AODA: The Employment Standard

Last week I began to talk about some of the components of the Integrated Accessibility Standard.  The Employment Standard requires an organization to be proactive in the identification, removal and prevention of barriers hindering the full participation in employment of persons with disabilities. It also requires that organizations have policies and procedures for establishing individual accommodation plans where barriers cannot be removed proactively, shifting the onus from the individual who needs the accommodation to the person who provides it.
Return-to-work process
Every employer, other than an employer that is a small organization, must develop and have in place a return-to-work process for its employees who have been absent from work due to a disability and require disability-related accommodations in order to return to work. They must also document the available process.
The return-to-work process must outline the steps the employer will take to facilitate the return to work of employees who were absent because their disability required them to be away from work; and use individual documented accommodation plans as part of the process.
What does this mean in practical terms? You may have to change the work that employees do or how they do it. Anyone may acquire a disability during their lifetime, or a disability may become more limiting. Ensuring a successful return to work after an employee has been on short-term or long-term disability leave requires some planning. Employers should prepare and ensure that appropriate accommodations are in place and manage the return-to-work process. Some suggestions include:

• Evaluating employee’s functional abilities
• Performing physical demands analysis of existing or potential job
• Identifying specific job modifications, including assistive devices and ergonomic equipment
• Preparing a return-to-work plan, e.g., gradual return, supported return, part/full time, training, etc.
• Providing support and direction in the return-to-work process

Everyone in the workplace needs to understand that the return of a worker with an acquired disability might require what is perceived as “special treatment”. However, under this requirement, all must understand that, that “special treatment” will be given to everyone in the same way when applicable.
Performance management
An employer that uses performance management in respect of its employees must take into account the accessibility needs of employees with disabilities, as well as individual accommodation plans, when using its performance management process in respect of employees with disabilities.
For the purpose of this standard, “performance management” means activities related to assessing and improving employee performance, productivity and effectiveness, with the goal of facilitating employee success.
What does this mean in practical terms? Organizations that use performance management processes (aimed at helping employees to be successful in their jobs) must make sure that they can be, and are, used in a way that is consistent with employees’ individual accommodation needs or plans. Employers should retain and promote staff using the same criteria for all employees. Think of identifying training needs when you regularly assess the work performance of all employees. Focus on achievements and how well someone does their job when you are assessing performance.
Career development and advancement
An employer that provides career development and advancement to its employees must take into account the accessibility needs of its employees with disabilities as well as any individual accommodation plans, when providing career development and advancement to its employees with disabilities.
For the purpose of this standard, “career development and advancement” includes providing additional responsibilities within an employee’s current position and the movement of an employee from one job to another in an organization that may be higher in pay, provide greater responsibility or be at a higher level in the organization, or any combination and which, for both additional responsibilities and employee movement, is usually based on merit or seniority, or a combination of them.
What does this mean in practical terms? Organizations that provide their employees with career development and advancement information must make sure that their employees with disabilities receive the information in a way that is consistent with their individual accommodation needs or plans.
Redeployment
An employer that uses redeployment must take into account the accessibility needs of its employees with disabilities, as well as individual accommodation plans, when redeploying employees with disabilities.
For the purpose of this standard, “redeployment” means the reassignment of employees to other departments or jobs within the organization as an alternative to termination or temporary layoff, when the organization eliminates a job or department.
What does this mean in practical terms? Where organizations have a procedure for moving an employee to another job where the existing position is ended (redeployment), the procedure must:

• Apply to employees with disabilities
• Take individual accommodation needs or plans into account
• Include consultation with the employee and/or the employee’s representative, upon request

Accessible formats and communication supports for employees
In addition to the above obligations, where an employee with a disability so requests it, every employer must consult with the employee to provide or arrange for the provision of accessible formats and communication supports for:
a) Information that is needed in order to perform the employee’s job; and
b) Information that is generally available to employees in the workplace.
The consultation determines the suitability of an accessible format or communication support, but the final determination as to which accessible format or communication support will be used rests with the employer.
Documented individual accommodation plans
Employers, except employers of small organizations, must develop and have in place a written process for the development of documented individual accommodation plans for employees with disabilities.
The process for the plans includes the following elements:

• The manner in which an employee requesting accommodation can participate in the development of the individual accommodation plan
• The means by which the employee is assessed on an individual basis
• The manner in which the employer can request an evaluation by an outside medical or other expert, at the employer’s expense, to determine if and how accommodation can be achieved
• 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
• The steps taken to protect the privacy of the employee’s personal information
• The frequency with which the individual accommodation plan will be reviewed and updated and the manner in which it will be done
• If an individual accommodation plan is denied, the manner in which the reasons for the denial will be provided to the employee
• The means of providing the individual accommodation plan in a format that takes into account the employee’s accessibility needs due to disability
• Individual accommodation plans must:
• If requested, include any information regarding accessible formats and communications supports provided
• If required, include individualized workplace emergency response information, and
• Identify any other accommodation that is to be provided

Obligated organizations will be required to provide employees with a copy of their individual accommodation plan.

How is your organization being proactive with the Employment Standard of the Integrated Accessibility Standard?

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