standards guides set out five principles that must be followed to control the risks associated with COVID‑19:

1. Exclusion of symptomatic people from the workplace
2. Physical distancing
3. Hand hygiene
4. Cough and sneeze etiquette
5. Maintenance of hygiene measures with tools, equipment and high-touch surfaces

The principle of physical distancing brings together three key measures:

1. The employer must review the organization of work to ensure that a distance of at least 2 metres is maintained between the worker and any other person (worker, customer, supplier, etc.) at all times.
2. When this is not possible and if the workplace layout allows, physical barriers (for example, a Plexiglas panel) are installed between the worker and any other person.
3. As a last resort, when the worker has to interact with another person within 2 metres, they must wear the following two pieces of protective equipment:
   • Procedure mask AND
   • Protective eyewear (safety goggles or visor).

A poster has been created that depicts these control measures (view the poster on the website).

People who have symptoms are part of the chain of transmission of COVID‑19 in the workplace. Protocols that include the following measures can prevent the disease from spreading:

• Inform workers that they must not go to work if they have symptoms of cough or fever, difficulty breathing, a sudden loss of smell or taste without nasal congestion or any other symptoms associated with COVID‑19;
• Identify workers who have symptoms of COVID‑19 before they enter the workplace, for example by: – a questionnaire, – a self-assessment by workers; The information collected is confidential. The employer must take the necessary measures to ensure the confidentiality of this information is protected;
• When a person has COVID‑19–like symptoms, as indicated on the government site, they must wear a procedure mask and be isolated in a room immediately. Since they must leave the workplace, they can call 1 877 644-4545 to find out what they have to do;
• Once the person with symptoms has left, do not allow anyone to enter the room where they were isolated until it has been cleaned and the surfaces and items the person touched have been disinfected;
• Workers who receive a positive COVID‑19 test result must inform their employer in accordance with the instructions received from the Direction générale de la santé publique;
• The employer must cooperate in epidemiological surveys initiated by the Direction générale de la santé publique;
• The results of the survey conducted by the Direction générale de la santé publique will determine whether people who have been in contact with the symptomatic person can report for work or must self-isolate.

The CNESST recognizes that employers will have difficulty registering their employees to take the course for the renewal of workplace first aid cards as required by the First Aid Minimum Standards Regulations. Therefore, the CNESST is offering a relief measure to its clients. All CNESST workplace first aid cards that expire as of December 24, 2020 will automatically be extended for 3 months without the employer or the first aider having to apply for renewal.

The CNESST reserves the right to revise this directive depending on how the situation evolves.

Anyone who has a card that is about to expire must inform their employer so that they can register them with a recognized First Aid in the Workplace training provider. The list is available on the website.

Reminder: the only card recognized to meet the requirements of the First-aid Minimum Standards Regulation is the CNESST’s blue workplace first aid card.

No. However, some First Aid in the Workplace training service providers accredited by the CNESST offer hybrid training, i.e. theory online and the practical component face-to-face, considering that it is essential in learning maneouvres, in compliance with the guidelines issued by Santé publique (the public health authorities).

Only organizations recognized as providers by the CNESST can provide first aid in the workplace training.

The list of providers (in French only)

Yes, as provided for in Order 2020-081 of the Minister of Health and Social Services dated October 22, 2020, there is an exception for organized activities that are necessary to the continuation of activities that are part of the operation of an enterprise or associated with an educational institution, a ministry or a public agency (see paragraph 8 b attached).

Therefore, the First Aid in the Workplace training may be given by CNESST service providers, even in red zones, while respecting Public Health guidelines including, for instance, maintaining a physical distance of 2 metres between participants and disinfecting the equipment.

However, with the latest measures introduced by the Government, the First Aid in the Workplace course may be offered in person for businesses that are not subject to the telework requirement, that are allowed to open and that are required to train a minimum number of first aiders to comply with the First Aid Minimum Standards Regulations. Whenever possible, it is recommended that the theory component be offered online and that the practical component be offered in person.

For companies that have closed following the introduction of the measures, the theory component must be offered online only and the 4-hour practical component will be done when they resume their activities.

Before taking action, first aiders must put on personal protective equipment (eye protection, procedure mask and gloves). They must call 9-1-1, request an automated external defibrillator (AED) and perform defibrillation only.

