Principles of Accessibility: May 2015

Monday, May 25, 2015

Integrated Accessibility 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 and have not begun planning for compliance with the Integrated Accessibility Standard. I thought I would review each of the questions to help you ensure you are in compliance. I am discussing the requirements for the Integrated Accessibility Standard. Please let me know how far in compliance you are.

Employment Standard

Documented individual accommodation plans

28. (1) Employers, other than employers that are small organizations, shall develop and have in place a written process for the development of documented individual accommodation plans for employees with disabilities.

(2) The process for the development of documented individual accommodation plans shall include the following elements:

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.

(3) Individual accommodation plans shall,

(a) if requested, include any information regarding accessible formats and communications supports provided, as described in section 26;

(b) if required, include individualized workplace emergency response information, as described in section 27; and

DOCUMENTED INDIVIDUAL ACCOMMODATION PLANS

Employers (other than employers that are small not-for-profit or private sector organizations) shall develop and establish a written process for the development of individual accommodation plans for employees with disabilities. The Integrated Standard sets out elements that must be included in such individual accommodation plans, such as the means by which the employee is assessed, the steps taken to protect the privacy of the employees information, and the manner by which an employer can request an evaluation by an outside medical or other expert at the employer’s expense.

RETURN TO WORK PROCESS

Most organizations will need to develop, implement and document a return to work process for employees who have been absent from work due to a disability and who require disability-related accommodations in order to return to work. The return to work process shall outline the steps the employer will take to facilitate the return to work and must include an individual documented accommodation plan. This return to work process does not replace or override any other return to work process created by or under any other statute (e.g. the Workplace Safety and Insurance Act, 1997).

PERFORMANCE MANAGEMENT, CAREER DEVELOPMENT AND ADVANCEMENT, AND REDEPLOYMENT

Employers who:

conduct performance management,

provide career development and advancement to employees, or

engage in employee redeployment,

must take into account the accessibility needs of disabled employees, as well as individual accommodation plans.

I believe that this is necessary for some but a benefit for all. Can you think of ways this may help you access information about employment?

Is there anything else that could be done to ensure that a compliance with this requirement?

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

Monday, May 18, 2015

Integrated Accessibility Standard

Employment Standard

Recruitment, assessment or selection process

23. (2) If a selected applicant requests an accommodation, the employer shall consult with the applicant and provide or arrange for the provision of a suitable accommodation in a manner that takes into account the applicant’s accessibility needs due to disability.

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

NOTICE TO SUCCESSFUL APPLICANTS

When making offers of employment, all employers must notify the successful applicant of their policies for accommodating persons with disabilities.

INFORMING EMPLOYEES OF SUPPORTS

Employers will be required to inform their employees of its policies, as well as the updates to such policies, to support employees with disabilities, including information regarding job accommodations that take into account an employee’s accessibility needs due to disability. New employees are to receive this information as soon as practicable after they commence employment.

I believe that this is necessary for some but a benefit for all. Can you think of ways this may help you access information about employment?

Monday, May 11, 2015

Integrated Accessibility Standard

Employment Standard

Recruitment, assessment or selection process

23. (1) During a recruitment process, an employer shall notify job applicants, when they are individually selected to participate in an assessment or selection process, that accommodations are available upon request in relation to the materials or processes to be used.

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

All employers will be required to notify their employees and the public about the availability of accommodation for applicants with disabilities in their recruitment process.

Upon being chosen to participate in an assessment or selection process, employers must notify job applicants that accommodations are available upon request in relation to the materials or processes to be used. If a selected applicant requests an accommodation, employers must then consult with the applicant and provide or arrange for the provision of suitable accommodation that takes into account the applicant’s accessibility needs due to disability.

I believe that this is necessary for some but a benefit for all. Can you think of ways this may help you access information about employment?

Monday, May 4, 2015

Integrated Accessibility Standard

Employment Standard

Scope and interpretation

20. (1) The standards set out in this Part apply to obligated organizations that are employers and,

(a) apply in respect of employees; and

(b) do not apply in respect of volunteers and other non-paid individuals.

(2) In this Part, a reference to an employer is a reference to an obligated organization as an employer unless the context determines otherwise.

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

The employment accessibility standards apply only with respect to the employment of individuals. They do not apply to the engagement of volunteers and other “non-paid” individuals. It is interesting to note that “employee” is not a defined term in the Final Regulation, so it remains to be seen how broadly it will be interpreted, and whether it will apply to dependent or independent contractors, or to employee-like relationships (e.g. office holders).

In general (and subject to a few exceptions), the compliance timeframes for the employment accessibility standards are:

January 1, 2014 – large designated public sector organizations;

January 1, 2015 – small designated public sector organizations;

January 1, 2016 – large private and not-for-profit organizations; and

January 1, 2017 – small private and not-for-profit organizations.

I believe that this is necessary for some but a benefit for all. Can you think of ways this may help you access information about employment?