Questions and answers – COVID-19

A period of isolation is mandatory for workers who have symptoms of COVID-19 or following exposure to or infection with COVID-19. The CNESST is not responsible for determining who must isolate or the duration of this isolation.

To assess the need for and duration of isolation, we invite you to visit the Government of Quebec’s web page When to self-isolate (COVID-19). 

An assessment tool to find out the isolation instructions is also available: COVID-19 self-assessment tool.

For workers who work in health care settings, the applicable measures are described in the Directive sur la levée de l'isolement des travailleurs de la santé des établissements du réseau de la santé et des services sociaux - Directives COVID-19 du ministère de la Santé et des Services sociaux (gouv.qc.ca)(in French only).

In the event that a worker who has been infected with COVID-19 must return to work early and additional preventive measures cannot be put in place, the employer must contact the CNESST's inspection and prevention service in the region concerned to find out what measures to implement at 1 844 838-0808 option 1.

To find out the preventive measures that apply after isolation has been lifted, that is, from day 6 to day 10, go to the web page Période d'isolement (in French onley)

Vaccination status is personal and confidential information. A worker is not obliged to disclose this information. 

A worker may voluntarily show their vaccination status to their employer. The employer must keep this information confidential.

For an absence due to illness, the Act respecting labour standards (ALS) provides that if warranted by the circumstances, in particular the length of the absence or its repetitive nature, an employer may request a document (e.g., medical certificate) attesting to these reasons.

Given the current pandemic situation, in order to prevent the spread of the virus, workers are advised to use their judgement before going to hospitals and medical clinics (public or private).

In the event that an employer asks a worker to leave during their shift to obtain a medical certificate or to comply with any other requirement, their travel time should be remunerated. Under the ALS, a worker is deemed to be at work if their travel is required by their employer.

If the worker remains available to the employer and performs their work, for example by teleworking, while waiting for the document attesting to their medical condition to be issued, they must be paid during this time.

The gradual adjustment of preventive measures in the workplace had begun for non–health care settings in line with the other measures announced by the Government of Quebec and recommended by Public Health in early March. With the advance notice received from the Direction générale de la santé publique, the adjustments continue. Wearing a quality mask, maintaining a minimum distance of one metre between people in the workplace and physical barriers will no longer be mandatory as of May 14, 2022, but they are still recommended. These adjustments do not apply to the transportation of workers (air, bus, car) or to health care settings.

Health care settings refer to:

• Hospitals,
• Medical clinics,
• Family medicine groups (FMGs),
• Residential and long-term care centres (CHSLDs).

As a precaution, wearing a mask is still recommended, especially when interacting with people at risk or for tasks where people are required to gather in a confined space. Also, designated spaces should be provided for people at risk, such as people who have a chronic disease or are immunosuppressed. It should be noted that an employer may require their staff to comply with additional preventive measures, including wearing a quality mask in the workplace, under their right to manage.

Another stage is planned, at the earliest in May and depending on how the epidemiological situation evolves, with masks no longer required on public transport.

Telework has no longer been mandatory since February 28, 2022.

The gradual return to the workplace is the employer’s responsibility. It is part of their right to manage. Employers are advised to plan and organize a gradual return to work for their employees. Good planning contributes to the effectiveness of and compliance with the preventive measures planned.

The employer must implement the preventive measures required to reduce and control the risk of spreading COVID-19. They must also ensure that workers comply with them. If several employers share the same building, they are advised to coordinate their efforts.

Information and awareness-raising tools are available on the CNESST's web page on telework.

The employer must comply with the measures put in place by the federal government for entry to the country.

Workers who have travelled to another province

At this time, there are no preventive isolation measures in place for people arriving from other Canadian provinces.

For more information, you can consult the Instructions for travel within Canada or internationally (COVID-19) | Gouvernement du Québec (quebec.ca).

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.

The CNESST plays a leading role in prevention in the current context and works in collaboration with the Direction générale de la santé publique. From the outset, inspectors were deployed throughout Québec to support workplaces in their management of occupational health and safety.

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 May 15, 2022, inspectors conducted more than 33,472 interventions concerning COVID-19, in particular following 8,121 complaints and 54 rights of refusal under the AOHS. Since January 1, 2022, there have been 3,021 interventions.

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 and includes several guides on COVID-19 health standards and quick reference tools. 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.

COVID‑19 toolkit

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.