First aiders must proceed with cardiac massage by using only the chest compression technique, by placing a cloth, a towel or other covering on the person’s mouth and then performing strong and rapid chest compressions at the centre of the person’s chest to allow blood to circulate to the heart. After the intervention, they must wash or discard the cloth, the towel or the other item used to cover the person's face.

The first aiders then must wash their hands with soap and water for at least 20 seconds, following the usual procedure.

For more details, see Bulletin clinique COVID-19 Chaîne de survie (COVID-19 Clinical Bulletin - Chain of Survival) on the Urgences Santé website.

The first aider must follow the preventive measures outlined on pages 39 and 40 of the First Aid in the Workplace Manual for biological hazards, including but not limited to wearing a procedure mask, eye protection and gloves, hand washing (before and after) and disinfecting equipment and surfaces in order to assist a symptomatic person.

If possible, persons receiving the first aid must put on a procedure mask if they have COVID-19 symptoms. It is not required to put a mask on people who are unconscious. However, the prehospital emergency services must be alerted quickly and informed if the situation involves dangers and if the person exhibits respiratory symptoms.

The INSPQ has also produced a fact sheet on this topic: https://www.inspq.qc.ca/publications/2996-premiers-soins-travail-covid19

Wearing a face covering is mandatory for all participants who access the premises where the “First aid in the workplace” training is given. In the event a participant does not wear a face covering, this person may be refused access to the training. This absence will result in a failing grade on the training. However, the training fees nonetheless will be billed to the person's employer.

The face covering may be removed once the participant is sitting 2 metres away from the other participants. The face covering must be worn during any movement.

Sections 4 and 5 of the First-aid Minimum Standards Regulation set out the minimum required contents of a kit. In addition to this minimum content, supplies or equipment, excluding drugs, may also be included to facilitate the first aider’s task.

Employers are allowed to add personal protective equipment (gloves, eye protection, procedure mask) if they wish to do so.

Protection in the event of an employment injury

Volunteer workers are not automatically protected under the Act respecting industrial accidents and occupational diseases. For a volunteer worker to be protected in the event of an employment injury (industrial accident or occupational disease), protection must be obtained before the injury occurs. If you want to protect a volunteer worker, you must apply.

Protection application

Your business must be registered with the CNESST to purchase protection for your volunteer workers. To register your business, fill out the CNESST Registration Application form online.

If your business is already registered with the CNESST, you can apply for volunteer worker protection online by filling out the Volunteer Worker Protection Application form. Instructions are provided for each step.

Prevention

The legal obligations set out in the Act respecting occupational health and safety apply to volunteer workers. As stipulated in section 51 of the Act respecting occupational health and safety (AOHS), every employer must take the necessary measures to protect the health and ensure the safety and physical well-being of his volunteer worker. In accordance with section 49 of the AOHS, a volunteer worker must also “take the necessary measures to ensure his health, safety or physical well-being and see that he does not endanger the health, safety or physical well-being of other persons at or near his workplace.”

Occupational health and safety obligations

As stipulated in section 51 of the Act respecting occupational health and safety (AOHS), “every employer must take the necessary measures to protect the health and ensure the safety and physical well-being of his worker.” That includes employers of temporary foreign workers (TFWs). To this end, the employer must take measures to identify, control and eliminate the risks, including those related to COVID-19. The employer must also ensure that the organization of the work and the methods and techniques used to perform it are safe and do not affect the worker’s health.

In accordance with section 49 of the AOHS, “a worker must take the necessary measures to ensure his health, safety or physical well-being and see that he does not endanger the health, safety or physical well-being of other persons at or near his workplace.”

Specifically with respect to TFWs, public health recommendations must be followed. Institut national en santé publique du Québec (INSPQ) has produced the following recommendations: https://www.inspq.qc.ca/publications/2962-accueil-travailleurs-etrangers-covid19

You can also consult the Protocol for the arrival of temporary foreign workers to Québec from the bio-food industry in the context of the COVID-19 pandemic

Registration with the CNESST

Employers who hire temporary foreign workers must fill out a Déclaration d’embauche de travailleurs étrangers temporaires a and submit it to the CNESST.

Here are the guidelines to follow, as set out in the Protocol for the arrival of temporary foreign workers to Québec from the bio-food industry in the context of the COVID-19 pandemic:

Mandatory self-isolation

Upon their arrival, workers are required to observe a 14-day self-isolation period. They are not allowed to work during this period.

