Accessibility
law in Ontario is changing. The government is moving forward with the
implementation of these new Integrated Accessibility Standards under the AODA
at a time when many employers are still addressing the requirements of the AODA’s
customer service standards. Organizations are advised to take a pro-active
approach to compliance, in order to ensure that they are acting in accordance
with the AODA. The Accessibility for Ontarians with Disabilities Act,
2005, (AODA)
requires phased-in compliance by public and private organizations.
Deadlines for
compliance with the standards vary depending on the nature and size of an
organization. Thus, it is important employers ensure that they have complied
with current requirements and are preparing to meet the upcoming additional
requirements under the standards.
Current compliance
requirements
Since
January 1, 2012, private sector organizations in Ontario are expected to be in
compliance with the Customer Service Standard.
Organizations with more than 20 employees are required to file an
accessibility compliance report online. You already know that to provide accessible customer
service, organizations need to:
o Create and put in place an
accessibility plan that:
•
Considers a person’s disability when communicating with them
•
Allows assistive devices in your workplace, like wheelchairs, walkers and oxygen
tanks
•
Allows service animals
•
Welcomes support persons
•
Lets customers know when accessible services aren’t available
•
Invites customers to provide feedback
o Train staff on accessible
customer service
o Put their plan in writing
•
Let customers know how to find their plan (eg., on their website)
•
Offer their plan in accessible formats, like large print, if requested
o Report their progress online
In addition, as of
January 1, 2012, under the Employment Standard, employers are required to
provide individualized workplace emergency response information to employees
who have a disability where the disability will require such a measure.
Upcoming compliance requirements
With the deadline looming, it is time to start thinking about
preparing to meet additional general requirements under the Integrated
Standards. Large organizations will need to implement the latest requirements
as of January 1, 2014. A large organization is a private sector organization
with 50 or more employees in Ontario. Small organizations, which are defined as
non-public sector organizations with fewer than 50 employees in Ontario, will
have until January 1, 2015, to meet the requirements.
Organizations are required to:
- Establish
accessibility policies, which state how the organization achieves or will
achieve accessibility and include a statement of organizational
commitment;
- Establish
and implement multi-year accessibility plans (does not apply to small
organizations), which set out the organization's strategy for removing
barriers to accessibility and for meeting its obligations under the AODA.
In addition, large organizations will be required to make any
new Internet websites and web content accessible. New websites and content must
conform with WCAG 2.0 Level A by January 1, 2014. WCAG 2.0 sets out guidelines
for organizations to follow to make their websites more accessible. There are
three levels of accessibility and further levels of accessibility will be
required in the future.
Conclusion
Compliance with the AODA and
the various applicable standards is mandatory and failure to comply may lead to
fines. Moreover, compliance with the obligations under AODA can be relevant to other matters
arising in the human rights sphere and Corporate Social Responsibility.
How far along are you prepared for compliance?
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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