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 and psychological 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:

• Encourage telework in hybrid mode, where possible
• Develop a procedure for excluding workers who have symptoms of COVID-19 from the workplace
• Encourage physical distancing of at least one metre
• Encourage the use of effective physical barriers at certain work stations (e.g., during brief contacts with several people)
• Make quality masks available and ask workers to wear them when interacting with people at risk or for tasks where people are required to gather in a confined space
• Provide designated spaces for people at risk, such as people who have a chronic disease or are immunosuppressed
• Promote handwashing and cough and sneeze etiquette (cough and sneeze into a tissue or into your elbow)
• Prepare a plan for increased preventive measures in anticipation of periods of high transmission

Workers should be informed of the risks and preventive measures should be taken 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 COVID‑19-like symptoms, stay at home and call 1 877 644-4545 (toll free) or 811 if necessary.
• Avoid direct contact for greetings (e.g., handshakes). Use other methods instead.
• Respect physical distancing.

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

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 4 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

Employers must disinfect workplaces when someone has had COVID-19-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, read the INSPQ’s COVID-19 surface cleaning and disinfection recommendations.

Household products must be used according to the manufacturer’s instructions to ensure their effectiveness. Health Canada recommends a list of effective disinfectants against the virus causing COVID-19.

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 and psychological 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 and psychological 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 government  recommendations.

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 and psychological 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 will be updated regularly as the situation develops.

Workers must be informed that 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, they must not go to work.

Different ways can be used to identify workers who have symptoms of COVID-19 before they enter the workplace, for example:

• a questionnaire such as the INSPQ questionnaire;
• a self-assessment by workers;
• a poster informing workers of the exclusion measures;
• emails to remind workers of what they must do to self-isolate if they have symptoms.

Taking workers’ temperature is not recommended because the result is unreliable, especially for workers who work outdoors.

The information collected is confidential. The employer must take the necessary measures to ensure the confidentiality of this information is protected;

General measures

Mechanical or natural ventilation (as appropriate) must be optimized. Furthermore, the ventilation in the vehicle must allow air to be drawn from outside.

Surfaces touched by workers must be cleaned after every shift.

By passenger vehicle or truck

When 2 or more people use a vehicle, workers must wear a quality mask at all times. For the driver, exemptions are listed below. (See Conditions for exemption from wearing a quality mask for a person driving a vehicle in the presence of passengers below).

Workers in the vehicle are not required to wear a quality mask if they maintain a distance of one metre from other people or if physical barriers are installed.

By bus

When workers are transported by bus, they must wear a quality mask at all times. For the driver, exemptions are listed below. (See Conditions for exemption from wearing a quality mask for a person driving a vehicle in the presence of passengers below).

Eating is allowed in means of transport, although this practice is not recommended.

By airplane

When workers are transported by air, a quality mask must be worn at all times. Drinking must be limited as much as possible. Eating will be allowed in the means of transport, although this practice is not recommended.

By elevator

When workers take elevators, wearing a quality mask is not mandatory but is recommended.

Conditions for exemption from wearing a quality mask for a person driving a vehicle in the presence of passengers.

Drivers can remove their quality mask when they are alone in their vehicle. They must put it back as soon as a passenger or coworker enters when distancing of one metre is not respected or if there is no physical barrier.

If prescription glasses fog up while driving, rigorous preventive measures must be put in place to ensure minimum protection of the driver.

• Maintain a distance of 1 metre or install physical barriers
• Limit times when quality masks are not worn to the strict minimum

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 requiredin 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, use an alcohol-based hand rub that contains at least 60% alcohol 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.

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

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

The use of gloves by workers is not recommended as protection against COVID-19. Rather, universal hygiene measures are recommended, such as not touching your face with your hands and washing your hands regularly.

When carrying out emergency work (plumbing, electricity, etc.) in a place where there is a suspected or confirmed case of COVID-19, as an exceptional measure, considering the risk, a physical distance of at least 2 metres must be maintained with the person and a quality mask must be worn. If the worker has to interact with the person within 2 metres, respiratory protective equipment (RPE) that is at least equivalent to an N95 mask is required. Note that the RPE may have to be worn because of other considerations (e.g. exposure to crystalline silica). If a more stringent protection protocol is in place (e.g., in a hospital), it must be followed.

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

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 and psychological 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.

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

In closing, it is important to note that the employer must take all the necessary measures to protect the health and ensure the safety and physical well-being of the worker (s. 51, AOHS). They may choose the means they will use to comply with this obligation.

According to the INSPQ, people age 70 or over are at higher risk of COVID-19–related complications.

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 COVID 19 virus due to age or a chronic disease. According to the INSPQ, a worker who is 70 years old or over, with or without a chronic illness, belongs to the category of workers at high risk for complications of COVID-19.

