The Accessibility For Ontarians With Disabilities Act, 2005

What’s Happening Out There?The Accessibility For Ontarians

With Disabilities Act, 2005

Richard J. Nixon and Ellen V. Swan

May 25, 2012

11427551.1

Agenda

The Accessibility Standards for Customer Service• Compliance was required on January 1, 2012

1. The Integrated Accessibility Standards• General Obligations

• The Information and Communication Standard

• The Employment Standard

• The Transportation Standard

2. Practical Implications for Your Organization


1. The Accessibility Standards for Customer ServiceCompliance was required on January 1, 2012

The Accessibility Standards for Customer Service: Context and Background

Must comply with:

A. AODA1. Customer Service Standard (by January 1, 2012)

2. Integrated Accessibility Regulation general requirements (starting 2014)

3. Accessible Information and Communication Standard (starting 2012)

4. Employment Standard (mostly starting 2016)

5. Transportation Standard (starting 2011)

6. Built Environment Standard (not likely law before 2013)

The Accessibility Standards for Customer Service: What Do You Have to Do?

Who Must Comply?

• Every person or organization that:

1. provides goods or services to members of the public or other third parties; and

2. has at least one employee in Ontario

• “provider of goods or services” means a person or organization to whom the Standard applies


What Does Your Organization Have to Do?

• implement policies, practices and procedures governing your organization’s provision of goods or services to persons with disabilities

• use reasonable efforts to ensure these policies, practices and procedures are consistent with AODA’s principles

• communicate with customers and clients in a manner that takes into account a person’s disability



• have a feedback process for customers

• address the use of support persons and service animals

• address the use of assistive devices

• train employees, contractors, volunteers and agents

• provide notice of a disruption in services used by persons with disabilities



• If your organization has 20 or more employees:

1. make your policies, practices and procedures available in accessible formats

2. report to the Ontario Ministry of Community and Social Services

2. The Integrated Accessibility Regulation

Integrated Accessibility Regulation: General Obligations

Policies:

• how your organization will achieve accessibility through meetingthe Standards

• statement of organizational commitment

• large organizations: January 1, 2014

• small organizations: January 1, 2015

Training

• must train on the requirements of the accessibility standards andthe Ontario Human Rights Code

• public sector and large organizations must keep training records

Integrated Accessibility Regulation: General Obligations

Accessibility Plans• public sector and large organizations must establish, implement,

maintain and document a multi-year accessibility plan

• by January 1, 2014

Self-service Kiosks• public sector: incorporate accessibility features• private sector: have regard to accessibility

• large organizations: January 1, 2014• small organizations: January 1, 2015

Integrated Accessibility Regulation:Information and Communications Standard

Feedback Processes

• provide or arrange for the provision of accessible formats and communications supports, upon request




When accessible formats are required:

•upon request, provide accessible formats and communication supports

• in a timely manner that takes into account the person’s accessibility needs

• at a cost that is no more than the regular cost charged to otherpersons

•notify the public about availability of accessible formats and communication supports

• Large organizations: January 1, 2016

• Small organizations: January 1, 2017


Emergency procedures or public safety information

• If your organization prepares emergency procedures, plans or public safety information and makes the information available to the public, must provide information in an accessible format or with appropriate communication supports as soon as practicable upon request

• compliance was required on January 1, 2012


Accessible websites and web content• must conform to the World Wide Web Consortium Web

Content Accessibility Guidelines 2.0 at Level AA

• New web content:• public sector: January 1, 2012


• All web content (some exceptions):• public sector: January 1, 2020



Educational and training institutions must, upon request:

• provide educational / training resources / materials in an accessible format:

• provide student records and information on program requirements, availability and descriptions in an accessible format to persons with disabilities.




Producers of educational or training material

• make accessible or conversion ready versions of textbooks available upon request


• make accessible or conversion ready versions of printed materials available upon request


Integrated Accessibility Regulation: Employment Standard

Unless otherwise specified:




Recruitment• notify employees and the public about availability of

accommodation in recruitment processes

• notify job applicants selected to participate in assessment or selection process that accommodations are available upon request

• if selected applicant requests accommodation, must consult with applicant and provide suitable accommodation

• decision as to which accommodation is provided rests with the employer


• notify successful applicants of policies for accommodating employees with disabilities

• inform employees of policies

• consult with employee to provide accessible formats and

communication supports for

• information to perform the employee’s job

• information generally available to employees, upon request


Workplace emergency response information• provide individualized workplace emergency response

information to employees with disabilities if necessary and employer is aware of the need for accommodation

• designate assistance provider if necessary and employee consents

• review the individualized workplace emergency response information periodically

• compliance was required on January 1, 2012


Develop process for Individual Accommodation Plans addressing:

• how an employee can participate in development of plan

• how an employee is assessed on an individual basis

• how the employer can request an outside evaluation

• how an employee can request a representative

• steps taken to protect the employee’s privacy

• frequency and manner of review and updating

• if denied, how the reasons will be provided to the employee

• means of providing plan in an accessible format


Return to Work and Redeployment

• develop return to work process for employees absent from work due to disability and require disability-related accommodations to return to work

• outline steps to facilitate return to work

• use individual documented accommodation plans

• take into account the accessibility needs, as well as individualaccommodation plans, when redeploying employees with disabilities

Integrated Accessibility Regulation: Transportation Standard

• If your organization does not have a transportation system which falls under “Other Transportation Services”in the proposed standard, it will not likely have to comply

• Only applies to organizations which offer transportation services to the public or employees


Practical Implications for Your Organization

• Your organization will likely have to revamp:

• policies, practices and procedures;

• information and communication platforms; and

• employment practices and policies

• Your organization will also have to consider the duty to accommodate under the Ontario Human Rights Code

• Accommodation obligations may already exist as part of duty to accommodate


Other accessibility laws (e.g. Human Rights Code)

• Neither the AODA nor the Standards replace or change what your organization is required to do under existing laws

• Where a standard creates different rules than other laws, your organization will have to comply with both

• If two laws conflict, the law that provides the higher level of accessibility must be followed


• Public Awareness of the AODA

• parties in human rights matters are raising the AODA

• as a source of evidence (i.e. training records)

• as a standard of accommodation (i.e. automatic doors)

• the AODA is very much a part of public consciousness

• liability in the court of public opinion

Questions?

Business

The Accessibility For Ontarians With Disabilities Act, 2005