Provincially regulated workplaces required to provide free menstrual products

New regulations came into force Tuesday requiring all provincially regulated workplaces in Manitoba to provide free menstrual products to employees.

The amendments to the Workplace Safety and Health Regulation were published March 9 but didn’t take effect until Sept. 1 to give employers six months to purchase supplies, and where needed, dispensers and disposal containers.

Labour Minister Malaya Marcelino said Tuesday that rather than push back, employers have asked for more information.

“The only concern I heard was that people don’t know about it and that we need to spread the word in a better way. That was the only issue,” Marcelino said in an interview.

Answers to frequently asked questions is now available online for unions, businesses and others, she said. It makes clear that an employer is not required to provide menstrual products to non-staffers such as clients or the general public.

Provincially regulated workplaces — which include most Manitoba businesses and job sites — are to provide employees with “clean and hygienic tampons and menstrual pads” at no charge, as well as a covered disposal container near each toilet.

The regulations state that “if it is not reasonably practicable to supply menstrual products in each toilet facility, the employer must supply menstrual products at another location at the workplace that is accessible by workers at all times and offers a reasonable amount of privacy.”

At least one choice of tampon and one choice of pad must be provided. Employers can choose to offer multiple types or sizes of products, but that is not required.

The Canadian Federation of Independent Business says its Manitoba members had mixed reactions when surveyed last year about the proposed regulations. Many raised concerns about rising expenses and increasing regulatory pressure, Robin Bezte, senior policy analyst for the Prairies, said in an email Tuesday.

“Some members have continued to express operational concerns this year. Small businesses support their staff, and some were already providing menstrual products but are worried about the growing number of obligations placed on small employers by the government.”

Bezte said the federation is monitoring member feedback as the regulation takes effect.

The president of the Manitoba Federation of Labour said it’s not too much to ask of employers.

“This is about dignity and equity in the workplace. Workers deserve it,” Kevin Rebeck said Tuesday. “It’s a very minimal cost for employers. And I really don’t think average employers think this is a big deal either.”

He said it’s estimated to cost $10 per year per employee to use the free period products.

The Workplace Safety and Health Act requires employers to do “all that is reasonable and practicable to protect the safety, health and welfare of workers.”

An employer who refuses to provide menstrual products in the workplace faces fines of up to $5,000.

“Usually, what we do is take an education approach when there’s new requirements,” Marcelino said.

If an employer isn’t making the products available, a worker should first raise the issue with their supervisor. If it’s not resolved, they can raise it with their workplace safety and health committee or report it to the Workplace Safety and Health Branch. They can also file an anonymous tip or complaint.

“It’s just going to be enforced the way we normally enforce things — through workplace safety and health, through complaints basis and through just the different investigations that we have in the drop-in visits,” the minister said.

Being the first province in Canada requiring private sector employers to provide period products shows the government’s priorities, Marcelino said.

“I think, in general, women’s health needs are always kind of on the back burner compared to other things. But not here in Manitoba — we’re prioritizing women’s health,” she said.

The City of Winnipeg began providing free menstrual products four years ago at nine civic buildings, including the Millennium Library, Turtle Island Neighbourhood Centre and Amoowigamig public washroom at 715 Main St. “to reduce stigma and barriers around menstruation,” the city’s Pam McKenzie said in an email.

It is now providing free pads and tampons in all employee washrooms in city workplaces, she said. The provincial government provided answers to frequently asked questions about the new requirements here.

carol.sanders@freepress.mb.ca