• Workers may perform tasks within 2 metres of other people if they are protected by a quality mask.
  However, physical distancing and the use of an appropriate physical barrier should remain the preferred options and tasks within 2 metres with a quality mask alone should be limited as much as possible.

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 and psychological well-being of the worker (s. 51, 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 AOHS.

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 that confirms the diagnosis. In the absence of a medical certificate, the CNESST can process a claim for a confirmed COVID-19 infection when the worker submits the "Worker's claim" form along with a positive test result.

For claims related to events that occurred after January 5, 2022, for workers who are unable to take a PCR test, the CNESST will analyze the admissibility of a COVID-19 claim based on its good faith and the confirmation of an outbreak or a contact in the workplace by their employer. On the worker’s claim form, the worker must indicate, in good faith, their symptoms. If possible, the worker may attach to their claim any document they have attesting to a test result. The worker's claim will then be processed according to the usual parameters. In addition, the CNESST also accepts written confirmation from the employer that they have received a positive COVID-19 test result.

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

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 the worker does not go back to work because he contracted COVID-19 or if they have to self-isolate to comply with the health guidelines in force, certain protections apply. If sanctions are applied for this reason or if they are dismissed, a complaint can be filed.

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 defined groups of workers who are more at risk of developing complications related to COVID-19.

The personal conditions associated with a risk of complications from COVID-19 are listed in the interim recommendations published by the INSPQ:

• For workers with a chronic disease
• For immunosuppressed workers

If in doubt, the person should consult their doctor.

Occupational health and safety

A worker may file a complaint or report a dangerous situation to the CNESST, where applicable. The complaint will be examined in order to assess whether the working conditions represent a risk for the worker and whether corrective and control measures must be put in place. To do so, you must call the CNESST's general number at 1 844 838-0808 Option 1.

A worker with one of the conditions described in the INSPQ's recommendations could also exercise a right of refusal, as provided for in section 12 of the AOHS and under the following conditions:

• they have reasonable grounds to believe that performing the work would expose them or another person to a danger to their health, safety or physical well-being
• the refusal to perform the work does not endanger the life, health, safety or physical well-being of another person
• the conditions the work is performed in deviate from the normal conditions for the type of work they perform

It is important to know, however, that the assessment of the right of refusal requires an analysis of the circumstances of each case and the following elements will be taken into account in particular when assessing the right of refusal:

• The refusal must not be based on conditions outside the workplace. For example, a worker's personal condition alone cannot justify a right of refusal
• The danger must come from working conditions. In particular, the following are 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 does not mean that a worker may not exercise a right of refusal
• The manner in which work is performed, combined with a personal condition, may justify a refusal to work

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

Labour standards

With respect to labour standards, the employer is encouraged to show flexibility and accommodation with respect to people who are unable to return to work. Several options can be considered, such as telework, leave without pay, deferred leave, etc., in order to maintain an employment relationship with them. The employer is encouraged to discuss this with their staff and to reach an individual agreement, adapted to each situation.

Pursuant to section 45 of the Regulation respecting occupational health and safety (ROHS), the CNESST requests that the RPE used in the workplace be listed in the Guide des appareils de protection respiratoire utilisés au Québec published by the Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST). This guide corresponds to the list of equipment certified by the National Institute for Occupational Safety and Health (NIOSH). In this context, the CNESST accepts that all the RPE is certified by NIOSH. Administrative guidelines may, however, allow for exceptions.

In the context of the pandemic, the CNESST accepts the use, in accordance with their approval framework and the manufacturers' directives, of RPE from other approval frameworks. The RPE authorized in the workplace is as follows:

• Approved by NIOSH (other types of RPE)
• Certified by the CSA under Program 7204 01, 7204 02 and 7204-03
• Approved by Health Canada when a quality monitoring mechanism involves a competent external laboratory (e.g., IRSST)

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.

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

In some cases, technical solutions to reduce worker exposure (e.g., water abatement, ventilation and containment) or administrative measures (e.g., distance) can be implemented. These solutions must be prioritized before the use of personal protective equipment. Following the implementation of these solutions, workers may no longer be required to wear RPE to protect themselves from contaminants present in the air.

As of May 14, 2022, quality masks are no longer mandatory, except in transport and in health care settings (hospitals, medical clinics, family medicine group and residential and long-term care centre). However, wearing a quality mask is still recommended, especially when interacting with people at risk as well as for tasks where people are required to gather in a confined space. Under their right to manage, an employer may require their workers to wear a quality mask in the workplace.

