A-3.001 - Act respecting industrial accidents and occupational diseases

Section 179 Disposition versions

2022-10-06

179. The employer of a worker who has suffered an employment injury may, using the form prescribed by the Commission, temporarily assign work to him until he is again able to carry on his employment or until he becomes able to carry on a suitable employment, even if his injury has not consolidated, if the health professionalin charge of the worker believes that

(1)  the worker is reasonably fit to perform the work;

(2)  the work, despite the worker’s injury, does not endanger his health, safety or physical and mental well-being; and

(3)  the work is beneficial to the worker’s rehabilitation.

An employer may not temporarily assign work to a worker if the health professional in charge of the worker has not recorded his favourable opinion on the form prescribed by the Commission. The health professional in charge of the worker shall also indicate on the form his findings regarding the worker’s temporary functional limitations resulting from his injury.

The employer shall send the duly completed form to the Commission on obtaining the opinion of the health professional in charge of the worker. The form must be sent even if the health professional’s opinion regarding the assignment proposed by the employer is not favourable.

If the worker disagrees with the health professional’s favourable opinion, he may avail himself of the procedure provided in sections 37 to 37.3 of the Act respecting occupational health and safety (chapter S-2.1), and in that case is not bound to do the work assigned him by his employer until the health professional’s opinion has been confirmed by a final decision.

1985, c. 6, s. 179; 2020, c. 6, s. 13; 2021, c. 27, s. 46.

2021-10-06

179. The employer of a worker who has suffered an employment injury may temporarily assign work to him until he is again able to carry on his employment or until he becomes able to carry on a suitable employment, even if his injury has not consolidated, if the health professionalin charge of the worker believes that

(1)  the worker is reasonably fit to perform the work;

(2)  the work, despite the worker’s injury, does not endanger his health, safety or physical and mental well-being; and

(3)  the work is beneficial to the worker’s rehabilitation.

If the worker disagrees with the health professional, he may avail himself of the procedure provided in sections 37 to 37.3 of the Act respecting occupational health and safety (chapter S-2.1), and in that case is not bound to do the work assigned him by his employer until the report of the health professional has been confirmed by a final decision.

1985, c. 6, s. 179; 2020, c. 6, s. 13; 2021, c. 27, s. 46.

2021-01-25

179. The employer of a worker who has suffered an employment injury may temporarily assign work to him until he is again able to carry on his employment or until he becomes able to carry on a suitable employment, even if his injury has not consolidated, if the health professionalin charge of the worker believes that

(1)  the worker is reasonably fit to perform the work;

(2)  the work, despite the worker’s injury, does not endanger his health, safety or physical well-being; and

(3)  the work is beneficial to the worker’s rehabilitation.

If the worker disagrees with the health professional, he may avail himself of the procedure provided in sections 37 to 37.3 of the Act respecting occupational health and safety (chapter S-2.1), and in that case is not bound to do the work assigned him by his employer until the report of the health professional has been confirmed by a final decision.

1985, c. 6, s. 179; 2020, c. 6, s. 13.

1985-08-19

179. The employer of a worker who has suffered an employment injury may temporarily assign work to him until he is again able to carry on his employment or until he becomes able to carry on a suitable employment, even if his injury has not consolidated, if the physician in charge of the worker believes that

(1)  the worker is reasonably fit to perform the work;

(2)  the work, despite the worker’s injury, does not endanger his health, safety or physical well-being; and

(3)  the work is beneficial to the worker’s rehabilitation.

If the worker disagrees with the physician, he may avail himself of the procedure provided in sections 37 to 37.3 of the Act respecting occupational health and safety (chapter S-2.1), and in that case is not bound to do the work assigned him by his employer until the report of the physician has been confirmed by a final decision.

1985, c. 6, s. 179.