Principles of Accessibility: January 2014

Monday, January 27, 2014

What do you need to know for January 1, 2014?

Private sector

There are upcoming obligations for large private sector organizations. Small private sector organizations do not have any upcoming compliance obligations for January 1, 2014.
Upcoming requirements for large private sector organizations:

Accessibility Policy: Organizations must create an Accessibility Policy pertaining to their obligations under the Integrated Accessibility Standard. This policy is in addition to the Customer Service Standard Policy, as that policy only addressed the requirements under the Customer Service Standard.
Accessibility Plan: Organizations must craft an Accessibility Plan which outlines how they intend to meet the requirements under the Integrated Accessibility Standard. The plan must be reviewed every 5 years. Since the compliance deadlines for the requirements under this standard are staggered, this is a useful tool to keep your organization on track.
Self-Serve Kiosks: Organizations that have self-serve kiosks must have regard for accessibility features when designing, procuring or acquiring any self-serve kiosks. Organizations are not required to replace existing kiosks. This requirement only applies where new kiosks are being .procured or acquired.
Web Accessibility: Organizations launching a new website or are making changes to an existing website must meet the accessibility criteria in the WCAG 2.0 Level A (please click here to access the WCAG). With respect to existing websites, this applies where the existing website is undergoing a “significant refresh”. Unfortunately this term is not defined in the legislation. Organizations should seek legal advice if they are making any website changes in the coming year in order to determine whether they must be compliant. From a customer service standpoint, a more accessible website will open up your organization to a wider audience and should be encouraged even if this requirement does not yet apply. By January 1, 2021, all websites and web content, regardless of whether it is new, must be compliant with the WCAG 2.0 Level AA (except for success criteria 1.2.4 pertaining to live captioning and success criteria 1.2.5 pertaining to pre-recorded audio descriptions).

Is your organization compliant with all requirements? ?

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

Wednesday, January 1, 2014

Light at the End of the Accommodation Tunnel?

The Integrated Accessibility Standard of the Accessibility for Ontarians with Disabilities Act seeks to include more people with disabilities in the workplace. Most of us are comfortable with the concept of an “accessible workplace”. Let’s expand on the duty to Accommodate .

The Duty to Accommodate can be a significant burden to employers who are trying to balance often competing business and employee interests. The Employment Standard states that Employers much

Develop a process of documenting individual accommodation plans. These plans have to include:

1. The manner in which an employee requesting accommodation can participate in the development of the individual accommodation plan.

2. The means by which the employee is assessed on an individual basis.

3. The manner in which the employer can request an evaluation by an outside medical or other expert, at the employer’s expense, to assist the employer in determining if accommodation can be achieved and, if so, how accommodation can be achieved.

4. 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.

5. The steps taken to protect the privacy of the employee’s personal information.

6. The frequency with which the individual accommodation plan will be reviewed and updated and the manner in which it will be done.

7. If an individual accommodation plan is denied, the manner in which the reasons for the denial will be provided to the employee.

8. The means of providing the individual accommodation plan in a format that takes into account the employee’s accessibility needs due to disability.

Tips for Employers

This standard provides some guidance for employers dealing with medical accommodation issues:

· First, if an employee raises a medical justification for poor performance, meet with the employee and discuss how the condition may be a factory and explore what might be done to accommodate the position.

· Second, ask the employee for medical confirmation about the limitation or disability (this was not done in the above case).

· Third, try to maintain the employee’s eligibility for medical benefits in any accommodate position.

· Fourth, create a paper trail regarding any accommodation, and obtain the employee’s agreement in writing with respect to any modified arrangement.

What does an accommodation look like in your workplace? ?

How Accessible is Your Workplace…Really?

Inclusion
Great strides have been taken toward the physical inclusion of persons with disabilities, particularly those with mobility challenges who are wheelchair users in the work environment. New buildings are subject to stringent accessibility requirements and older, existing locations are being retro-fitted and renovated to ensure equal access for all. This is where most of the current focus on accessibility is placed.

Other areas of accessibility are yet to be fully developed. The idea of accessible job applications, interviews and job descriptions should be the next logical step in the evolution of accessibility. 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.

Overlooked Aspects of Accessibility
An IT specialist with quadriplegia was asked in a job interview about her typing speed. She explained that although she does not have full use of her hands she has an accommodation for this – a pair of wrist clips that enable her to type 25 words per minute. The job called for a minimum of 60 and she was not considered to be a qualified candidate. Unfortunately the interviewer did not take into account her aptitude for learning, experience with software and equally important, her ability to adapt to situations. Thankfully, another employer did and she is now working in the field again.

The Integrated Accessibility Standard states Employers must focus on disability-related issues through the recruitment and hiring stages of the employment relationship.
This means employers would have to notify employees and the public about the availability of accommodation for applicants with disabilities in their recruitment, selection and hiring processes.

Trading Tradition For Talent
One hurdle we have not yet come to terms with is the traditional face-to-face job interview. This can be a difficult aspect of the job hunt for individuals owing to a disability. In typical hiring practice, the determination of job fit hinges greatly on one’s ability to “perform” in an interview situation.

To individuals with speech, sight and hearing challenges, as well as those with heightened anxiety or cognitive processing challenges, the traditional interview presents all too often as a “no-win” situation. Some employers offer interpretation services or extra time to answer questions which are good steps. Unfortunately, the charismatic candidate who can think on the spot will often get the job even though the position may not require these traits specifically.

Employers need to make sure that applicants with disabilities can find and compete for jobs just like everyone else. To do that, employers need to make sure that their entire recruitment process ― advertising, application, selection and interviewing — is accessible to ensure that people with disabilities are treated the same as every other applicant. In addition, employees who become disabled during employment must be able to retain their jobs, if they can still perform the essential duties of the job.