Accommodations

Employers are responsible for accommodating the temporary foreign workers they hire. They must be one or at most two per room and must be at least two metres apart.

The accommodations may be on the farm or in buildings in the area where the work is carried out and must have common areas (toilet, kitchen, dining room, etc.) that allow for the observance of sanitary guidelines and include the necessary cleaning and sanitizing supplies.

This rule will apply during and after the self-isolation period for as long as health guidelines and social distancing rules are to be observed by all Quebecers.

Compensation

A temporary foreign worker’s employment contract begins as soon as they arrive in Québec.

Workers are therefore deemed to be at work during the mandatory 14-day self-isolation period. Consequently, employers are required to provide a salary for this period.

The salary to be paid for the self-isolation period is 30 hours of work per week. The rate of pay must be at least equal to the rate specified in the Labour Market Impact Assessment submitted to Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI).

Payroll deductions

Employers must apply lump-sum contract deductions in accordance with the terms and conditions of the Temporary Foreign Worker Program.

Employers are not allowed to deduct additional amounts due to the self-isolation period.

This also applies to workers participating in the Seasonal Agricultural Worker Program (SAWP). The 14-day period of paid self-isolation will be in addition to the minimum of 240 hours of pay specified in the SAWP contract.

For more information: https://www.inspq.qc.ca/publications/2962-accueil-travailleurs-etrangers-covid19

Yes. You have the right to be absent from work if you are sick. While you are absent, your employment relationship is protected.

You may be absent owing to sickness for up to 26 weeks over a 12-month period.

At the end of your absence owing to sickness, your right to return to the position you held when you left and the benefits associated with it is protected by the Act.

If your regular position no longer exists when you return, you retain all the rights and privileges you would have been entitled to had you remained at work. The employer has a duty to make accommodations but does not have to reinstate you if the burden is too great for the company (e.g., if they have to create a new position that is not needed). Your absence cannot result in any benefit you would not have received had you remained at work.

For more information, visit our website : Absences due to illness or accident.

If you have three months of uninterrupted service, you can receive up to two paid sick days a year.

Beyond those two sick days, the Act respecting labour standards does not require an employer to pay an employee for absences due to illness. It is the employer’s choice to provide paid sick days.

If you are a union member, check the leave provisions in your collective agreement.

If you have to be absent from work because you have a positive COVID‑19 diagnosis, you may be eligible for certain Government of Canada benefits.

If you were suspended, dismissed or if any other form of reprisals was taken following the exercise of your right to be absent, you may file a complaint with the CNESST.

No. During the health emergency, you may be absent for up to 14 continuous days to comply with a public health order or recommendation if you are unable to telework or work remotely. During the 14 days, your employment relationship is protected.

A person may benefit from this protection several times if, in the course of a year, they receive this type of recommendation or order more than once.

Yes, you may be absent from work for 10 days a year to fulfil obligations related to the care, health or education of your child or your spouse's child. The first two days could be paid if you have not already taken them during the year.

If you have to take care of a family member who is ill, the Act provides for extended periods of absence during which the employment relationship is protected.

If you are suspended, dismissed or if any other form of reprisal is taken following the exercise of your right to be absent, you may file a complaint with the CNESST.

You can consult our website: Absences for family obligations.

The Act respecting labour standards makes no provisions for this.

However, it is the responsibility of each individual to protect their own health and that of their colleagues by answering their employer’s question.

All foreign countries are covered by the government order.

No. Your employer cannot dismiss you for that.

As long as you have taken reasonable steps to fulfil your family obligations otherwise, you have the right to refuse to work more than your usual working hours to fulfil obligations regarding the care, health or education of your child or your spouse’s child, or the medical condition of a relative or someone for whom you are acting as a caregiver.

If an employee does not work, the employer does not have to pay them.

If the person performs their work remotely, for example, by teleworking, they must be paid.

If you have to be absent from work due to health instructions related to the Covid‑19 pandemic, you may be eligible for certain Government of Canada benefits.

