Unfortunately, people do occasionally get hurt at work in such a way that they can no longer perform their duties.
In these cases, the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) may pay compensation. While teachers in these situations are urged to contact their union immediately if they are unclear on what to do, the following website may offer the necessary information: www.csst.qc.ca
It is defined as a sudden and unforeseen event, attributable to any cause, which happens to a person, arising out of or in the course of his work and resulting in an employment injury to him.
Each situation is analyzed by a CNEEST agent and is based on the medical notes provided by the doctor. In fact, it is the doctor who begins the process with the CNESST by filling out the medical report indicating the diagnosis and the link to employment.
This is why is it important to make an appointment with the doctor on the day the accident at work occurs and to fill out the register of accidents available in your school or centre.
Recognition of an occupational injury by the CNESST allows you to:
The Quebec Regulation respecting occupational health and safety sets standards for the minimum obligatory temperature to be respected in our establishments, taking into account the nature of work being carried out. These standards require a minimum ambient temperature of 20 degrees Celsius in situations involving mental work. This is reduced to 16 degrees Celsius for work carried out, for example, in a gymnasium. The basic formula is simple: the more our work requires us to move, the more the minimal temperature to be respected is reduced.
Regulation respecting occupational health and safety
Extracted from the Act respecting occupational health and safety (R.S.Q., c. S-2.1, s. 223)
However, although the question is frequently asked during the (sometimes numerous) days of extreme heat at the beginning and end of the school year, the law does not set a maximum temperature to which workers may be exposed. This situation arises because of the many factors which must be taken into consideration depending on the work location: for example, relative humidity, exposure to the sun, physical demands of the work. This is why the CNESST suggests instead various means to limit the discomfort caused by heat (hydration, fans, etc.).
A worker has an individual right to refuse to perform his or her work if he/she has reasonable grounds to believe that he/she could be exposed to danger to his/her health, safety or physical well-being or would expose another person to a similar danger (article 12 Act respecting occupational health and safety) (10-8.00 collective agreement)
Examples of situations that could lead to a right of refusal:
The process is the following:
The worker is still entitled to a salary while exercising that right but should remain at the workplace and be available. The employer cannot take reprisals against a worker because he/she exercises such a right. (article 30)
The right of refusal cannot be exercised when it jeopardizes the life, health, safety and physical well-being of others or when the conditions are considered usual for this kind of work. (article 13)
Every employer must take the necessary measures to protect the health and ensure the safety and physical well-being of his worker (article 51 of the Health and Safety Act; articles 4 and 46 of the Charter of Human Rights and Freedoms; and article 2087 of the Civil Code).
Starling is an online mental health and wellness tool that helps you assess, monitor and improve your mental wellbeing. It’s an interactive, online program that teaches you about your mental functioning and gives you practical techniques for building stress resilience and boosting mental fitness.
As a member of a QPAT affiliated union, it’s available to you to use anywhere and anytime you want, for free. And it is and will always be 100% confidential!
N.B.: Your school board is not involved in this project and will NEVER have access to any information relating to your personal use of the Starling Minds program!
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