To protect workers against COVID-19, the following quality masks may be used:

1. Medical masks that comply with standard ASTM F2100 or EN 14683 Type IIR; 
2. Masks certified by the Bureau de normalisation du Québec (BNQ) in accordance with the 1922-900 certification booklet (BNQ website);
3. Any respiratory protective equipment (RPE) with a particulate filter as defined in the standard Selection, use and care of respirators (CSA Z94.4-18), such as an N95 or P100 respirator.

Protective eyewear is optional. However, it may be required to comply with current regulations or in some workplaces, such as those where people with COVID-19 are treated.

Also, 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.”

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

Public transit, intercity bus and school bus drivers can take their quality mask off when they are alone in their vehicle. They must put it back on as soon as a passenger or coworker enters. Since February 28, 2022 and despite the adjustments of May 14, 2022, drivers can only take their quality mask off if distancing of one metre is respected or if there is a physical barrier.

If prescription glasses fog up while driving, strict preventive measures must be put in place to ensure a minimum protection of the driver:

• Maintain a distance of 1 metre or install physical barriers
• Limit times when quality masks are not worn to the strict minimum
• Optimize natural or mechanical ventilation, as appropriate

No, to protect workers against COVID-19, only masks that meet the following quality criteria must be used:

• Medical masks that comply with standard ASTM F2100 or EN 14683 Type IIR
• Masks certified by the Bureau de normalisation du Québec (BNQ) in accordance with the 1922-900 certification booklet, which sets out the quality and performance requirements as well as the terms and conditions of certification (BNQ website)
• Any respiratory protective equipment (RPE) with a particulate filter as defined in the standard Selection, use and care of respirators (CSA Z94.4-18), such as an N95 or P100 respirator

As of May 14, 2022, quality masks are no longer mandatory, except in transport and in health care settings. However, wearing a quality mask is still recommended, especially when interacting with people at risk as well as for tasks where people are required to gather in a confined space. Under their right to manage, an employer may require their workers to wear a quality mask in the workplace.

The following quality masks may 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 may be used.
  • Type IIR masks certified in accordance with the EN 14683 standard also provide adequate protection.

Note on medical masks:

Santé Canada and the Food and Drug Administration (FDA) created a list of medical masks tested in accordance with standard ASTM F2100 Level 1. 

To find out if a medical mask that is not on these lists meets the requirements of one of the above standards, the employer must obtain documentary evidence from the manufacturer or their supplier (e.g., label, technical sheet or analysis report).

The INSPQ recommends changing the medical mask if it is wet, visibly soiled, damaged or if breathing is difficult. The maximum length of time a medical mask should be worn is 4 hours.

• 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 may 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
  • Any respiratory protective equipment (RPE) with a particulate filter as defined in the standard Selection, use and care of respirators (CSA Z94.4-18), such as an N95 or P100 respirator

Note on RPE:

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

Masks with a window allow people to see workers' lips. This type of mask makes it easier for people who are hard of hearing to understand. It also promotes speech development in children during their development. For these masks to be acceptable, they must meet the same quality criteria applicable to quality masks without windows. The criteria are as follows:

• ASTM F2100 (all levels are acceptable for general workplaces)
• Standard EN 14683, Type IIR
• Certification by the Bureau de normalisation du Québec (1922-900)

At this time, health care workers are required to wear a disposable N95 mask or respiratory protective equipment (RPE) that provides superior protection if they work in a health care setting with users at moderate or high risk of COVID-19 or with suspected or confirmed COVID-19.

To ensure optimum performance of this APR, a respiratory protection program including a fit testing and training on how to wear and maintain it must be implemented. However, APR may be necessary in cases where the workers already use respirators filtering particles (for example, N‑95 or P100) for protection against another contaminant present in the work environment. Note that these respirators units will also protect the workers from the COVID‑19 virus.

The Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST) requires all health care workers who work in a health care setting in warm and hot zones to wear an N95 respirator or respiratory protective equipment (RPE) that provides superior protection. In some cases, RPE will also be required in cold zones.

Furthermore, given the threat of COVID‑19 variants, which are potentially more virulent and pose a greater risk of transmission, it is necessary to further reduce this risk and require workers to wear a quality mask indoors in the workplace at all times as an additional protective measure when workers are not wearing RPE.

Measures for users at low risk of COVID-19

• For all workers, appropriate personal protective equipment for the level of risk is provided and worn:
  • An ASTM F2100 Level 2 or EN 14683 Type IIR medical (procedure) mask must be worn.
  • Protective eyewear is optional. However, it may be necessary for other considerations, such as when there is a risk of being splashed by biological fluids.

