Exercising your rights workplace health and safety

EXERCISING
YOUR
RIGHTS
WORKPLACE
HEALTH
AND SAFETY
THE COMMISSION DES LÉSIONS
PROFESSIONNELLES
LISTENING, CONCILIATING,
DECIDING
MISSION
Note
This publication contains general information only. It has no legal value.
ISBN 978-2-550-68955-3
Legal deposit
Bibliothèque et Archives nationales du Québec, 2013
The Commission des lésions professionnelles
(CLP) is an administrative tribunal of final
instance that is specialized in workplace
health and safety. Employers and workers
who wish to contest a decision of the
Commission de la santé et de la sécurité du
travail (CSST) can turn to the CLP. They have
the option of using the CLP’s conciliation
service or requesting a hearing before an
administrative judge.
HOW TO
CONTEST
A DECISION
OF THE CSST
ONLINE
Use the online contestation form available on our
website. Make sure you indicate the file number issued
by the CSST’s administrative review division. You do not
have to provide the decision being contested.
BY MAIL OR BY FAX
Use the PDF version of the contestation form available
on our website or contact the regional office nearest you
to request a copy. Alternatively, you can submit your
contestation in a letter. Attach a full copy of the decision
being contested and send your contestation to the CLP
office located in the worker’s area of residence.
DO NOT DELAY
Do not delay, as your contestation must be filed within
the time limit provided for by law. In most cases, the
limit is 45 days after receiving the CSST’s decision.
It is 10 days if you are contesting an assignment to other
duties, a right of refusal, a preventative leave or a CSST
inspector’s decision.
45
DAYS
after receipt of the CSST’s decision
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CONCILIATION
The Commission des lésions professionnelles encourages
you to use its conciliation service to settle your disputes.
The CLP graciously provides the services of a neutral
person to help you try to reach a negotiated settlement
without a hearing.
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CONCILIATION
Simple / Voluntary
Satisfactory / Confidential
Respectful of your rights
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CONCILIATION IS:
SIMPLE
Because discussions take place in a more informal
framework than that of a hearing, and there is no need
to wait to be summoned by the CLP.
VOLUNTARY
Because it is initiated with the consent of the parties
and can be terminated at any time, at the request of one
of the parties.
SATISFACTORY
Because each party is given an opportunity to defend
its interests, which is conducive to a settlement that is
satisfactory to all parties.
CONFIDENTIAL
Because everything that is said or written during
conciliation must be kept confidential and cannot be
disclosed to anyone else or used as evidence before a
tribunal, unless the parties give their consent.
RESPECTFUL
OF YOUR RIGHTS
HOW WILL
THE CONCILIATION
BE CONDUCTED?
The starting point of the conciliation process usually
is a telephone conversation. Conciliation may be
conducted with each party individually or in the
presence of all the parties——the worker, the employer
and the CSST if necessary. The conciliator first
establishes an atmosphere conducive to discussion.
He or she then clarifies the dispute, determines the
interests of each party and helps them find and consider
solutions that may lead to a settlement that is
acceptable to all, and is consistent with the law. The
conciliator draws up the documents for the settlement
and ensures that they reflect the parties’ wishes.
If the parties are unable to reach a satisfactory
settlement, a hearing will be scheduled before an
administrative judge at the CLP.
ARE YOU
INTERESTED
IN CONCILIATION?
Contact the office of the CLP nearest the worker’s place
of residence. For further information, see our website
at clp.gouv.qc.ca and read the Cadre d’exercice de la
conciliation. You can also watch a video on the
contestation process. A clip specifically covers
conciliation.
Because the agreement must be consistent with the law and
it is always possible to be heard by an administrative judge
if the conciliation fails or one of the parties decides to
terminate it.
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THE HEARING
The hearing is a very important step.
It gives the parties the opportunity to:
BRING OUT
THE IMPORTANT FACTS.
HAVE THEIR
WITNESSES TESTIFY.
RESPOND TO THE ARGUMENTS
BY THE OTHER PARTIES.
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WHO ATTENDS
THE HEARING?
- An administrative judge, who conducts the hearing
and renders the decision alone;
- A member from an employers’ association and a
member from a union association, whose role is to
advise the administrative judge. However,
contestations related to financial matters are heard
by an administrative judge sitting alone;
- An assessor with the CLP, generally a physician, can
be present to advise the administrative judge on the
scientific or medical aspects of the case;
- The employer, the worker and the parties’
representatives, as applicable;
- The CSST can also intervene and be represented;
- Witnesses, as applicable.
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IS YOUR
PRESENCE
AT THE HEARING
MANDATORY?
All the registered parties are summoned to the hearing.
Although not mandatory, your presence is very important
if you want to make sure the administrative judge has all
the relevant evidence and is aware of all your arguments.
You can, however, submit your evidence or arguments in
writing before the date of the hearing.
If you do not attend the hearing, the administrative judge
can hold it in the presence of the other parties, as
applicable. The decision will then be based on the
evidence of the record and, as applicable, that filed by
the other parties to the hearing.
DO YOU
HAVE TO BE
REPRESENTED?
You may attend alone or be accompanied
by the representative of your choice:
AN ATTORNEY;
A UNION REPRESENTATIVE;
AN EMPLOYER REPRESENTATIVE; OR
ANY OTHER PERSON YOU FEEL CAN SPEAK
FOR YOU.
