Managing workplace disabilities under Canada’s laws

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Advocates in the field of disability management offer advice for navigating the rules around Canada’s new Accessibility Standards, and for bringing injured and ill workers back into the company fold

CREATING A barrier-free world for people with disabilities is front and centre in Canada federally and across six provinces so far. Executive director Wolfgang Zimmermann of the National Institute of Disability Management and Research (NIDMAR) advises that the current employment situation for people with disabilities is dire. “Unfortunately, increasing equitable employment participation for persons with disabilities has proven to be a largely unsuccessful challenge. As federal minister Carla

The National Institute of Disability Management and Research (NIDMAR), founded in 1994, is an internationally recognized organization committed to reducing the human, social and economic costs of disability. NIDMAR's primary focus is the promotion of education, professionalization, and program standards, which international research has proven is the most effective way of restoring and maintaining workers' abilities, while reducing the costs of disability for workers, employers, government, and insurance. NIDMAR's success is the result of collaborative initiatives undertaken by leaders in labour, business, government, education, insurance, and rehabilitation. NIDMAR is supported by a broad-based board of directors with senior representatives from across Canada and internationally.

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Critical socioeconomic impacts

An estimated 1.4 million Canadians are individuals with disabilities, unemployed, and living below the poverty line

“Under the new legislation, every organization in Canada will need to have policies and processes in place to meet these new legal obligations”

Wolfgang Zimmermann, NIDMAR

Qualtrough remarked recently, ‘The harsh reality’ is that one in four Canadians with disabilities of working age, 19 to 64, lives below the poverty line." Under the Accessible Canada Act, the federal government is finalizing a framework that will apply to federal organizations across the country. The ultimate goal is to create a barrier-free Canada by 2040, including in the area of employment. With a starting point set for September 2022, in British Columbia under the Accessible B.C. Act, more than 750 public-sector organizations have been charged with creating a barrier-free BC. In Ontario, the Accessibility for Ontarians with Disabilities Act (AODA) establishes compulsory accessibility standards for private- and public-sector organizations, and includes processes for enforcement. Diversity, equity, and inclusion are the guiding principles behind environmental, social, and governance (ESG) criteria, a global initiative that the federal government is working toward making mandatory in the financial sector. The move will eventually affect companies across the board. Zimmermann stresses that “Under the new legislation, every organization in Canada will need to have policies and processes in place to meet these new legal obligations.”

Best practices in disability management (DM) yield positive results According to NIDMAR, 80 percent of all illnesses and injuries occur during an individual’s working life. Increasingly, too, mental health issues – particularly in the wake of COVID – are on the rise, contributing to labour shortages and complicating return-to-work strategies. The United Nations Convention on the Rights of Persons with Disabilities advocates for “reasonable accommodations” and offers a training guide and eight online training modules. Examples of reasonable accommodations can include job

restructuring or changes in assignments, or flexible working hours or breaks. Zimmermann recommends that organizations align themselves with this culture of accommodation. “Employers successfully accommodating their own employees who acquire a mental or physical health impairment is the critical first step toward implementing an effective disability inclusion strategy.” According to NIDMAR’s studies, effective DM programs can reduce disability-related costs by 30 to 50 percent. “Our research has shown that investments in sound disability management and skilled, well-trained employees to lead the process can produce a return on investment of five dollars for every dollar spent,” Zimmermann explains.

The question remains of who is responsible in the workforce for implementing effective disability management to meet the legislation. When responsibility falls under the umbrella of human resources, what kind of specialized knowledge do HR managers need? Vicky Naisby is a disability case management advisor at the BC Liquor Distribution Branch. She is a Certified Disability Management Professional (CDMP). “When I first started, I was interested in disability management, but I didn't have experience in the field. My background was in health and safety, and I was working on the prevention side of things in areas like ergonomics. I thought about how I could leverage my transferable skills to get a job in the field and realized there are lots of jobs that can lead to disability management positions.”

“Our research has shown that investments in sound disability management and skilled, well-trained employees to lead the process can produce a return on investment of five dollars for every dollar spent”

Wolfgang Zimmermann, NIDMAR

Naisby sees certification as an advantage, giving CDMPs an edge. “It’s unique that when jobs in the field open – especially in light of the pandemic – organizations are looking for professionals like us to help their workforce and to transition people back to work.” She adds, “The professional designation really helps you stand out – and people do value the work you do, because, at the end of the day, it helps people and it helps business.” There are flexible paths to gaining the CDMP designation offered through Pacific Coast University for Workplace Health Sciences (PCU-WHS), founded by NIDMAR in 2007. Modules are offered online and are tailored for students who are working part-time or full-time. Shanna Ramm holds both a human resources management certificate and a bachelor’s degree in psychology. An email caught her attention about the opportunity to obtain a Bachelor of Disability Management (BDM) at PCU-WHS. Ramm recalls, “When I started in human resources, I was really drawn to assisting people through the disability process, making sure they had access to the benefits they needed. Then I became very focused on return-to-work.”

management (RTW/DM) expertise to responsive joint policies, practices, and procedures. Zimmermann advises, “Recognizing that these elements don’t currently exist in many workplaces, and in support of accessibility legislation requirements, both the federal government and the government of British Columbia have provided financial support to NIDMAR, granting workplaces access to free high-quality education through PCU-WHS, as well as a best practice assessment of their current RTW/DM programs – again, at no cost.” NIDMAR is offering employers the opportunity to have their current workplace disability management practices assessed by an expert in the field, free of charge. The assessments can help employers establish benchmarks, identify gaps in their existing programs, and create a plan for future improvements. As a second step in BC, employers can apply for a subsidy of up to $7,500 to address issues identified in the assessment. Funding for NIDMAR to conduct the assessments is provided under the federal government’s Sectoral Initiatives Program in provinces outside of British Columbia and in BC by a provincial Workforce Development Agreements grant. “Effective accommodation support through workplaces is pivotal in breaking the often-vicious cycle of disability-unemployment-poverty,” Zimmermann concludes.

Source: NIDMAR Fact Sheet

Reduced employee productivity imposes enormous costs

Source: NIDMAR Fact Sheet

500,000 employed Canadians every week are unable to work due to mental health problems. The economic burden

She completed the BDM degree program online while working full-time and raising her family. During that time, she took classes covering wide-ranging topics, from mental health to human rights. “There were two classes on case management that I found incredibly helpful in refining how I take my notes, and how I communicate with someone going through probably the most stressful time in their life.” When she was part-way into the BDM program, she was promoted to senior disability and wellness specialist. Support to assess, improve, or develop a DM program Successfully accommodating workers with mental or physical health impairments in the workplace requires several key elements, ranging from return-to-work/disability

of mental illness in Canada

equals $5.1 billion every year

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