Additional measures for users at moderate or high risk of COVID-19 or with suspected or confirmed COVID-19

• For all workers (health care, maintenance, security, etc.) working in the same room as a user at moderate or high risk of COVID-19 or with suspected or confirmed COVID-19:
  • 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 working in the same room as a user at moderate or high risk of COVID-19 or with suspected or confirmed COVID-19, the use of medical masks (ASTM F2100 Level 2) by these workers is a temporary measure while waiting on the required RPE. Available RPE should be offered as a priority to workers in contact with users with confirmed COVID-19
    • 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 with this equipment 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 contamination of the work environment when removing personal protective equipment, it should be removed according to the recommended procedure of the ASSTSAS (in French only) or of ASPC (p. 153-154)]. Adopting good technique when removing equipment also allows the worker to avoid contamination.

Additional precautions if entering a room where aerosol generating medical procedures are performed - user at moderate or high risk of COVID-19 or with suspected or confirmed COVID-19):

• The equipment already required (protective eyewear, long-sleeved gown and gloves), an N95 respirator or an RPE that provides superior protection worn if entering a room where aerosol generating medical procedures (AGMPs) are performed;
• Workers who are required to perform these procedures are adequately trained to use RPE and a fit test is done before RPE is used;
• Consider adding further measures to temporarily improve ventilation, including opening a window, turning on the bathroom exhaust fan and adding a high efficiency air filter;
• Procedures are limited to those that are absolutely necessary. Indications for care are reassessed as needed or a medical assessment is carried out to see if an alternative care solution is possible
• 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;
• To perform an AGMP in a room with an N95 respirator, the room must have ventilation that provides at least 6 air changes per hour. If this level cannot be achieved, respiratory protective equipment that affords superior protection must be provided. Where applicable, refer to the standard Selection, use, and care of respirators (CSA Z94.4-18) (Figure 2) to select the appropriate RPE for the type of ventilation
• 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 an elimination rate of 99.9%) before entering the room without the required personal protective equipment. 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 (in French only) (INSPQ).
• A decision (in French only) support tool is available to help workers identify the risk level of each user.

No, a non-certified homemade face covering or non-medical mask is not equivalent to a medical or procedure mask. Recent studies have shown that the filtration efficiency of face coverings varies greatly (from negligible to acceptable) from one model to another and can decrease following multiple washing cycles. 

Although the features of KN‑95 and NIOSH-certified N95 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 N95 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. Nor can they be used by workers as a replacement for medical masks in the workplace. Indeed, these masks are not quality masks given the variability of several models in terms of their filtration capacity.

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

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 such as the INSPQ questionnaire;
  • a self-assessment by workers;
  • a poster informing workers of the exclusion measures;
  • emails to remind workers what they should do to self-isolate if they have symptoms;
• The information collected is confidential. The employer must take the necessary measures to ensure the confidentiality of this information is protected;
• A worker who has COVID-19–like symptoms, as indicated on the government site, must wear a quality mask and self-isolate. To find out what to do, you can consult the Instructions for a person who has symptoms of COVID-19 page;
• 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;
• To assess the need for and duration of isolation, we invite you to visit the Government of Quebec’s web page When to self-isolate (COVID-19)
• An assessment tool to find out the isolation instructions is also available: COVID-19 self-assessment tool
• For workers who work in health care settings, the applicable measures are described in the Directive sur la levée de l'isolement des travailleurs de la santé des établissements du réseau de la santé et des services sociaux - Directives COVID-19 du ministère de la Santé et des Services sociaux
• In the event that a worker who has been infected with COVID-19 must return to work early and additional preventive measures cannot be put in place, the employer must contact the CNESST's inspection and prevention service in the region concerned to find out what measures to implement at 1 844 838-0808 option 1.
• To find out the preventive measures that apply after isolation has been lifted, that is, from day 6 to day 10, go to the web page Période d'isolement (in French only)

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 has introduced a flexibility measure for its clients. All CNESST workplace first aid cards that expire will automatically be extended for 3 months without the employer or first aider having to apply for renewal. This measure will end on September 30, 2022.

For example, a first aider who has a card that expires after October 1, 2022 will have to take the First Aid in the Workplace training again for their card to remain valid.

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

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 (8 hours) and the practical component face-to-face (8 hours), 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)

Before taking action, first aiders must put on personal protective equipment (protective eyewear, quality 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 36 and 37 of the First Aid in the Workplace Manual (in French only) for biological hazards, including but not limited to wearing a quality mask, eye protection and gloves, hand washing (before and after) and disinfecting equipment and surfaces in order to assist a symptomatic person.

