Publications and Conferences

Since 2024, the legislator has tightened the rules regarding access to the medical files of workers dealing with an employment injury, notably by amending the provision governing the modalities of the right of access to the medical file held by the CNESST (section 38 of the Act respecting industrial accidents and occupational diseases) and by adding a specific fine for violations of this provision. As a result, a health professional designated by the employer must receive a copy of the medical file sent by the CNESST and provide the employer with a summary. But what happens when the employer uses a means other than section 38 of the Act to obtain a medical file?