Workplace accidents are a concerning reality across all professions, with potentially serious consequences for workers. In Quebec, the year 2022 recorded a total of 161,962 workplace injuries, including 12,150 cases of occupational diseases and 149,812 workplace accidents. In response to these alarming figures, close collaboration between unions, employers, and government authorities is being implemented to ensure worker safety. This is reflected in the establishment of specific legal and regulatory provisions aimed at ensuring an adequate response in the event of a workplace accident.
What are the legal obligations and actions to take in the event of a workplace accident in Quebec?
In Quebec, workers are adequately protected in the event of a workplace accident through the CNESST (Commission for labour standards, pay equity, health and safety). This organization plays a central role in administering the compensation system, thereby providing insurance to workers in the event of a workplace incident. It is essential to be familiar with the legal provisions governing this protection in order to fully benefit from one’s rights.
The employer’s legal obligations
When a workplace accident occurs, the employer is subject to certain legal obligations that must be respected. These obligations include the preparation of specific reports.
Reporting the accident to the CNESST
According to Section 62 of the Act respecting occupational health and safety (AOHS), the employer is responsible for informing the CNESST as quickly as possible, within 24 hours, in the following situations:
- Death of a worker.
- Total or partial loss of a limb, or its use, or a major physical trauma.
- Injuries affecting several workers, preventing them from performing their duties for at least one full workday.
- Material damage assessed at $150,000 or more.
Reports to complete in case of work stoppage
If an accident results in a work stoppage, the employer is required to complete and submit other reports as outlined in Sections 266 to 269 of the Act respecting industrial accidents and occupational diseases (AIAOD).
Absence following a workplace accident
If the employee cannot return to work the day after the accident but must be absent for less than 14 days, the employer must complete the employer's Notice and reimbursement request form after receiving the worker’s medical certificate. The employer is required to pay the employee 90% of their net salary, which will later be reimbursed to the employer by the CNESST. If the employee must be absent for more than 14 days, they must complete the worker’s Claim form with the help of the employer and send it directly to the CNESST. Starting on the 15th day, the CNESST will pay the employee the compensation they are entitled to directly.
In case of a serious accident
The first essential step in this situation is to alert emergency services by dialling 9-1-1. This is a special number to call during an emergency to reach firefighters, police, or an ambulance. Once on site, paramedics and/or firefighters will handle the necessary medical interventions, while a law enforcement representative, whether a municipal police officer or the Sûreté du Québec, will be dispatched to rule out any suspicion of criminal activity. At this stage, CNESST inspectors will take over the investigation of the accident. The employer is responsible for informing the CNESST of the incident, and the accident site must be preserved in its initial state throughout the investigation, unless measures need to be taken to prevent further injuries or material damage, subject to prior authorization from an inspector. The employer is also responsible for identifying available witnesses to facilitate the investigation. Subsequently, the CNESST will prepare a workplace accident report, recording the facts and conclusions of the investigation.
Discover the Best apps OHS / Special Canada
Steps for the worker
When a workplace accident occurs, it is essential for the worker to follow certain steps to ensure their situation is adequately addressed.
Step 1: Notify the employer promptly
As soon as a work-related accident occurs, it is crucial to promptly inform the employer of the incident, either by the worker themselves or by another person present at the scene. This step is critical, as the employer is responsible for providing the necessary first aid. The CNESST recommends always recording the incident in the accident, incident and first aid Register, even if there are no serious consequences. If the worker needs to go to the hospital, a clinic, or even their home after the accident, transportation costs, such as for an ambulance, taxi, or public transport, are covered by the employer.
Step 2: Consult a doctor
When an injury occurs, it is imperative to consult a doctor. The worker has the right to choose their own doctor. The doctor will provide a medical certificate, which will be necessary for the worker’s claim. The return-to-work date is determined by the doctor. If the worker is unable to resume their usual position in the short term, the employer may offer a temporary assignment.
Step 3: Submit the medical certificate to the employer
If the worker cannot return to work the day after the accident, they must submit the medical certificate to their employer. The employer must then complete the employer’s Notice and reimbursement request and proceed with the steps outlined above.
Step 4: Complete the worker’s Claim
It is essential to complete the worker’s claim (online) within 6 months of the date of the accident to request reimbursement for expenses such as medical or travel costs. In the case of an occupational disease, it is necessary to complete the Worker’s Claim Appendix corresponding to the medical situation, in addition to the main claim.
Step 5: Undergo medical examinations
The worker is required to attend the necessary medical examinations and follow all treatments prescribed by the doctor. It is important to follow the doctor’s recommendations to ensure that the file is as complete as possible. If the worker misses examinations, penalties may be applied to the amounts that may be paid.
Step 6: Inform the CNESST of any changes
The worker must inform the CNESST of any changes in their medical situation or any other elements that could affect the file. Any change in health status must be reported to the CNESST to keep the file up to date. The worker is also required to immediately inform the employer and the CNESST when the return-to-work date is known.
Optimise workplace accident management with a specialised digital tool
Digitised forms for efficient reporting
In the field of workplace accident management, using a dedicated digital tool offers considerable advantages for both workers and employers. Among the essential components of this tool, digitised reporting forms play a central role. These forms allow those witnessing an accident to quickly provide the necessary information. By facilitating the systematic and structured collection of data, these forms are the first crucial step towards the prompt and appropriate handling of affected workers.
In-depth analysis and root cause investigation with the investigation form
Once the reporting form is completed, the occupational health and safety (OHS) department can intervene using a specific investigation form. This form, which builds on the elements of the report, allows for a more in-depth analysis of the accident. It facilitates the identification of contributing factors, the search for root causes, and the implementation of corrective and preventive actions. With this digital tool, companies can conduct thorough investigations of incidents and implement preventive measures to continuously improve working conditions.
Seamless integration with other registers and statistical dashboards
The digital tool dedicated to workplace accident management (Global OHS Management) also offers seamless integration with other essential registers. Among these are the accident, incident and first aid Register, and the HRIS (Human Resources Information System) personnel register, which records all incidents that occur within the company. This integration facilitates event traceability and provides an overall view of accidental situations.
Moreover, this tool offers statistical dashboards that provide a precise and comprehensive view of the situation. These dashboards make it possible to identify the departments most affected by workplace accidents, locate high-risk areas, and implement targeted preventive measures. The data collected by this digital tool are automatically used to generate reports and analyses, thereby facilitating decision-making and continuous improvement in workplace safety.
By adopting a specialised digital tool for workplace accident management, companies can optimise their approach, making it more efficient, accurate, and automated. The digitised reporting forms, detailed investigation form, and integration with other registers and statistical dashboards ensure proactive management of workplace accidents, thereby enhancing the safety and well-being of workers.
To learn more about managing workplace accidents:
Nan Ratsimandresy
No comment