If possible, the first aider should maintain a distance of at least 2 metres from the person with the symptoms given the higher risk of contamination. The person receiving first aid must put a quality mask on. A mask does not have to be put on a person who is unconscious. However, prehospital emergency medical services must be alerted quickly and informed if the situation is unsafe and if the person has respiratory symptoms. They will tell the first aider what measures to take based on the intervention required while awaiting their arrival.

The INSPQ has also produced an information sheet on first aid in the workplace (in French only).

As of May 14, 2022, quality masks are no longer mandatory, except in transport and in health care settings. However, wearing a mask is still recommended, especially when interacting with people at risk and for tasks where people are required to gather in a confined space. Under their right to manage, an employer may require their workers to wear a quality mask in the workplace.

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, quality mask) if they wish to do so.

NO, if there are no workers on site AND if none of the workers has to come to the establishment at any time (e.g., to submit documents, pick up equipment, pick up a car, etc.), a first aider does not have to be present.

YES, as soon as there is a worker at the establishment, there must be a first aider in the workplace. A worker, without being an employee of the employer, may be considered a first aider if they have valid First Aid in the Workplace certification. For example, a security guard may be considered a first aider if they have a first aid in the workplace card. In addition, the employer has an obligation to provide immediate first aid to their workers, whether alone or in large numbers in the workplace. Therefore, they must set up a means of communication to call for first aid if necessary.

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 provided for in the Act respecting occupational health and safety apply to a volunteer worker. Thus, the employer must take all necessary measures to protect the health and ensure the safety and physical and psychological well-being of volunteer workers, as provided for in section 51 of the Act respecting occupational health and safety (AOHS). It is also the volunteer worker's 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 in the vicinity of the workplace, in accordance with section 49 of the AOHS.

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 and psychological well-being and see that he does not endanger the health, safety or physical and psychological well-being of other persons at or near his workplace.”

In a pandemic situation, however, agricultural TFWs are particular in that they arrive as travellers, they may be required to observe a mandatory 14-day quarantine period under the federal Quarantine Act and employers are responsible for housing them.

Employers of temporary foreign workers must also comply with the applicable federal regulations. This means that throughout their stay, the employer must take measures to ensure that the TFW complies with the requirements of the Emergency Measures Act and the Quarantine Act.

A checklist was produced to guide employers when temporary foreign workers arrive in Québec and during their stay.

In terms of accommodation, the preventive measures required for COVID-19 continue to apply and preventive checks will be carried out by the CNESST and the Réseau de santé publique en santé au travail based on these criteria. However, the employer will be expected to, if possible, demonstrate the efforts they have made to try to follow the new recommendations and agree to be part of a process of continuous and optimal improvement of their facilities.

During mandatory quarantine

Comply with federal quarantine measures.

For the entire duration of the worker's stay (including the first 14 days)

Employers have an obligation to:

• Provide a place where a TFW who has symptoms related to COVID-19 or who is declared positive can isolate in a single room with a private bathroom (strict individual isolation).
• Rapidly isolate a worker who has symptoms and contact their regional public health directorate.
• Encourage workers to report symptoms based on the following documentation in English, French and Spanish.

Public health recommendations

The public health recommendations regarding accommodations can be found in the following documents:

• COVID-19: Temporary foreign workers in Preventive Isolation (Quarantine)
• INSPQ publication 3072 - Temporary Foreign workers. Practical Information for Employers

Labour standards obligation

Employers must fill out a Déclaration d’embauche des travailleurs étrangers temporaires (in French only) and submit it to the Commission des normes, de l’équité et de la santé et sécurité du travail.

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.

You can consult our website: Absences due to sickness or an accident.

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

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

Yes, the Act respecting labour standards provides for protection of the employment relationship for 10 days of mobile leave per year that may be used to fulfil obligations related to the care, health or education of your child or your spouse's child.

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 were suspended, dismissed or if any other form of reprisal was taken following the exercise of your right to be absent.

The CNESST's and the courts' interpretation in these cases could depend on the INSPQ’s health recommendations and government directives.

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.

You can consult our website: Absences for family obligations.

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 you have been with your employer for at least 3 months, you are entitled to a total of 2 days of paid leave per calendar year (January 1 to December 31) for any of the following reasons:

• to fulfil family obligations relating to the care, health or education of your child or your spouse's child
• to fulfil family obligations as an informal caregiver for a relative or another person owing to their state of health
• owing to sickness or an accident
• for organ or tissue donation
• following domestic or sexual violence or a criminal offence

These days may be divided into hours if authorized by the employer.