General principle:

• An employer must give written notice to an employee before laying them off for six months or more.
• The notice period varies depending on the length of the person's uninterrupted service.
• If sufficient notice is not given, the employee must be paid compensation (compensatory indemnity) equivalent to their regular wages, excluding overtime, for a period equal to the duration or remaining weeks of the prescribed notice period. This indemnity must be paid either:
  • >at the time of a layoff for more than six months;
  • upon expiry of a period of six months for a layoff for an indefinite period;
  • if a layoff for a period of less than six months extends beyond that period.

The written notice an employer must give to an employee before a layoff of over 6 months (or payment of the compensatory indemnity in the notice) does not apply to an employee whose layoff results from a case of force majeure.

The current health emergency in Québec could be considered a case of force majeure, particularly if businesses had to suspend their operations due to the order of March 13 and proceed with layoffs without notice.

Should the CNESST have to address a complaint concerning a notice of termination of employment that was not given or a compensatory indemnity that was not paid for reasons of force majeure, verifications will be made with the employer to confirm whether the notion of force majeure applies to their situation.

To learn more about group termination and layoffs, please see the attached information.

The rules governing collective dismissal

The rules governing layoffs

The context of the COVID‑19 pandemic could lead employers to change the work schedules to account for customer traffic and business volume, for example, and thus avoid layoffs.

However, schedule changes must be justifiable and fair. A substantial reduction in hours worked could be interpreted as reprisals or a disguised dismissal.

The current economic context could lead employers to change the job descriptions of their personnel to adapt them to business needs. If this is the case, the employer may do so, but must act transparently with its personnel and notify them of these changes.

Cooperation and transparency will contribute to maintaining a healthy workplace climate, because changes to a job description could be interpreted by the personnel as reprisals or a disguised dismissal.

It is not recommended to go to hospitals or medical clinics at the moment, especially if you are not sick.

If you insist that an employee provide a medical certificate, be aware that the associated costs may be considered operating expenses and fringe benefits.

If you ask an employee to be away from work during their shift in order to obtain a medical certificate, you must pay the employee for their time.

The Act respecting labour standards provides that an employee is deemed to be at work if travelling at the employer’s request.

Your employer cannot force you to take your annual vacation unless they give you at least four weeks’ notice. You have the right to know when your annual vacation is going to start four weeks in advance.

With respect to days off with pay for work-family balance or owing to sickness:

There is no provision that would allow an employer to force you to take this leave. It would be contrary to the objective of the Act respecting labour standards:

• Family-related leave is granted to employees who need to be off work for reasons related to the health or education of a child or to the medical condition of a relative.
• Sick leave is granted to employees who need to be off work because they are sick.

It should be noted that no matter the reason (family obligation or sickness), employees are entitled to only two paid days of leave per year.

Although the Act respecting labour standards does not contain any specific provisions governing telework, it states that an employer may not:

• require an amount of money from an employee for the purchase, use or maintenance of material, equipment, raw materials or merchandise if the payment would cause the employee to receive less than the minimum wage. A person who performs telework, who supplies his or her work tools has the right to be reimbursed if these expenses would cause the employee to receive less than the minimum wage.
• require a person to reimburse expenses related to their company’s operations, regardless of their wage.

With respect to telework, a written agreement that addresses, among other things, issues related to expenses, such as equipment and materials, provides a lever to prevent disagreements between employers and their staff.

People who did telework in 2020 because of the COVID‑19 public health crisis may be eligible for tax deductions for related expenses.

Yes, workers who become infected with COVID-19 as a result of or in the course of their work may be entitled to the usual benefits and services provided under the Act respecting industrial accidents and occupational diseases (AIAOD).

In addition, the COVID-19 claims process has been adjusted based on the risk associated with the work. Consequently:

• For front-line health care workers performing high-risk tasks, the claims process for COVID-19 contracted at work has been facilitated. The CNESST considers that front-line health care workers who provide personal care are at high risk of contracting COVID-19. Despite the prevalence of the disease among the general population, the CNESST deems that these workers are more likely to contract the disease at work than anywhere else.
• For all other workers not performing high-risk tasks in front-line health care settings as described in the previous point, proof that COVID-19 was contracted in the workplace must be established by a preponderance of evidence.

For all COVID-19 claims, the worker must consult a physician to obtain a medical certificate confirming the diagnosis. However, in exceptional cases, the CNESST may process a claim for a confirmed or probable COVID-19 infection if the worker completes the Worker's Claim form, declares that they are a carrier of COVID-19 and have received a positive test result or have been ordered to self-isolate by a nurse after a nurse has analyzed their symptoms.

