AODA: The Employment Standard

Last week I began to talk about some of the components of the Integrated Accessibility Standard.  The Employment Standard requires an organization to be proactive in the identification, removal and prevention of barriers hindering the full participation in employment of persons with disabilities. It also requires that organizations have policies and procedures for establishing individual accommodation plans where barriers cannot be removed proactively, shifting the onus from the individual who needs the accommodation to the person who provides it.

Accessible formats and communication supports for employees

In addition to the above obligations, where an employee with a disability so requests it, every employer must consult with the employee to provide or arrange for the provision of accessible formats and communication supports for:

a) Information that is needed in order to perform the employee’s job; and
b) Information that is generally available to employees in the workplace.
The consultation determines the suitability of an accessible format or communication support, but the final determination as to which accessible format or communication support will be used rests with the employer.

Documented individual accommodation plans

Employers, except employers of small organizations, must develop and have in place a written process for the development of documented individual accommodation plans for employees with disabilities.
The process for the plans includes the following elements:

• The manner in which an employee requesting accommodation can participate in the development of the individual accommodation plan
• The means by which the employee is assessed on an individual basis
• The manner in which the employer can request an evaluation by an outside medical or other expert, at the employer’s expense, to determine if and how accommodation can be achieved
• The manner in which the employee can request the participation of a representative from their bargaining agent, where the employee is represented by a bargaining agent, or other representative from the workplace, where the employee is not represented by a bargaining agent, in the development of the accommodation plan
• The steps taken to protect the privacy of the employee’s personal information
• The frequency with which the individual accommodation plan will be reviewed and updated and the manner in which it will be done
• If an individual accommodation plan is denied, the manner in which the reasons for the denial will be provided to the employee
• The means of providing the individual accommodation plan in a format that takes into account the employee’s accessibility needs due to disability
• Individual accommodation plans must:
• If requested, include any information regarding accessible formats and communications supports provided
• If required, include individualized workplace emergency response information, and
• Identify any other accommodation that is to be provided

Obligated organizations will be required to provide employees with a copy of their individual accommodation plan.

How is your organization being proactive with the Employment Standard of the Integrated Accessibility Standard?

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