According to Statistics Canada, one in four Manitobans has a disability. Manitobans with disabilities are already an integral part of our workforce. They also represent a skilled segment of unemployed individuals looking for work. Accessibility levels the playing field, improves productivity, and makes workplaces healthier and safer for everyone – often at little or no cost. The Accessibility Standard for Employment guides employers on how to recruit, hire and retain employees by preventing and removing barriers in the workplace.
Safety comes first. To ensure employee safety, as of May 1, 2020, all Manitoba employers with one or more employees, including your organization, must have:
- plans to provide individualized emergency response information to keep employees with disabilities safe; and,
- permission from all employees who require assistance during an emergency to share that information with other individuals in the organization who have agreed to provide support.
Requirements, Checklists and Other Useful Resources
Accessibility Manitoba has provided this Workplace Emergency Response Information Toolkit that includes more information and a sample template to get you started.
The other elements in the Standard will help ensure workplaces have appropriate processes and plans in place to offer reasonable accommodations and be inclusive of employees with disabilities. The requirements have been phased in and the compliance deadline for businesses and non-profit organizations is May 1, 2022.
The Manitoba Accessibility Office has the following resources to help employers meet the requirements for the Accessibility Standard for Employment:
- Accessibility Standard for Employment FAQs
- Accessibility Standard for Employment Barriers and Solutions
- Accessibility Standard for Employment Handbook
- Accessibility Standard for Employment Policy Guide
- Online Learning Portal – Accessibility Standard for Employment Learning Module
- Accessibility in the Workplace: Good for Everyone, Law in Manitoba Video
You are encouraged to complete the learning modules in their online learning portal at AMALearningMB.ca. The Accessibility Standard Employment Learning Module has been approved for education credits for MTAM members.
To access these tools and other resources, or to register for a free workshop where you can learn more about the new Standard, please visit AccessibilityMB.ca or subscribe to Accessibility News to receive an email update every three months.
If you have any questions or would like more information, please contact the Disabilities Issues Office (DIO). The DIO can be reached by email at dio@gov.mb.ca or by calling (204) 945-7613 or toll-free at 1-800-282-8069 (Ext. 7613).
FAQs
Q. If the Employment Standard came into effect in 2020, what is the difference now?
A. Each standard takes effect on a set date and then businesses are given ample opportunity to make the necessary changes in order to comply with the new standard. The Accessible Employment Standard took effect in May of 2020 and will be enforceable as of May 1, 2022.
Q. What if I have contractors rather than employees?
A. Contractors, volunteers, and/or students are all considered workers even if they are not an employee. All workers in your clinic have a right to a safe work environment. As a business/clinic owner you should follow guidelines in place by Manitoba Workplace Safety and Health and the Manitoba Human Rights Commission. These organizations provide information to help you meet all worker’s/contractors’ health and safety needs which may include a policy in how to respond in emergency situations.
Q. I work alone. Does this apply to a solo practice?
A. There is no specific requirement for solo practitioners however they are encouraged to consider a variety of “working alone” safety practices in case a workplace emergency arises. Attend an MTAM Working Safely Alone course or contact a Practice Advisor for assistance.
Q. How often should I review the clinic policy?
A. Workplace policies should be reviewed annually along with other employee/contractor information and agreements.
Q. How is compliance monitored and what happens if my business is found to be not in compliance with any of the Accessibility Standards currently in effect?
- Organizations may be selected for compliance period actions, based on:
- random selection
- targeted, sector-specific selection
- substantiated concerns about an organization
- information provided by partner government departments and bodies that work under complementary legislative and regulatory frameworks, or
- an organization’s non-response to requests about their compliance status
If an organization is found to be not complying at any step in the process, and if educating does not lead to compliance, the organization will be escalated to the next step in the compliance framework. Unlike the Human Rights Code (Manitoba), the AMA is not complaints-based legislation. As such, the Accessibility Compliance Secretariat does not investigate or mediate individual complaints. Feedback from members of the pubic, is systematically tracked to identify trends that inform compliance activities (e.g., reviews and inspections), as well as awareness raising initiatives.
A business can receive a fine if the concern is not addressed and/or if further violations occur. The maximum fine is $250,000. Fines are used as a last resort.
Q. Where can I learn more about implementing this Standard in my clinic?
A. The Manitoba Accessibility Office has created many resources to help businesses, and which can be easily adapted if you have contractors rather than employees:
- Online Learning Portal – Accessibility Standard for Employment Learning Module (approved for education credits with MTAM)
- Accessibility Standard for Employment FAQs
- Accessibility Standard for Employment Barriers and Solutions
- Accessibility Standard for Employment Handbook
- Accessibility Standard for Employment Policy Guide
- Accessibility in the Workplace: Good for Everyone, Law in Manitoba Video