Accessibility report on the customer service standard

Within in the disability community, there is a large discussion around how many organizations are not in compliance with the AODA customer service standard.  I thought I would review each of the questions to help you ensure you are in compliance.  Here is the beginning.  Please let me know how far in compliance you are.

Question two:   Does your organization’s policies address the use of assistive devices by people with disabilities to access your organization’s goods or services, or any available alternative measures that enable them to do so?

What does it look like for you to check yes to this question??

The best way to address this question is to ensure that your company/organization’s Accessible Customer Service Policy speaks to the use of assistive devices.  The policy could also include requirements for alternate measures as needed.  Individual policies and procedures would need to address the use of assistive devices and have a requirement for alternate measures as needed. 

Is there anything else that could be done to ensure that a company can check YES to this second question. 

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

Accessibility report on the customer service standard

Within in the disability community, there is a large discussion around how many organizations are not in compliance with the AODA customer service standard.  I thought I would review each of the questions to help you ensure you are in compliance.  Here is the beginning.  Please let me know how far in compliance you are.

Question one:   Does your organization have policies, practices and procedures on providing goods or services to people with disabilities?

What does it look like for you to check yes to this question??

The first thing to do is develop an Accessible Customer Service Policy.  This would cover all principles of the Accessibility for Ontarians with Disabilities Act (AODA) including independence, dignity, integration and equality of opportunity. 

This policy needs to put in a place the public can get access to it --- for example the company website. 

The company also link the policy to other policies on Customer Service.  This would ensure that accessibility is a part of your everyday business.

This first step is important as it sets the company’s tone for the remainder requirements and allows for a plan to be in place for continued compliance. 

Is there anything else that could be done to ensure that a company can check YES to this first question. 

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 is the next step in AODA compliance? The Employment Standard

The AODA Employment Standard deadlines are not as far away as they may seem. The Employment Standard is one of five accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005. It outlines accessibility requirements employers must meet throughout the employment life-cycle.

Since January 1, 2012, all employers in Ontario have had to prepare individualized workplace emergency response information for employees with disabilities. Large public sector employers have had to be compliant with the remaining requirements under the Employment Standard since January 1st of this year.

All private sector employers and small public sector employers have upcoming obligations. The next phase of Employment Standard compliance may require significant reform to policies and procedures. It is advisable that employers plan ahead. The deadlines for compliance are as follows:

·       Small public sector (fewer than 50 employees): January 1, 2015

·       Large private sector (50 employees or more): January 1, 2016

·       Small private sector (fewer than 50 employees): January 1, 2017

The AODA Employment Standard includes requirements at every stage of the employment relationship including recruitment, return to work, performance management, career development and redeployment.

One area where the Employment Standard outlines more comprehensive requirements is with respect to documented individual accommodation plans. Employers are required to create a process for the development of individualized accommodation plans for employees with disabilities. The process must address a variety of issues including the manner in which the employee may participate in the development of the individualized accommodation plan, when an employer may request an independent medical examination, and steps that will be taken to protect the employee’s privacy. Small private sector employers are exempt from this requirement. However, it is a best practice to comply, as having a formal procedure in place will be an asset for employers when accommodation needs arise in the workplace.

How far along to compliance is your organization?

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

Accommodating injured workers vs. accommodating disabled employees

Under the Workplace Safety & Insurance Act (WSIA), an employer who employs 20 or more employees generally has a duty to re-employ an injured worker who has at least one year continuous service. And under the Ontario Human Rights Code, an employer has a duty to accommodate an employee with a disability.

The duty to re-employ is however different than the duty to accommodate.

In particular, section 41 of the WSIA provides that if a worker is medically able to perform the essential duties of her pre-injury employment, then the employer shall, among other things, offer to re-employ the worker in the position that the worker held on the date of injury. If however the worker cannot perform the essential duties of her pre-injury employment then the employer must offer the worker the first opportunity to accept suitable employment that may become available with the employer.

This can be contrasted to section 17 of the Ontario Human Rights Code which provides that an employer can discriminate against a disabled employee if she is incapable of performing or fulfilling her essential job duties. This defence is not available however unless the employer can prove that the person cannot be accommodated without undue hardship.

There is a new complication - there are employees who claim they cannot work because of mental stress that is caused by the workplace. The WSIB does not approve claims for mental stress unless it is caused by an acute reaction to a sudden and unexpected traumatic event arising out of and in the course of his or her employment.

The Workers Compensation Appeals Tribunal is however expanding the number of mental stress claims that fall within the “sudden and unexpected traumatic event” exception. If this trend continues then more and more employers will be obliged to re-employ mentally stressed employees to suitable positions (as opposed requiring these employees to prove they can perform the essential job duties of the pre-injury position).

If a supervisor is causing the mental stress then these workers will no doubt be seeking suitable employment in another department.

This trend will result in an earlier return to work for mentally stressed employees. It will also place an increased burden on organizations who employ 20 or more employees to find suitable work for mentally stressed employees.

How is the duty to accommodate and the duty to re-employ used in your organization?

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