The worker must notify their employer as soon as possible.

The worker must demonstrate that they came into contact with the virus through or in the course of their work. The work connection must be demonstrated in a conclusive manner.

The CNESST’s decision will take into account the specifics of each claim.

As with other types of employment injuries, a worker seeking compensation for an industrial accident must fill out the Worker’s Claim form and send it to the CNESST.

For all COVID-19 claims, the worker must consult a physician to obtain a medical certificate confirming the diagnosis. However, in exceptional cases, the CNESST may process a claim for a confirmed or probable COVID-19 infection if the worker completes the Worker's Claim form, declares that they are a carrier of COVID-19 and have received a positive test result or have been ordered to self-isolate by a nurse.

The worker must notify their employer as soon as possible.

The CNESST encourages workers to make their claims online at My CNESST Space (in French only).

Once a claim has been accepted, the worker can be reimbursed for medical assistance (e.g., drugs), travel expenses, accommodation costs, etc.

To be compensated, the worker must fill out the Application for Reimbursement of Expenses form. Claims can be made online.

If the employee becomes unable to work, they may be entitled to income replacement benefits.

As soon as the claim has been accepted, the worker may be reimbursed for all costs incurred for care, treatment or drugs in connection with the employment injury and in accordance with the legal provisions. In addition, the worker may be entitled to income replacement benefits should they have to stop working as a result of the employment injury.

Yes. Teleworkers are protected by the AIAOD. For example, a worker in a teleworking situation could be compensated in certain teleworking situations.

The CNESST applies the same conditions and rules when analyzing the eligibility of an employment injury, whether the injury occurred in telework or elsewhere.

No, only workers who contract the disease as a result of their work can be compensated.

Yes, a worker who got the COVID‑19 vaccine in the course of their work and who develops an injury after getting the vaccine may be entitled to the benefits provided for under the Act respecting industrial accidents and occupational diseases (AIAOD).

For any claim, the worker must see a physician to obtain a medical certificate that specifies the diagnosis of the injury that resulted from vaccination.

The worker must inform their employer as soon as possible.

In particular, the worker must demonstrate in a preponderant manner that the vaccine was administered because of or in the course of their work. Furthermore, the causal relationship between the injury and the vaccine must also be demonstrated in a preponderant manner.

The CNESST's decision will take the particularities inherent in each claim into account.

As with any other type of employment injury, a worker who wishes to receive benefits following a work accident must fill out the “Worker’s claim" form available online on the website and send it to the CNESST.

• The worker must inform her employer of the reasons for her immediate withdrawal from work, i.e., the presence of the COVID-19 biohazard.
• The employer will offer her a reassignment to safe work or preventive withdrawal.
• The worker must:
  • See a doctor as soon as possible¹
  • Get a Preventive Withdrawal Certificate for a Pregnant or Breast-feeding Worker
  • Give the Preventive Withdrawal Certificate to her employer
• If the worker is eligible for the For a Safe Maternity Experience Program and is on preventive withdrawal, she will be retroactively compensated.

¹ Women who work at an Integrated Health and Social Services Centre (CISSS) or an Integrated University Health and Social Services Centre (CIUSSS) can consult the institution’s health office.

No. If the business closes, the worker will not meet all FSMEP eligibility requirements because she will not actually be exposed to any risk.

Public health authorities (occupational health teams) are responsible for identifying workplace hazards for all pregnant and nursing workers. Measures are in place to ensure that pregnant and nursing workers are not exposed to workplace hazards.

When a pregnant worker withdraws from work before consulting her doctor, she may receive retroactive compensation only if COVID-19 is present in her workplace. See question 1.

The CNESST continues to pay income replacement benefits.

The employer or the worker must inform the CNESST that the company has been closed.

The CNESST will authorize the payment of income replacement benefits when informed of the situation by the employer or the worker.

No. The CNESST will continue to pay income replacement benefits.

If your employer offers you a reassignment, you can contact the occupational health team to find out if any more information should be added to the medico-environmental report you obtained when you applied for preventive withdrawal.

RSPSAT website, region tab: http://www.santeautravail.qc.ca/

Nothing changes for these workers. The CNESST will continue to pay income replacement benefits when informed of the situation by the employer or the worker.