They may not be deferred from one year to the next or replaced with an indemnity.

Beyond the first two days taken annually, the Act respecting labour standards does not oblige an employer to pay an employee when they are absent. It is the employer's choice to grant a higher number of days of paid leave.

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 6 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 6 months;
  • upon expiry of a period of 6 months for a layoff for an indefinite period;
  • if a layoff for a period of less than 6 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 health emergency could be considered a case of force majeure, particularly if businesses had to suspend their operations 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.

No. An employer cannot force you to take your annual vacation unless they give you at least four weeks' notice. You have the right to know the date of your annual vacation four weeks in advance.

Under the Act respecting labour standards, you have the right to be absent if you are ill or need to care for a relative. For more information, see Absences due to illness or an accident and Absences to fulfil family obligations.

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.

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. For more information, see our section on teleworking (in French only)

People who did telework in 2021 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, family members and dependents of a worker who died from COVID-19 may also be entitled to benefits under the AIAOD.

Furthermore, the COVID-19 claims procedure has been adapted based on the risk associated with the task. Consequently: 

• For a worker in the health network who performs tasks that expose them to a higher risk of contracting COVID-19 in the workplace, the claims procedure has been facilitated. Indeed, the CNESST considers that workers in the health network who provide, in particular, body care in environments contaminated with COVID-19 perform tasks where they are at risk of contracting a COVID-19 infection. Despite the prevalence of the disease in the general population, for these workers, the CNESST considers from the outset that they are more likely to have contracted the disease at work than outside work. 
  For all other workers in the health network who do not perform tasks that expose them to a higher risk of contracting COVID-19, it must be shown by a preponderance of evidence that COVID-19 was contracted in the workplace. 

For claims related to events that occurred after January 5, 2022:

• For priority workers who have access to a PCR test, the CNESST will continue to require a PCR test result from the COVID-19 screening platform or written confirmation from one of the public health authorities or written confirmation from the employer that they have received a positive COVID-19 test result, in the absence of a medical certificate.
• For all other workers who are unable to take a PCR test or those who despite their priority worker status were unable to take a PCR test or those who were not required to do so, the CNESST will analyze the admissibility of a COVID-19 claim based on its good faith and the confirmation of an outbreak or contact in the workplace by their employer. The worker will be required to complete a worker’s claim form indicating, in good faith, their symptoms. If possible, the worker may attach to their claim any document they have attesting to a test result. The worker's claim will then be processed according to the usual parameters. In addition, the CNESST also accepts written confirmation from the employer that they have received a positive COVID-19 test result.

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.

In the case of a claim for the death of a worker who contracted COVID-19 as a result of or in the course of their work, the CNESST may pay death benefits to the worker’s family (spouse and dependents). To be entitled to the worker's death benefits, the spouse, child or other dependent must complete the Worker’s claim form. In the case of workers’ deaths related to COVID-19, the CNESST has relaxed the rules since the beginning of the pandemic in favour of workers and their families: the usual six-month time limit to file a claim has been suspended for the duration of the pandemic.

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 any claim, the worker must see a physician to obtain a medical certificate that confirms the diagnosis and submit a claim. However, for claims related to COVID‑19, the CNESST can process a claim for a confirmed infection if the worker submits the "Worker's claim" (RTW) form along with their positive COVID‑19 test result. Note that a medical consultation will be required when the file is opened if the worker is absent from work for more than 14 days.

For claims related to events that occurred after January 5, 2022:

• For priority workers who have access to a PCR test, the CNESST will continue to require a PCR test result from the COVID-19 screening platform or a written confirmation from one of the public health authorities or a written confirmation from the employer that they have received a positive COVID-19 test result in the absence of a medical certificate.
• For all other workers who are unable to take a PCR test, the CNESST will analyze the eligibility of a COVID-19 claim based on its good faith and the confirmation of an outbreak or workplace contact by its employer. The worker will be required to complete a TRR indicating, in good faith, their symptoms. If possible, the worker may attach to their complaint any document attesting to the result of a test they have in their possession. The worker's complaint will then be processed according to the usual parametres. In addition, the CNESST also accepts written confirmation from the employer that they have received the result of a positive COVID-19 test.

The worker must notify their employer as soon as possible.

The CNESST encourages workers to make their claims online at Mon Espace CNESST (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.

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. This means that a teleworker who is domiciled in Québec 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.

