Friday, August 9, 2013

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?
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 

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