Tuesday, August 27, 2013

Opportunity or penalty? AODA vs. HRC

Is the Accessibility for Ontarians with Disabilities Act (AODA):

· Opportunity focused?

· Penalty focused?

Is the Ontario Human Rights Code (HRC):

· Opportunity focused?

· Penalty focused?

Both laws provide:

· opportunities for persons with disabilities (and others)

· opportunities for employers, landlords and others to avoid penalties

· penalties for non-compliance

The AODA (and regulations) is opportunity focused because this law:

· tell you exactly what is expected of you

· provides opportunities for the involvement of various groups in the development of specific standards

· reverses historical trends of discrimination against persons with disabilities

· gives you a positive opportunity to create a welcoming environment for persons with disabilities

· requires you to accept feedback directly from the public thus creating the opportunity for change

· requires that you regularly report to the government (and the general public) that you have created specific programs, policies and procedures

· allows for government inspection to ensure compliance

· is specific about assistive devices, service animals, support persons and communication style.

· Accomplish their goals via proactive requirements and reporting procedures

· Are proactive

The HRC is penalty focused because this law:

· Tells you what not to do (infringe a person’s rights)

· Sets up a list of infractions

· Allows an individual to file a complaint against you with a quasi-judicial tribunal (a formal, court-like process)

· Does not require a feedback system for public complaints thus denying an opportunity for change

· Does not tell you HOW to avoid discrimination; only that you must

· Does not direct you to create specific programs, policies and procedures

· Does not provide for inspectors to check for compliance

· Is vague and open to wide interpretation

· Accomplishes its goals with the use of penalties

· Is reactive

Your obligations under the AODA and the regulations are extensive–I hope this perspective helps you see your obligations in a positive light!

How do you ensure compliance with the AODA and all it’s standards?

If you are interested in learning more about Accessibility for Ontarians with Disabilities Act (AODA) or how to make accessibility a natural part of your business through the application of Corporate Social Responsibility, please contact Sandra Broekhof @ 416-579-1035 or sandra_broekhof@sympatico.ca or visit www.accessibilitycompliance.ca

Pretty hazards: the accessible built environment

Why should we care?

In the name of providing accessibility, over the years technical requirements have had to be improved because well-intentioned people did not think first about safety and usability. This is why people with disabilities and accessibility consultants need to be part of the consultation process. Knowledge about the needs of people with the widest variety of disabilities is necessary to successfully innovate.

The province of Ontario

We have a massive job ahead of us and the province of Ontario has not released the new accessible built environment standards. In the meanwhile, construction continues, architectural designs need only to meet existing laws, and it will be a long time before we get this right. As a person who laboured on the built environment standard committee. The province gave orders that we were not to discuss retrofitting and of course, with that topic on hold too, an accessible built environment by the year 2025 is not realistic.

Is accessibility too expensive?

Projections undeniably state that companies across Ontario will enjoy significant profits as the province becomes accessible. In the interim, if we proceed to make accessibility a primary goal, many more people will find work. Those who are thinking about short-term profitability are going to realize that by ignoring accessibility they will build structures that few will use or visit.

Ontario facts

· As of July 1, 2011, the population of the province of Ontario is over 13.4 million people

· 39 percent of the population of Canada resides in Ontario

· The average life expectancy of males in Ontario is 79 years of age

· The average life expectancy of females is almost 84 years of age

· 37 percent of the Canadian economy is due to activity in Ontario

The numbers above are from the Ontario Ministry of Finance “Ontario Fact Sheet June 2012.”

How do statistics help us plan for the present and future?

Why the focus on seniors? Everyone ages, and due to the natural aging process, seniors require many of the same or similar amenities as people with disabilities. With nearly one-quarter of Ontario’s population projected to be of senior age by 2036, it becomes obvious that accessibility is good for everyone.

Presently, service providers in Ontario have a consumer base of 13.4 million people. The province has 39 percent of the Canadian population and Ontario generates 37 percent of the Canadian economy. By the year 2036, service providers will provide all aspects of life to 17.7 million people.

Think about how everyone benefits when meeting compliance

When thinking about all the Accessibility for Ontarians with Disabilities Act (AODA) standards, it is important to remember the benefits are not just for people with disabilities. Although the legislation’s focus is people with disabilities, everyone from seniors to pregnant women and parents or guardians of young children will benefit from numerous aspects of the law.

It is cost-effective to move full steam ahead and build everything right the first time. Fixing inevitably costs more. None of us should have to navigate a supposedly accessible route like in this picture. Accessibility is serious business, it is not just serious for people with disabilities; everyone requires safe and usable spaces.

