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 accessible workplace emergency response information in Ontario and Manitoba.
Accessible Workplace Emergency Response Information in Ontario and Manitoba
The AODA’s Employment Standards and the Accessible Employment Standard of the Accessibility for Manitobans Act (AMA) both require employers to provide accessible workplace emergency response information. In addition, employers must provide individualized workplace emergency response plans for workers who need them. In both provinces, employers must consult with workers who need these plans, to create and implement them.
Furthermore, some workers need assistance from colleagues in the event of a workplace emergency. Employers must find co-workers to provide this assistance. With the consent of a worker, the employer must share that worker’s emergency response plan with co-workers providing support. Finally, employers should review the emergency response information specific to a worker when:
- The worker moves to another workspace
- The employer’s general emergency response procedures change
Differences
Under the AODA, an employer must also review emergency response information when reviewing a worker’s individual accommodation plan. While the AMA does not require this review, it mandates review whenever there are changes to that worker’s work station. The AMA also places more emphasis than the AODA on the need for confidentiality. The final requirement in the AMA’s Accessible Employment Standard is for employers to maintain the privacy of workers’ personal or medical information. In other words, employers, and colleagues who provide assistance during emergencies, must not disclose any personal or medical information they gain while developing or implementing an individualized workplace emergency response plan.
However, Ontario’s mandate for emergency response applies to more organizations than Manitoba’s mandate. Only public-sector and large private-sector organizations in Manitoba must comply with the requirement for accessible workplace emergency response information. In contrast, the Ontario requirement applies to all organizations with one (1) or more workers.