Proposed changes to the AODA customer service standard

The Accessibility for Ontarians with Disabilities Act was implemented in 2005.  The first standard to be released shortly after was the Customer Service Standard was implements.  Last year, proposed changes to the Customer Service Standard under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), were made available for public comment

Definition of obligated organizations

Under the Customer Service Standard, private sector employers with under 20 employees are subject to lesser requirements. Most notably, these employers do not need to prepare their policies in writing and do not need to file an Accessibility Report. Under the Integrated Accessibility Standard, the threshold for a small organization is under 50 employees, and this applies to both the public sector and the private sector. Small organizations under the Integrated Accessibility Regulation are also subject to different timelines and in some instances lesser requirements.

The proposed changes seek to adopt the definitions in the Integrated Accessibility Standard, which means that the threshold for a small organization under the Customer Service Standard would be one with under 50 employees. In our view, harmonizing the definitions of various obligated organizations between the two Accessibility Regulations makes sense, as it provides consistency between the two regulations.

Service animals

The proposed changes seek to clarify the service animal provisions of the Customer Service Standard. Currently, an animal is considered a “service animal” where it is readily apparent that the animal is used by a person for reasons related to his or her disability. If it is not readily apparent, the person may be required to provide a letter from a physician or a nurse confirming that the animal is required for reasons related to disability.

Support persons

Currently under the Customer Service Standard, an organization may require a person with a disability to be accompanied by a support person where it is necessary to protect the health and safety of the person with a disability or others on the premises. The final proposed changes seek to clarify when an organization may require a support person for health and safety reasons. It adds the requirement to consult with the person with a disability, and that a support person can only be required where it is the only means of allowing the person to be on the premises while fulfilling the organization’s health and safety obligations. These more stringent requirements have been added to avoid organizations acting on assumptions about when a person with a disability may need a support person.

Training for staff

The Customer Service Standard requires that organizations ensure that training has been provided to all persons who deal with members of the public or other third parties on the organization’s behalf (which includes employees, volunteers and contractors), and all persons who participate in the development of the organization’s policies. This means that employees and volunteers who do not deal with members of the public or other third parties do not need to be trained. The final proposed changes will require all employees and volunteers to be trained, regardless whether they deal with customers or other third parties.

Do you know how far toward compliance your company is?

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