The employer must pay for the first 5 days and the following 14 days (section 36 of the Act respecting occupational health and safety).

The employer must complete the pregnant or nursing worker’s application for reimbursement and submit it to the CNESST.

A pregnant worker is entitled to income replacement benefits until:

• The date of her reassignment
• Four weeks before the week of her due date
• The date of delivery if she is not eligible for the QPIP
• The date of delivery if the baby is born prematurely

It should be noted that if the only hazard identified in the Preventive Withdrawal and Reassignment Certificate for a Pregnant or Breast-feeding Worker is COVID-19-related, compensation will cease when public health authorities determine that the hazard is no longer present in the workplace.

• The worker does not need to get a Preventive Withdrawal Certificate for a Pregnant or Breast-feeding Worker because public health authorities will issue an additional notice confirming the presence of the hazard (COVID-19).
• The worker can be reassigned or withdrawn from work according to the new recommendations.
• The worker or the employer must inform the CNESST if the situation changes (reassignment, preventive withdrawal, delivery, etc.).
• Income replacement benefits are paid if applicable.

The worker’s physician must obtain the medico-environmental analysis (job analysis) from public health authorities (occupational health team) to find out about the risks.

The contact information of the various public health authorities can be found on the website of Réseau de santé publique en santé au travail.

This does not fall within the purview of the CNESST. Please consult the website of the Government of Québec for more information on this subject: Coronavirus disease (COVID-19) in Québec

Given the changing context and the resumption of activities, the CNESST reiterates the importance for workers to assist in the care and treatment necessitated by their condition. It encourages the search for reasonable means to ensure access to medical assistance and meet the workers’ needs.

Teleconsultation, in compliance with the directions provided by the professional orders, is a solution that will continue to be permitted in the context of COVID-19.

However, the CNESST remains sensitive to the context caused by COVID-19 and to the difficulties experienced by certain workers.

If treatments at a clinic or teletreatments have ceased for a period of more than 30 consecutive days, a recommendation from the physician in charge is requested to evaluate the necessity and nature of the treatments required. A medical document (progress report, prescription, etc.) must be sent to the CNESST.

Upon receipt of this recommendation, the healthcare practitioner may resume the treatments and, if applicable, evaluate the necessity of proceeding with a second initial evaluation, which may be billed to the CNESST.

If the worker’s situation and condition are suitable, the CNESST will permit remote treatment and consultation provided that it is done in accordance with professional order rules.

As for the attendance register, it is recommended that clinics and practitioners obtain an email from the worker confirming that they have received treatment.

Exceptionally, the CNESST will accept recommendations issued by a doctor, dentist, optometrist or pharmacist in their respective areas of expertise, as it is harder to get a medical appointment during the COVID-19 pandemic.

Furthermore, exceptionally, the CNESST can analyze worker claims related to COVID-19 when the medical certificate is completed by a nurse confirming this diagnosis and accompanied by the analysis results.

Documents can be sent by regular mail to any CNESST address.

Until further notice, the CNESST will accept audiograms dated more than 12 months previously for authorization to purchase or renew hearing aids.

Further to the lifting of the special measures by the Government and the authorization of the resumption of clinical care and treatment effective June 1, the billing accounts provided for in the Regulation respecting medical aid must be transmitted to the CNESST within the following deadlines:

• For care or treatment provided before June 1, 2020 for which the 180-day billing deadline was in force on or after March 20, 2020, the calculation of the deadline begins on June 1, 2020.
• For care and treatment delivered after June 1, 2020, the Regulation respecting medical aid applies and the 180-day deadline following the date of provision of the care or treatment applies.

In the current context, the CNESST has extended the software rollout period for physiotherapy/occupational therapy manufacturers beyond March 31, 2020. Thus, the “Physio-ergo CNESST” app will remain available up to June 30, 2020 inclusive.

Beginning July 1, 2020, the Physio-Ergo CNESST app will no longer be available in private clinics. If the clinic wishes to exchange information electronically with the CNESST, it must communicate from now on with one of the 4 manufacturers.

Given the changing COVID‑19 situation, the CNESST is cancelling or postponing some medical assessment appointments in keeping with measures to combat the spread of the virus, when

• appointments involve travel to a red zone (level 4) for workers from another alert level;
• appointments involve travel of more than 250 km (irrespective of the colour of the zone or alert level) to keep the medical assessment appointment;
• the worker may not be able to comply with curfew hours.

