Small employers are not complying with Ontario’s new accessibility and employment laws

According to an AODA Alliance news release and a November 18, 2013, Toronto Star article, (published previously on this blog) the Ontario government knows fully that 70 percent of Ontario private sector organizations with at least 20 employees have not complied with the Accessibility for Ontarians with Disabilities Act’s (AODA) reporting requirements. Reports were due December 31, 2012.

This is not surprising because in my experience, most small businesses are simply not aware of the law. It is not a pressing issue for small businesses on a day-to-day basis. In fact, I suspect very few small businesses are ever asked to accommodate a person with a disability. And those that have been asked have done so in an informal low/no cost way without reference to any particular law.

Small employers do not comply with other employment laws as well.

As of July 1, 2014, all employers must provide mandatory health and safety awareness training to almost all employees under the Occupational Health and Safety Act.  Another example, most salaried employees who work more than 44 hours a week are entitled to receive overtime pay for all weekly hours in excess of 44 under the Employment Standards Act (ESA).

Similarly, employers with more than 20 employees are required to establish a joint health and safety committee under the Occupational Health & Safety Act (OHSA) and the worker and management representatives must receive certain training and carry out numerous duties. Many such employers do not comply with this statutory requirement.

The reason for this high rate of non-compliance is because small employers simply do not know all of their statutory obligations.

The AODA, the ESA, the OHSA, and the Pay Equity Act (and their many regulations) are only four of many employment laws that apply to Ontario workplaces. The Ontario government regularly amends these laws.

The Ontario government will initially try to increase employer awareness of new employment laws through public education and workplace audits. Enforcement will come later, if at all.

The Ontario government has a small number of inspectors to enforce employment laws. Unless an employee complains or an employer is audited, most statutory violations will not be identified or remedied.

The Ontario government needs to decide whether all of these new laws need to apply to small business. For example, is the AODA really needed when we already have the Ontario Human Rights Code? Is mandatory health and safety awareness training needed when an employer already has training obligations under OHSA?

In a perfect world, small employers would have the time to keep up to date on new laws and have the resources to comply with these laws. They don’t.

The choice is clear: As a law-abiding society, do we pass laws that are widely known, accepted and enforced, or do we keep introducing new laws that we know will not be known, followed, or enforced?

How far are you with complying with the Customer Service and Integrated Accessibility 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

What are Accommodations?

I recently had to ask for accommodations at work.  They were little bits changes are known as  accommodations to ensure that the workplace suits the needs of employees. Accommodations are often a topic of conversation when it comes to recruiting people with disabilities.  In fact, it is one of the main barriers they face when they have the desire to enter the workforce.

Abilities in Mind: Beyond the Myths

According to the Accessibility for Ontarians with Disabilities Act (2005), people with disabilities are significantly underrepresented in the workforce compared to those without disabilities. It may be because of the many myths that have been around for years relating to employment and people with disabilities, such as the need to retrofit an office to ensure accessibility. Because of the myths and perceptions of employing people with disabilities in the workforce, the Employment Standard of the Integrated Accessibility Standard was created. 

There are many negative perceptions and attitudes towards people with disabilities and this is a key barrier to finding work. Disability is a big and complex category which affects each person differently. One individual may use a one-handed keyboard because one side of their body is paralyzed; another may need the assistance of a ‘to-do’ list because they have short term memory loss. People with disabilities are often unfairly stereotyped and can be the recipients of negative assumptions such as requiring extra training for the job or being unable to perform job duties successfully. They can also be mistakenly viewed as objects of pity or deserving charity.

Exposure, Awareness and Education

To this day, there is a level of fear when discussing the ‘elephant in the room’ and being around people with disabilities. Many people don’t know how to talk about it openly and candidly, preferring to look at disabilities as limitations and something to fear. It is the fear of the unknown.  Unless, employers have a personal connection or story with people with disabilities, they are often left with their social influences or media portrayals, which can support false assumptions.

Embracing Ability

The shifting perception of disability in the workforce will be highlighted by the targets of the Integrated Accessibility Standard.  This approach not all discusses accommodations but also the barriers in the hiring, acquiring and retaining of employers.  . It will bring together forward-thinking employers, innovative service providers and dynamic individuals with disabilities to focus on best practices for the inclusion of persons with disabilities in the workforce.

What accommodations are present in your work/life place?  Some are not visible!! 

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

The duty to accommodate

Even when facilities and services are designed as inclusively as possible, you may still need to accommodate the individual needs of some people with disabilities. Under the Ontario Human Rights Code, unions, landlords and service providers have a legal “duty to accommodate” persons with disabilities. The goal of accommodation is to allow people with disabilities to equally benefit from and take part in services, housing or the workplace.

Accommodation is a shared responsibility. Everyone involved, including the person asking for accommodation, should work together, exchange relevant information, and look for accommodation solutions together.

There is no set formula for accommodating people with disabilities. Even though some accommodations can benefit many people, you still need to consider individual needs each time a person asks to be accommodated. A solution for one person may not work for someone else.

Some examples of accommodations include:

·       Increased flexibility in work hours or break times

·       Providing reading materials in alternative formats including digitized text, Braille or large print

·       Providing sign language interpreters or real time captioning for persons who are deaf, deafened or hard of hearing so they can take part in meetings

·       Putting in automatic entry doors and making washrooms accessible in the workplace or the common areas of a condominium

·       In some cases, changing job duties, retraining or assigning a person to another job.

Many accommodations can be made easily, and at low cost. In some cases, putting the best solution in place right away may result in “undue hardship” because of costs or health and safety factors. Even if this happens, you still have a duty to look at and take next-best steps that would not result in undue hardship. Such steps should be taken only until more ideal solutions can be put in place or phased in.

Accommodation responsibilities

As a person with a disability:

·       Tell your employer, union, landlord or service provider what your disability-related needs are related to your job duties, tenancy or the services being provided

·       Provide supporting information about your disability-related needs, including medical or other expert opinions where needed

·       Take part in looking at possible accommodation solutions.

As an employer, union, landlord or service provider:

·       Accept requests for accommodation from employees, tenants, and clients in good faith

·       Ask only for information that you need to provide the accommodation. For example, you would need to know that an employee’s loss of vision prevents them from using printed material, but you do not need to know they have diabetes

·       Take an active role in looking at accommodation solutions that meet individual needs

·       Deal with accommodation requests as quickly as possible, even if it means creating a temporary solution while you develop a long-term one

·       Respect the dignity of the person asking for accommodation, and keep information confidential

·       Cover the costs of accommodations, including any needed medical or other expert opinion or documents.

What accommodations are present in your work/life place?  Some are not visible!! 

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