37. If a worker believes he is not reasonably capable of performing duties to which he is re-assigned by the employer, he may request the health and safety committee or, failing such a committee, the safety representative and the employer to examine and decide the question in conjunction with the physician in charge of health services in the establishment, or if there is no physician in charge, the public health director of the region where the establishment is situated.
If there is no safety committee or safety representative, the worker may send his request directly to the Commission.
The Commission shall render its decision within 20 days of the request and the decision has effect immediately notwithstanding any application for review.
1979, c. 63, s. 37; 1985, c. 6, s. 525; 1992, c. 21, s. 302.