Workers whose appointments are cancelled or postponed will be informed accordingly.

For appointments that are maintained, it is important to note that preventive measures have been put in place so that workers can be seen, regardless of the alert level. The same applies to appointments relating to occupational lung diseases and appointments at the Bureau d'évaluation médicale (BEM).

Therefore, a worker who has not been informed that their appointment has been cancelled or postponed must go to their appointment.

Protective equipment (e.g., procedure mask)

The expert is responsible for providing the worker with the necessary protective equipment. However, the worker must have a face covering in order to be able to enter the facility where they have their appointment.

The CNESST is gradually resuming expert services effective June 1, 2020. Indeed, the new ministerial instructions allow reopening of activities of private clinics throughout the territory effective June 1, conditional on the application of preventive measures and appropriate infection control to prevent a possible transmission of COVID-19.

The workers have been or will be informed to this effect. It is important to mention that preventive measures will be in place to receive them. The same applies for member pneumologists of the Committees on Occupational Lung Diseases (CMPP).

Some designated professionals have informed the CNESST of their wish to conduct examinations by teleconsultation. This option may be possible when a physical examination is not required.

Protective equipment (e.g. procedure mask, gloves)

It is the expert's responsibility to supply the worker with the necessary protective equipment.

Given the changing COVID‑19 situation, the CNESST is asking employers to apply the same rules to their medical assessments, that is, to cancel or postpone appointments when

• appointments involve travelling to a red zone (level 4) for workers from another alert level;
• appointments involve travel of more than 250 km (irrespective of the colour of the zone or alert level) to keep the medical assessment appointment; or
• the worker may not be able to observe the curfew hours (leave before 5 a.m. and return after 8 p.m.).

If necessary, teleconsultation, in accordance with the directions provided by the professional orders, is a solution that will continue to be allowed during COVID‑19.

Given the changing situation and the introduction of COVID‑19 alert levels by region, the BEM is cancelling some medical assessment appointments in keeping with measures to contain the spread of the virus.

It is important to note that preventive measures will be put in place so that workers who have an appointment can be seen. Therefore, a worker who has not been informed that their appointment has been cancelled or postponed must keep their appointment.

Certain preventive measures must be respected. They will be communicated to the workers before their appointment.

Up to August 31, 2020 inclusive, the physician in charge will have an extended 69-day deadline to complete the supplementary report.

Effective September 1, 2020, the normal 30-day deadline is reestablished.

Given the changing context and the resumption of activities, the CNESST reiterates the importance for workers to show up for their temporary work assignment. It encourages the search for reasonable means to ensure the worker’s presence at his or her temporary assignment.

Remember that an employer who temporarily assigns work to a worker who is a victim of an employment injury has the duty to take the necessary measures to protect the health and ensure the safety of this worker, as defined in the Prevention pane of the question “Does an employer have to take special measures to protect the health of workers?”

Given the changing context and the resumption of activities, the CNESST reiterates the importance for workers to show up for their temporary work assignment. It encourages the search for reasonable means to ensure the worker’s presence at his or her temporary assignment.

Remember that an employer who temporarily assigns work to a worker who is a victim of an employment injury has the duty to take the necessary measures to protect the health and ensure the safety of this worker, as defined in the Prevention pan of the question “Does an employer have to take special measures to protect the health of workers?”

If you have a business establishment in Québec and have at least one full-time or part-time worker, you must register with the CNESST for occupational health and safety purposes. Normally, you have 60 days to register from the day your first worker starts working. If you do not register by this deadline, you may be subject to a late fee (in French only).

To register your business with the CNESST, you must fill out the CNESST Registration Application (in French only) form.

As always, you must declare and remit, if applicable, your periodic payments using the remittance slips sent by Revenu Québec at the established frequency.

Your business’ classification would not change in this situation. Moreover, you must inform us if you change the nature of your activities so we can review your classification.

Employers who are experiencing financial difficulties related to COVID‑19 and who are unable to pay the amount due for occupational health and safety in a single payment are invited to communicate with the CNESST to reach a payment agreement. The CNESST will assess the possibility of setting payment terms adapted to their situation.

