The Accessibility Standards for Customer Service require
employers with 20 or more employees to document policies. The Integrated
Accessibility Standards Regulation require employers to document policies and
multi-year accessibility plans if they have 50 or more employees. So smaller
organizations might breathe a sigh of relief knowing that they don’t have to
document and keep track of their accessibility policies and plans under
the Accessibility for Ontarians with Disabilities Act (AODA).
In the case of
documentation exemptions, both the customer service and integrated regulations
state the purpose of the exemption is to give small organizations time to
comply with the law. However, the wording of the exemptions allows for them to
be removed at a later date. Whether you are or are not legally exempt, there
are a variety of reasons to prepare and maintain documentation before the
compliance dates.
1. Alternative legal reasons
to document: This is the priority reason to maintain documentation,
even if you are not obliged under the AODA. Remember that the Ontario Human
Rights Code trumps the AODA, and if a person lodges a human rights
complaint against your organization, documentation will likely be one of your
best methods of defense. A paper trail demonstrating good faith is an excellent
method to either win a case or reduce penalties.
2. Employment: Since it is clear
the Ontario Human Rights Code already compels your
organization to deal fairly and without discrimination toward any person,
perhaps this section alone should make documentation a priority for all
organizations. As an example: The paperwork that the Integrated Accessibility
Regulation’s employment standard requires is logical and will be useful in
defending your organization’s actions regarding a specific employee with a
disability.
3. Promoting a responsible
and capable image: Since obligated companies will post their policies on
their websites (if they have one), the documentation can be an indicator of
responsible practices, organizational success, and also the size/operational
capacity of the organization. Transparent and measurable policies are good for
business because they demonstrate a caring attitude toward the public.
4. People with disabilities
and their companions: When people with disabilities and their entourage are
shut out from places in society, they have to choose other places to spend or
earn their money. The potentially significant loss of sales should provide
enough incentive to organizations to do what they can to accommodate persons
with disabilities and their companions.
Consider another example
under the employment standard: An obligated organization is required to
maintain documented individual accommodation plans for persons with
disabilities who require accommodation. Once initiated and maintained, the
documentation process outlined in this obligation can help your organization in
court, and might even help you avoid the courtroom altogether. Since the
individual accommodation plan is transparent and requires employee
consultation, if the paperwork is well structured and your organization has
acted honourably, this file alone can stop frivolous claims and be useful in
court.
Where the AODA is helpful
is in the documentation processes that act as a terrific guide to protect your
organization, customers and employees. When deciding whether to initiate documentation,
consider proper paperwork to be as useful as a security camera. If you are not
obligated yet, you do have a choice as to which documents to initiate, and you
may just choose the ones that are of concern, like employment.
What are you doing to document compliance with the AODA?
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
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