Quebec has adopted laws intended to establish the rights and responsibilities of workers and employers, including the act respecting occupational health and safety (AOHS) and the act respecting industrial accidents occupational diseases (AIAOD). One governs worker compensation and rehabilitation while the other handles prevention and inspection.
These laws are enforced by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST). CNESST is the body to which the Quebec government has entrusted the promotion of labor rights and obligations and the handling of all occupational health and safety complaints. As a construction law firm committed to handling any matters related to the construction industry, Cotney Canada is prepared to provide you with any legal counsel you may need to provide a safe workplace for your workers. A Montreal construction lawyer can also represent you in safety matters, such as navigating the CNESST inspection process.
How a Montreal Construction Attorney Can Help You Fulfill Your Responsibilities Under AOHS
Under AOHS, every employer has to take all necessary measures to ensure the health, safety, and physical well-being of their workers. This includes informing your workers of the risks associated with their work, providing them with the appropriate training, cooperating with the health and safety committee, and more. It can be stressful and time-consuming for contractors to tackle all of these tasks on their own. For assistance with these matters, you can retain the assistance of an experienced Montreal construction lawyer.
With the assistance of an attorney, you can make sure that you’re taking all of the necessary precautions to ensure a safe work environment for all of your employees. An attorney can assist your business with any or all of the following tasks:
- Perform a third-party inspection of the jobsite and identify and address any safety concerns
- Draft and update safety manuals to ensure they are compliant with the relevant regulations
- Ensure that you have appointed appropriate supervisors and developed a health and safety committee
- Help to inform your employees of any job-related risks and provide the necessary training
Ensure Safety Compliance With a Montreal Construction Lawyer
In the event that a complaint is made or a serious accident takes place on your job site, CNESST will intervene and forward the complaint to a conciliator-decision-maker. This individual is an independent and neutral interlocutor appointed by CNESST who will provide the opportunity for you and the individual who filed the complaint to find a mutually beneficial solution. If you and the opposing party cannot reach common ground, the conciliator-decision-maker will summon you to a hearing, followed by a decision in which the complaint will be accepted or rejected. If you feel you have been wronged by a CNESST decision, this decision can be appealed within 45 days to the Administrative Labor Tribunal.
For any assistance ensuring that your workplace is up-to-date on the latest safety and health information and in compliance with the government requirements, don’t hesitate to contact a Montreal construction attorney. We’re armed with years of experience in the construction industry and prepared to help you every step of the way, from preparing for the inspection process to contesting a decision by CNESST.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.