Yes, penalties and interest incurred prior to the COVID-19 outbreak remain payable.

Yes. Simply send your application through the normal procedure. Due to current circumstances, you may be asked certain questions so we can determine your employment status and eligibility for protection, e.g., if you are self-employed and wish to obtain protection.

If you benefit from the Canada Emergency Wage Subsidy (CEWS), you do not have to pay insurance premiums to the CNESST, whether on the amount of the subsidy or the additional amount you might pay during this period, for the weeks when your workers do not perform any work. Consequently, no periodic payment must be made on these amounts and the necessary adjustments will be possible upon filing of the Statement of Wages 2020. However, for the weeks when your workers perform work, even part time, you must report the entire subsidy and the additional amount you might pay your workers in the calculation of the periodic payments.

In the context of the government request to ensure people's financial security, the CNESST has continued to pay income replacement indemnities (IRR) in certain situations, despite the fact that these indemnities should have ended effective March 12. Among these situations, we find:

• A worker who was considered capable of performing his work or a suitable job who found himself without income due to the closing of Québec businesses;
• A worker whose job search period ends;
• A stoppage of temporary assignment due to COVID-19;
• A worker whose income replacement indemnities were suspended.

To mitigate the financial consequences for the system resulting from this extension, the CNESST is monitoring the progress of the situation. The CNESST is ending the compensation on the date when businesses reopen as announced by the Government.

The costs of these exceptional measures, introduced to support the workers, will not be imputed to the employers’ records. The CNESST will proceed on its own initiative with the review and adjustment of the costs in the employers’ records.

In the event that certain special situations are not classified as imputation adjustments with which the CNESST will proceed automatically, an employer who considers he is unduly supporting a situation related to COVID-19 may submit his application to the CNESST, under section 326, paragraph 2, of the Act respecting industrial accidents and occupational diseases (AIAOD).

In the COVID-19 period, the CNESST has changed its directions. Thus, all of the consequences linked to COVID-19 that have an impact on the records (for example: postponement of surgery, inability to visit a workplace for the purposes of adapting a workstation, cancellation of a medical evaluation (s. 204 and 209 AIAOD, Bureau d’évaluation médical), etc.) are likened to situations supported unduly by employers.

The CNESST will analyze each application in relation to COVID-19 and, if applicable, will proceed to transfer costs, regardless of the significant proportion of the costs.

For more information on this subject, you may refer to the “Orientations en imputation” (Directions in imputation) document on the CNESST website.

More specifically concerning the employment injuries that would be accepted under a COVID-19 diagnosis, the imputation decisions will be made once the picture of these injuries is better known, particularly in terms of economic sectors or employers concerned.

When directions are adopted, the CNESST will publish the necessary information.

Due to the state of health emergency in effect all across Québec, submitting representation mandates by mail or fax may be complicated for workers. In these circumstances, the CNESST is encouraging duly completed representation mandates to be submitted through My CNESST Space.

The worker can, exceptionally, inform the CNESST verbally of their intention to be represented.

To inform the CNESST of your intention to be represented, please call us at 1-844-838-0808.

Yes. It is still possible for workers and employers to contest a decision.

The CNESST encourages workers and employers to log in to its secure website, My CNESST Space (in French only). That way all communications with the CNESST can be done securely.

The CNESST website has several sources of information as well as health and safety awareness tools. It also features documentation on biological hazards (in French only), the right to refuse to work and sick leave standards.

A web page addressing key workplace-related questions has been made available on the CNESST website.

For information on the COVID-19 situation in Québec, please visit quebec.ca/en/coronavirus.

Yes, customer service remains available. Our staff is committed to providing you with the best possible service under the circumstances.

It should be noted, however, that the receptions of our regional branches are closed and that applications may take a little longer to process given the current situation.

Despite the pandemic context linked to COVID-19, the deadlines stipulated in the Pay Equity Act are legal deadlines that must be respected.

The employer therefore must perform his pay equity work within the deadline applicable to it. It must also make the postings resulting from this work accessible to the employees concerned, on the stipulated date. As needed, the employer could, for example, send the postings by mail or by email to the persons who cannot be physically present at the business. All the employees concerned by pay equity work must have easy access to these postings.

The CNESST offers different online tools and training, which can assist the employer in the performance of his pay equity work.