The Employment Standards under the AODA and the Accessible Employment Standard under the Accessibility for Manitobans Act both require organizations to make employment processes and practices accessible to workers with disabilities. Moreover, both standards require many of the same processes and practices to ensure accessibility. However, there are many important differences between the standards. The third review of the AODA recommends that the Ontario government should coordinate with other provinces and the federal government to ensure that accessibility laws are consistent across Canada. Therefore, requirements in the AODA may one day change to align with mandates under the Accessibility for Manitobans Act. In this article, we will explore individual accommodation plans for workers in Ontario and Manitoba.
Individual Accommodation Plans for Workers in Ontario and Manitoba
The AODA’s Employment Standards and the Accessible Employment Standard of the Accessibility for Manitobans Act (AMA) both require individual accommodation processes. In both provinces, public-sector organizations and large private-sector organizations must create and implement processes detailing how to develop individual accommodation plans for workers with disabilities. This process should outline how:
- A worker can request an accommodation plan
- The worker’s accommodations will be assessed on an individual basis
The worker can request that a representative from the union, or another person, can be involved in developing the plan. Alternatively, the employer can request evaluation from an outside medical or other expert. This expert can help the worker and employer determine whether the worker needs accommodations, and how the employer should provide them. However, this consultation must be at the employer’s expense. The process for creating accommodation plans should outline the employer’s procedure for requesting assistance from any of these third parties. Furthermore, the worker’s personal and medical information must remain confidential. The process for creating accommodation plans should list steps for maintaining workers’ confidentiality.
The employer must provide the worker with a copy of their accommodation plan in an accessible format, upon request. In addition, the process must outline how the employer will alert the worker if the employer denies the worker’s request for an accommodation plan. Finally, the process for creating and implementing accommodation plans should state how often the employer will review and update a worker’s plan.
Differences
While both provinces outline requesting assistance from a union representative, workers can also request support from other parties. In Ontario, in workplaces without unions, any co-worker can act as a worker’s representative when developing an accommodation plan. In contrast, workers in Manitoba can receive additional support with their plans, whether their workplace has a union or not. Moreover, the person providing this support does not need to be a co-worker. Instead, the person providing support should have knowledge of the various accommodations workers can use, and how to implement them.
Furthermore, if a Manitoba employer denies a worker’s request for an accommodation plan, this denial must be in writing. The employer must also state the reason for the denial.
In addition, workers in Manitoba can ask their employer to review and update their accommodation plans sooner than the workplace’s process mandates.
Implementing Accommodation Processes
Finally, while the AODA and the AMA both require this process, the AODA does not provide further guidance about implementing it. On the other hand, the AMA directly mandates that employers must work with employees who have disabilities to develop those employees’ requested accommodation plans. This mandate applies to all organizations, including small private-sector organizations.
The Accessible Employment Standard states that a worker’s individual accommodation plan should list any:
- Accessible information the worker should receive, including workplace emergency information
- Other accommodations, including form and timing of accommodations
Workers requesting plans must assist the employer as much as possible to determine what their accommodations should be. For instance, some workers have documents from medical personnel or other professionals, stating the workers’ needs for accommodation. These workers can present their employers with copies of these documents. Similarly, workers and employers may arrange evaluations to determine the most appropriate accommodations. Once their plan is implemented, a worker should also provide feedback to the employer. For example, the worker can alert the employer if they need to modify any accommodations. Alternatively, in the case of temporary disability, the worker can alert the employer if accommodations are no longer needed. Finally, the employer must review a worker’s accommodation plan if the worker:
- Modifies their work station
- Moves to a different location
- Has different work responsibilities
The employer must also review a worker’s plan if they know of any other changes that could impact the worker’s accommodations.