As you prepare your accessibility policies in your organization, you will focus on the needs of people with disabilities. Once you realize the benefits for the general population, you’ll understand the need to do accessibility the right way, the first time. There are sections in the AODA standards that state you will “take into consideration,” or “not practicable.” I am thankful we have a Human Rights Code that does not allow us to reject accessibility requirements.

Just think accessibility all the time. Consider accessibility the default, not simply an option. We need to accept that accessibility is a necessity and we can’t use lower costs as an excuse to avoid buying or building accessible products. When we stop purchasing inaccessible products, service providers will stop selling inaccessible products.

What can you do to ensure your built environment is absolutely accessible?

Friday, August 9, 2013

Saying ‘yes’ to all service animals

For 21 years we have had a provincial law that many people are still not aware of. A service dog should not be such an issue when discussing new rights under the Accessibility Standards for Customer Service. What is new in the standards is that all service animals are allowed on public places unless excluded by another law, usually for health and safety reasons.

Blind persons already have a legal right to pursue their complaints in court and need not wait for businesses and other organizations to comply under the Accessibility for Ontarians with Disabilities Act (AODA). The fines and penalties for non-compliance under the AODA have been explained here. Ms. Nolan can use this avenue to seek compliance, but one complaint does not trigger financial penalties. The AODA requires three complaints against an organization before specific actions are taken. In the interim, educating non-compliant organization is the primary goal. But people who are not blind and require a service animal that is not a dog are likely to meet discrimination, and can complain using the customer service standard as their avenue to seek justice.

If you have learned about the rights of people with disabilities to bring their service animals onto your public premises, then please follow the regulation. A service animal is a necessity and it trumps how we feel. I look forward to people with disabilities feeling more secure in the public domain, and if the animal is necessary due to a disability then I’m happy to say, get out of the house, and meet this kinder, educated public that embraces diversity and your service animals.

How are you accommodating for service animals?

AODA: Protect your organization through documentation

The Accessibility Standards for Customer Service require employers with 20 or more employees to document policies. The Integrated Accessibility Standards Regulation require employers to document policies and multi-year accessibility plans if they have 50 or more employees. So smaller organizations might breathe a sigh of relief knowing that they don’t have to document and keep track of their accessibility policies and plans under the Accessibility for Ontarians with Disabilities Act (AODA).

In the case of documentation exemptions, both the customer service and integrated regulations state the purpose of the exemption is to give small organizations time to comply with the law. However, the wording of the exemptions allows for them to be removed at a later date. Whether you are or are not legally exempt, there are a variety of reasons to prepare and maintain documentation before the compliance dates.

1. Alternative legal reasons to document: This is the priority reason to maintain documentation, even if you are not obliged under the AODA. Remember that the Ontario Human Rights Code trumps the AODA, and if a person lodges a human rights complaint against your organization, documentation will likely be one of your best methods of defense. A paper trail demonstrating good faith is an excellent method to either win a case or reduce penalties.

2. Employment: Since it is clear the Ontario Human Rights Code already compels your organization to deal fairly and without discrimination toward any person, perhaps this section alone should make documentation a priority for all organizations. As an example: The paperwork that the Integrated Accessibility Regulation’s employment standard requires is logical and will be useful in defending your organization’s actions regarding a specific employee with a disability.

3. Promoting a responsible and capable image: Since obligated companies will post their policies on their websites (if they have one), the documentation can be an indicator of responsible practices, organizational success, and also the size/operational capacity of the organization. Transparent and measurable policies are good for business because they demonstrate a caring attitude toward the public.

4. People with disabilities and their companions: When people with disabilities and their entourage are shut out from places in society, they have to choose other places to spend or earn their money. The potentially significant loss of sales should provide enough incentive to organizations to do what they can to accommodate persons with disabilities and their companions.

Consider another example under the employment standard: An obligated organization is required to maintain documented individual accommodation plans for persons with disabilities who require accommodation. Once initiated and maintained, the documentation process outlined in this obligation can help your organization in court, and might even help you avoid the courtroom altogether. Since the individual accommodation plan is transparent and requires employee consultation, if the paperwork is well structured and your organization has acted honourably, this file alone can stop frivolous claims and be useful in court.

Where the AODA is helpful is in the documentation processes that act as a terrific guide to protect your organization, customers and employees. When deciding whether to initiate documentation, consider proper paperwork to be as useful as a security camera. If you are not obligated yet, you do have a choice as to which documents to initiate, and you may just choose the ones that are of concern, like employment.

What are you doing to document compliance with the AODA?