Mindsets Need Moving
All of these challenging situations point to one unfortunate conclusion: disability is not well accounted for in many workplaces. I still meet with employers who claim that “nobody with a disability works here”. This is a reflection of the misunderstanding of disability and the continuation of the stereotype that persons with disabilities are a small minority group who traditionally don’t work and need charity. Needless to say comments like these do not promote existing employees to disclose a disability they may have.

To meet their obligations under the law, employers will have to develop an organizational accessible employment policy statement. Employers will also be required to develop, adopt, document and maintain policies that support the implementation of the commitments in the policy statement, including:

· Prevention, identification and removal of barriers throughout the entire employment cycle

· Inclusive design of employment systems and processes

· Support of persons with disabilities from recruitment through hiring

· Individual accommodation plans

· Respect for privacy of information related to accommodation

· Provision of information in accessible formats and methods

· Provision of disability awareness training to employees

What does an accessible workplace look like to you? ?

Making emergency information accessible to the public

Public safety information can help keep people safe when an emergency happens. Ontario’s

Accessibility Standard for Information and Communications can help you do that by making your

emergency and public safety information accessible to people with disabilities.

Does this apply to my organization?

It applies to you if you answer ‘yes’ to both of these questions:

• Do you have emergency procedures, plans or public safety information?

• Do you make them available to the public?

What is emergency and public safety information?

There are many types of emergency and public safety information, for example:

• Emergency plans and procedures, such as tour boat instructions on how to use a lifejacket

• Maps, warning signs and evacuation routes, such as a “Warning: High Voltage” sign or a

map pointing out emergency exits

• Information you give the public about alarms or other emergency alerts, such as a

brochure explaining how a hotel fire alarm works

What do I have to do?

• Upon request, make your emergency and public safety information accessible to people

with disabilities.

• Work with the person requesting the information to figure out how you can meet their

needs, as soon as possible.

You don’t have to have accessible formats on hand and you don’t have to create new emergency

or public safety information. Real-time emergency information (such as announcements and

alarms) isn’t included in the standard. You only have to make information that is available to the

public accessible, upon request.

How do I do it?

1. Assess your information

Focus on things you create before an emergency strikes, like evacuation plans, brochures

or signs. Is there anything that would make it hard for someone with a disability to read,

see, hear or understand?

2. Make it accessible upon request

The law doesn’t tell you what formats to use; it’s flexible so you can work with the public

to figure out what they need.

You can make a document accessible by recreating it in a different format; for example,

printing it in large print for someone with vision loss. But you can also make information

accessible by helping someone to use the original document or resource; for example,

by reading it aloud.

3. Provide it as soon as possible

In some cases, you may be able to make the information accessible instantly. In other

cases, it may take longer – it depends on the individual’s needs, the format and your

organization’s resources.

AODA—Preparing Your Business For Upcoming Compliance

Accessibility law in Ontario is changing. The government is moving forward with the implementation of these new Integrated Accessibility Standards under the AODA at a time when many employers are still addressing the requirements of the AODA’s customer service standards. Organizations are advised to take a pro-active approach to compliance, in order to ensure that they are acting in accordance with the AODA. The Accessibility for Ontarians with Disabilities Act, 2005, (AODA) requires phased-in compliance by public and private organizations.

Deadlines for compliance with the standards vary depending on the nature and size of an organization. Thus, it is important employers ensure that they have complied with current requirements and are preparing to meet the upcoming additional requirements under the standards.

Current compliance requirements

Since January 1, 2012, private sector organizations in Ontario are expected to be in compliance with the Customer Service Standard. Organizations with more than 20 employees are required to file an accessibility compliance report online. You already know that to provide accessible customer service, organizations need to:

o Create and put in place an accessibility plan that:

• Considers a person’s disability when communicating with them

• Allows assistive devices in your workplace, like wheelchairs, walkers and oxygen tanks

• Allows service animals

• Welcomes support persons

• Lets customers know when accessible services aren’t available

• Invites customers to provide feedback

o Train staff on accessible customer service

o Put their plan in writing

• Let customers know how to find their plan (eg., on their website)

• Offer their plan in accessible formats, like large print, if requested

o Report their progress online

In addition, as of January 1, 2012, under the Employment Standard, employers are required to provide individualized workplace emergency response information to employees who have a disability where the disability will require such a measure.

Upcoming compliance requirements

With the deadline looming, it is time to start thinking about preparing to meet additional general requirements under the Integrated Standards. Large organizations will need to implement the latest requirements as of January 1, 2014. A large organization is a private sector organization with 50 or more employees in Ontario. Small organizations, which are defined as non-public sector organizations with fewer than 50 employees in Ontario, will have until January 1, 2015, to meet the requirements.

Organizations are required to:

Establish accessibility policies, which state how the organization achieves or will achieve accessibility and include a statement of organizational commitment;
Establish and implement multi-year accessibility plans (does not apply to small organizations), which set out the organization's strategy for removing barriers to accessibility and for meeting its obligations under the AODA.

In addition, large organizations will be required to make any new Internet websites and web content accessible. New websites and content must conform with WCAG 2.0 Level A by January 1, 2014. WCAG 2.0 sets out guidelines for organizations to follow to make their websites more accessible. There are three levels of accessibility and further levels of accessibility will be required in the future.

Conclusion

Compliance with the AODA and the various applicable standards is mandatory and failure to comply may lead to fines. Moreover, compliance with the obligations under AODA can be relevant to other matters arising in the human rights sphere and Corporate Social Responsibility.

How far along are you prepared for compliance?