Presentation of the new CNESST temporary assignment form
As announced by the CNESST, since October 6, new changes to the law on industrial accidents and occupational diseases are in effect. A new temporary assignment form is now mandatory.
What does this mean for your organization?
As of this date, only the CNESST form will be authorized. It will therefore no longer be possible to use your own forms and/or related task lists.
As a result, it will now be possible to suggest only two types of positions, including a series of tasks per form (Sections C and D). As provided for in the form, the attending physician will proceed by order of the suggestion of tasks, which means that if the first suggestion of temporary assignment is authorized (Section C), he will not rule on the second suggestion.
The physician will have to complete this form at each medical visit and decide on the temporary functional limitations (Section G). Once completed, it will be the employer’s responsibility to send a copy to the CNESST whether he is authorized.
A new section is also included in this form, namely the choice of salary payment to the worker (Section E). If the worker keeps the same number of hours worked as usual when the temporary assignment is set up, you will simply have to check “yes” in this section.
If, however, it is a temporary reduced time assignment, you will have to choose between the following two options:
- Option 1
You continue to pay the worker his normal salary and maintain the benefits associated with his employment. It will still be possible to make a request to the CNESST to be reimbursed for the hours not worked, but paid. However, if a request for reimbursement is made, it should be noted that the portion reimbursed by the CNESST will be charged to the file, which will result in an increase in the costs paid and will impact your future contributions.
- Option 2
You pay the worker only for the hours for which he/she performs the temporary assignment and the CNESST compensates for the difference. It should be noted that the difference assumed by the CNESST will be charged to the file, which will result in an increase in the costs paid and will impact your future contributions.
In order to prevent the CNESST from paying income replacement benefits (IRR) and having them affect your contributions, and given that you are members of a prevention mutual group, you must ensure that a worker on temporary assignment receives at least the equivalent of the minimum insurable salary, or 90% of his or her net salary, if the worker receives an annual salary that is higher than the minimum insurable salary established by the Commission. We therefore recommend that you choose option 1, without making a claim. Indeed, the addition of amounts to your employer file will affect your performance and your CNESST contributions.
Do not hesitate to contact our team for assistance in managing your OHS claims!
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