The Commission des normes, de l’équité, de la santé et de la sécurité au travail (CNESST) is a government organization that ensures workers in Quebec are provided with adequate employment standards. But who exactly does this law cover? This article provides an overview of the scope of the CNESST and explains which individuals and organizations it covers.
What Is The CNESST?
The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) is a government organization in Quebec dedicated to protecting the rights of workers. It covers both unionized and self-employed workers, regardless of their worker status or employment contract. The CNESST’s main function is to protect employers from risk by having an employer representative on site and performing inspections with a CNESST inspector if necessary.
In addition, they provide legal advice through a CNESST lawyer when needed. The CNESST sets minimum wages for all industries and job categories so that no employee can be underpaid or taken advantage of at work. They also help ensure compliance with labor laws and regulations among employers. It also offers training programs related to occupational health and safety topics such as first aid, fire safety, personal protective equipment use, hazard identification, and control methods, etc., to help employees stay safe while working.
Who Is Not Covered By The CNESST?
Not everyone is covered by the CNESST, although it does provide a wide range of services. Individuals who only work outside of Quebec, voluntary workers, and incarcerated people are examples of individuals not eligible for employment protection insurance or occupational health support from the CNESST.
Below is a list of people who are not covered by the CNESST:
- Self-employed individuals
- Members of the Canadian Armed Forces
- Individuals working solely outside of Quebec
- Embassy staff located in Quebec
- Incarcerated persons
- Volunteers
- Federal government employees
- And more!
Although many types of workers may not be able to take advantage of all that the CNESST has to offer, there are still ways they can get help when needed. This includes government programs specifically designed to assist those unable to use the resources offered by the organization.
Who Is Covered By CNESST?
From agricultural workers to construction workers, most people in mainstream employment actively receiving a salary are entitled to coverage under CNESST. The aim is to protect workers from issues such as industrial accidents or sexual harassment in the workplace, which is why it aims to provide personal protection to as many workers in Quebec as possible.
Any worker who receives payment under an apprenticeship or employment contract for full or part-time work is automatically covered by this insurance. The CNESST covers most types of accidents that occur in workplaces and also medical conditions resulting from such accidents. The protection provided by CNESST also extends to workers’ death benefits if a fatal accident takes place as part of their job.
What Is The Difference Between CSST And CNESST?
CSST and CNESST are both organizations in Quebec that deal with workplace safety and compensation, but they have different functions. CSST, or the Commission de la santé et de la sécurité du travail, is responsible for preventing workplace accidents and occupational diseases, and also provides compensation to workers who have suffered injuries or illnesses on the job.
On the other hand, CNESST, or the Commission des normes, de l’équité, de la santé et de la sécurité du travail, is responsible for enforcing workplace standards and ensuring fair treatment of employees in terms of labour laws and regulations. While there is some overlap in their responsibilities, CSST is primarily focused on physical safety, while CNESST is focused on legal and regulatory compliance.
How to file a claim with CNESST
Who Is Considered An Employee In Quebec?
In Quebec, an employee is someone who works under an employment contract, whether it is written or verbal, with an employer. This includes full-time, part-time, and temporary workers. Independent contractors or self-employed individuals are not considered employees, as they are responsible for their own work and do not have a direct relationship with an employer.
Additionally, interns, apprentices, and trainees may also be considered employees if they meet certain criteria, such as receiving compensation for their work or having a set schedule. Overall, the definition of an employee in Quebec is based on the nature of the work relationship between the worker and the employer.
Anyone considered an employee in Quebec is eligible for protection under the CNESST should they suffer from work a related injury, industrial accidents or workplace harassment. The protections offered by the CNESST provide salaried employees with peace of mind that their health will be taken care of in case of unexpected physical harm caused by their jobs.
What Does CNESST Offer?
Prevention Plans
One of CNESST’s key initiatives is focused on awareness and education, as it believes that these two factors play a pivotal role in making workplaces safer. For example, through seminars and workshops and other academic programs, members are well-informed about the latest legal standards in health and safety regulations. Additionally, the organization works with employers to develop plans for controlling risks found at their workplace.
Compensation
At its core, CNESST is a compensation program that supports workers who have been injured in the course of their work. It provides compensation for those with both physical and mental impairments due to occupational diseases or employee injury. This means that anyone who suffers from an employment injury can benefit from receiving financial support from CNESST through disability payments and wage-replacement benefits.
Not only does CNESST ensure that all workers get the medical assistance they need, but it also offers other services such as providing rehab services for those with permanent physical or mental impairments due to occupational injury. This makes sure that when an employee has been affected by an accident or disease related to employment, he or she can still receive the necessary help to be able to return back to their normal life as quickly as possible.
Counseling and Information
The counseling and information services provided by the CNESST are multifaceted and range from general to very specific needs. It establishes a constant communication with both employers and workers to keep them informed of their legal obligations and rights in regards to prevention initiatives and ways to improve workplace health.
The CNESST also offers support in matters related to prevention. It maintains a documentation center that consists of an audiovisual library open to everyone, along with a toxicological index featuring information about commercial or industrial products commonly found at the workplace. The aim of these services is to ensure safer standards for the protection of human health at work.
Legal Services
If you are an employee in Quebec who has suffered from a workplace injury, it is essential that you exercise your right to compensation from your employer. Accident Solution’s dedicated lawyers are here to help you every step of the way with your CNESST claim. Our lawyers specialize in CNESST cases so will be able to guide you through the entire process in order to ensure you receive the compensation you deserve.