The evidence includes:
THE RECORD SENT TO YOU OR
YOUR REPRESENTATIVE BY THE CLP;
ANY OTHER DOCUMENT
FILED AT THE HEARING;
TESTIMONY PROVIDED
DURING THE HEARING.
ARE THERE
COSTS TO PAY?
The CLP does not charge anything for the hearing.
However, you are responsible for:
- your travel expenses;
- the fees charged by your representative and your
interpreter, as applicable;
- your witnesses’ expenses;
- your hours of work during the hearing.
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DO YOU
WANT TO
CALL WITNESSES?
DO YOU
NEED AN
INTERPRETER?
If you feel that witnesses are necessary to help you
establish certain facts, you must, at your own expense,
contact them and make sure they will attend the hearing.
Inform them that they must testify under oath and
faithfully report the facts they can attest to. Only expert
witnesses may express an opinion.
To call a witness, you must complete the form Summons
to Appear, which is available at the CLP on request. We
suggest you have a bailiff serve the summons, or have
it delivered by certified mail, fax, or any other means
that gives you a proof of receipt. Do so quickly, as your
witness must be notified at least 10 days prior to the
date of the hearing. In the event of an emergency, the
Tribunal may reduce this time limit. Contact us for more
information.
You can speak French or English at the hearing. If you
wish to speak English, you must so inform the CLP as
soon as possible so that the administrative judge and
the other members of the tribunal can be designated
accordingly.
To speak a language other than French or English, you
must be accompanied by an interpreter, at your own
expense. The CLP does not provide interpreters, except
to the hearing-impaired.
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CAN THE DATE
OF THE HEARING
BE CHANGED?
You must have a serious reason for requesting a
postponement of your hearing. If so, submit your request as soon as possible. Be advised, however, that
the date and time already set for the hearing remain
valid until the CLP informs you that it has accepted your
request for postponement.
The Tribunal’s guidelines on postponement are available
on the CLP’s website.
DAYS
prior to the date of the hearing
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HOW CAN YOU
PREPARE
FOR THE HEARING?
You must prepare well, since it’s your last opportunity to
defend your point of view. In the weeks before the hearing, the CLP will send a copy of your record to you or
to your representative, if you have one. Make sure you
are familiar with your record. Copies will be sent to the
members of the tribunal and the other parties.
The record contains:
DOCUMENTS YOU MAY ALREADY HAVE IN YOUR
POSSESSION (medical reports, letters, CSST decisions,
etc.);
OTHER DOCUMENTS THAT YOU HAVE NEVER SEEN
(notes by CSST staff, for example).
If you wish to file any other documents with the CLP, do
so as soon as possible. Expert reports must be sent at
least 15 days before the date of the hearing.
15
DAYS
before the date of the hearing
SEE
A FEW TIPS FOR THE HEARING:
our website at clp.gouv.qc.ca to consult the Règlement
sur la preuve et la procédure de la CLP and watch our
video on the contestation process.
MAKE SURE YOU HAVE
-a full copy of your record;
-copies of your correspondence with the CLP;
-all the other documents that may be relevant to your case.
PAY CAREFUL
ATTENTION
to explanations given by the administrative judge at the
start of the hearing.
MAKE SURE YOU
UNDERSTAND
the questions before you answer them.
SPEAK
to the administrative judge and do not engage in
discussion with the other party.
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WHAT
HAPPENS
AT THE HEARING?
PRESENTATION
OF EVIDENCE
At this stage, the administrative judge usually invites the
contesting party to present its evidence and call its
witnesses. Once that has been done, the other parties
may ask questions and, in turn, present their evidence
and call their witnesses. The hearing revolves only
around questions related to the contestation.
That is why the administrative judge:
- makes sure the questions are clear and fully
understood by the persons present;
- may refuse to hear a witness;
- may refuse to receive documents deemed irrelevant.
ARGUMENTS
Once the parties have finished presenting their evidence,
the administrative judge asks them to submit their
arguments. This is when each party gives the reasons
that, in its view, should lead the Tribunal to uphold,
amend or quash the decision of the CSST.
THE DECISION
OF THE CLP
The administrative judge renders the decision alone
within 60 or 90 days after the end of the hearing,
depending on the nature of the dispute. The time period
is calculated as of the date the administrative judge has
received all the relevant documentation. In certain
complex situations, more time may be required.
The decision is final and without appeal; all persons
concerned by the decision must comply with
it immediately.
DECISIONS
ARE
FINAL
AND WITHOUT APPEAL
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ONLINE
SERVICES
clp.gouv.qc.ca
INTERNET
Through our website, you can:
- fill out the contestation form;
- consult your file, the hearing roll and the
jurisprudence (Mémento LATMP-LSST);
- submit documents online;
- find out which office you should contact;
- make a change of address if you are the worker;
- file a complaint.
CORRESPONDENCE
You can use a form to indicate the means (mail or email)
by which you wish to receive the following
correspondence from the Tribunal:
-decisions;
- inquiry and hearing notices;
- acknowledgments of receipt;
- other correspondence from the Tribunal.
As part of its ongoing efforts to
better serve you, the CLP constantly
improves its online services, thus
contributing to sound environmental
management.
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TO REACH US
For additional information, contact the
CLP office nearest you. Our staff will be
pleased to answer your questions
Monday through Friday, from 8:30 a.m. to
12 noon and from 1 p.m. to 4:30 p.m.
Visit our website:
clp.gouv.qc.ca
Original text in French.
clp.gouv.qc.ca
OCTOBER 2013