With the exception of a worker domiciled outside Quebec who suffers an accident outside Quebec.

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 and send it to the CNESST.

In the context of the rapid emergence of the Omicron variant, the INSPQ has updated its recommendations for pregnant or breastfeeding workers. The recommendations no longer refer to the pregnant worker's vaccination status. They provide for the re-assignment of the pregnant worker from the beginning and for the duration of the pregnancy, in particular in order to respect the minimum distance of two metres with clients and colleagues and to eliminate the presence in the same place (accommodation, room, treatment room, etc.) or in the same vehicle, of confirmed or suspected cases of COVID-19 or people who are being investigated. From Day 6 through Day 10, the employer must ensure that pregnant workers are not the same room or vehicle as a worker who returns to the workplace early after a period of isolation of 5 days.

• 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:
  • Consult her attending physician, a specialized nurse practitioner or the physician in charge of health services in the establishment, as soon as possible
  • 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.

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. and it is dangerous for the unborn child or because of her pregnancy.

The worker retains the benefits related to her employment (section 43 of the Act respecting occupational health and safety).

The employer may request support for the reassignment if the worker remains reassigned. If the worker is withdrawn, the income replacement indemnity is paid.

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/

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
• 4 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 Directions de santé publique can be found on the website of the 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.

Starting on July 1, 2020, the Physio-Ergo CNESST app will no longer be available for private clinics. If your clinic wishes to continue corresponding with the CNESST by electronic means, you must contact one of the four manufacturers (in French only).

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

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., quality mask)

The medical 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.

Given the changing situation and the introduction of COVID-19 alert levels by region, the CNESST is cancelling some appointments for medical assessments when required in keeping with measures to combat the spread of the virus.

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.

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

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. quality 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 assess the public health situation and government guidelines for their medical assessments and take appropriate measures.

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 combat the spread of the virus.

It is important to note that preventive measures have been 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 go to their appointment. Certain preventive measures must be observed. Workers will be informed of the measures before their appointment.

No, for all requests for additional reports received as of April 20, 2022, the health professional in charge has 30 days, from the receipt of the request, to send his response to the CNESST as provided for by law.

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.

The Canada Emergency Wage Subsidy (CEWS) expired on October 23, 2021. However, other assistance programs apply to certain employers:

• Canada Recovery Hiring Program (CRHP);
• Tourism and Hospitality Recovery Program;
• Hardest-Hit Business Recovery Program;
• Lockdown Support.

For more information about these assistance programs, visit the Targeting COVID-19 Support Measures website.

For the period(s) you benefitted from the CEWS or another program, you are not reuqired to pay an insurance premium to the CNESST, either on the amount of the subsidy or on the additional amount you may have paid during this period, for weeks when your workers did not work. Consequently, no periodic payments are required on these amounts, and the necessary adjustments can be made on your 2021 Statement of Wages. However, for weeks when your workers worked, even part-time, you must report all of the subsidy, as well as the additional amount you may have paid your employees in the calculation of your periodic payments.

In keeping with the government’s desire to ensure the financial security of citizens, the CNESST continues to pay income replacement indemnities (IRI) in certain situations, despite the fact that these indemnities should have expired on March 12, 2020. These situations include:

• 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

In order to mitigate the financial impact of this extension on the plan, the CNESST will terminate the indemnity on the date announced by the government for the reopening of businesses.

The cost of these exceptional measures introduced to support workers was not imputed to employers’ files. The CNESST therefore, on its own initiative, decided to review and adjust the costs to employers.

In cases of situations not eligible for the allocation adjustments made automatically by the CNESST, employers who believe they have been unduly burdened by a COVID-related situation can submit a detailed request to the CNESST, including reasons supporting the request and the period in question, under section 326, paragraph 2, of the Act respecting industrial accidents and occupational diseases.

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.

The CNESST has implemented a flexibility measure stipulating that the cost of an employment injury accepted for a diagnosis of COVID-19 will be imputed to the classification unit in which the employer is classified. For more information, visit the CNESST flexibility measures website.

Employers who have submitted a request to transfer or share the imputed cost in cases where the accepted diagnosis is COVID-19 will receive a letter informing them that the CNESST has closed their request, since the corresponding amounts are no longer imputed to employers’ files.

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 Mon Espace CNESST (in French only).

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, workers can still challenge a decision.

The CNESST encourages workers and employers to subscribe to the secure Mon Espace CNESST site (in French only). This will ensure the safety of communications with the CNESST.

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 various online tools and training to help employers fulfill their pay equity obligations.