Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

S-2.1 - Act respecting occupational health and safety

Section 37
Disposition versions

Full text
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 health and safety representative and the employer to examine and decide the question in conjunction with a physician in charge of health services in the establishment, or if there is no such physician, the public health director of the region where the establishment is situated.
If there is no safety committee or health and 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; 2021, c. 27, ss. 132 and 303.
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.
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 head of the community health department of the territory 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.
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 head of the community health department of the territory where the establishment is situated.
The worker or the employer may request the Commission to review the decision. If there is no safety committee or safety representative, the worker may send his request directly to the Commission. The Commission’s decision is final and executory.
1979, c. 63, s. 37.
© Gouvernement du Québec