It was necessary to deprive bosses of the right to access the medical files of their employees on sick leave, because several employers have committed “breaches of confidentiality”, argues the Legault government in response to criticism of its reform of the Workplace Accidents Act.
“As we noted that there was a lot of exaggeration on the part of employers, we came to clarify the law,” explained Amelia Benattia, the press secretary of the Minister of Labor, Jean Boulet.
The Journal reported Monday that employers no longer officially have the right of access to the medical files of their employees at the CNESST since last Friday, with the entry into force of certain provisions of the Act aimed at preventing and combating psychological harassment and sexual violence in the workplace. They now need to have the essential elements summarized by a health professional.
Among employers, the pill is not going well, and many are worried about not being able to adequately follow up on the files of their employees who are on sick leave.
“Minimal” change
Organizations like Telus Santé, which supports employers in the management of work accident files, estimate that this reform will lead to an increase of 30% to 40% in the number of disputes, and by extension, an explosion in costs of 300 M $ per year to the CNESST.
In Minister Boulet’s office, we assure that we are “closely monitoring the number of protests” and we judge these estimates to be “far exaggerated”.
“The changes [à la loi] do not prevent access to information that is relevant,” added Mr.me Benattia, insisting that this modification is “minimal”.
“The employer never had access to the entire medical file of the workers, which is a matter of private life being confidential,” she stressed.
It’s not just employers…
Unlike employers’ organizations, the trade union community welcomes Minister Boulet’s reform.
“It is important to remember that beyond the amounts paid by employers, it is the workers who pay with their health, and sometimes even with their own lives,” declared the president of the CSN, Caroline Senneville , in a written statement to Journal.
Mme Senneville also argues that the average rate of employer contributions to the CNESST “is at its lowest level since the adoption of the law in 1985”.
The proposal put forward by the Quebec Bar to prevent employers from accessing an employee’s file only in cases of psychological harassment or sexual violence is not appropriate, according to another union source who asked not to be identified.
“We still cannot dice up rights by type of professional injury,” we whispered.
Paperwork
On the side of the Canadian Federation of Independent Business (CFIB), however, we reiterate that Minister Boulet’s reform will burden the system in addition to being costly.
“With the required medical data, employers can adapt workstations and help with work rehabilitation,” argued the organization’s vice-president, François Vincent.
“It’s still quite incredible that to have access to an article that has been in the law since the 1980s, additional paperwork is going to be required,” he laments.
