AODA for Large private & Not-for-profit Organizations - October 2013

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AODA for Large private & Not-for-profit Organizations - October 2013

  1. 1. AODA for Large private/not-for-profit organizations Mireille Khoraych October 4, 2013 AODA for Large private/not-for-profit organizations October 4, 2013
  2. 2. Overview of Presentation • Status of AODA standards • Integrated Accessibility Standards • • Information and Communications • Employment • Transportation • • General Requirements Built Environment Compliance and Implementation Strategies AODA for Large private/not-for-profit organizations October 4, 2013
  3. 3. The AODA - Introduction • Accessibility for Ontarians with Disabilities Act, 2005 • Ontario accessible by 2025 through minimum “standards” • Accessibility Standards for Customer Service • • January 1, 2012 Integrated Accessibility Standards • January 1, 2012 to 2021 • New Public Spaces standards came into force January 1, 2013 AODA for Large private/not-for-profit organizations October 4, 2013
  4. 4. Status of AODA Standards • Accessibility Standards for Customer Service • In force for all affected organizations • "Annual" report requirement • • First report was due December 31, 2012 Amendments to regulation suggest future filings: • Annually – Government and Legislature • Every 2 years – Designated public sector organizations • Every 3 years – Large organizations (20+) AODA for Large private/not-for-profit organizations October 4, 2013
  5. 5. Status of AODA Standards • Accessibility Standards for Customer Service • Ongoing obligations • • • • • Ensuring that standards are actually applied in practice Training for new employees or reassigned employees Training on new policies, practices or equipment Maintenance of policies and practices Filing reports as required AODA for Large private/not-for-profit organizations October 4, 2013
  6. 6. Application of Integrated Accessibility Standards • Government of Ontario • Designated public sector organizations • • • Large – 50 or more employees Small – less than 50 employees Private/not-for-profit sector organizations • Large – 50 or more employees • Small – less than 50 employees AODA for Large private/not-for-profit organizations October 4, 2013
  7. 7. Requirements Already in Effect – Jan 1 2012 • Individualized workplace emergency response information • Individualized information must be necessary • Employer must be aware of need for accommodation • Will be in the nature of a response plan tailored to the individual’s circumstances • Document in the individual’s accommodation plan AODA for Large private/not-for-profit organizations October 4, 2013
  8. 8. Select General Obligations • Accessibility policies • Accessibility plans • Training • Accessibility reports and self-serve kiosks AODA for Large private/not-for-profit organizations October 4, 2013
  9. 9. Accessibility Policies • Develop, implement and maintain policies • How organization achieves or will achieve accessibility (with reference to the IAS) • Statement of organizational commitment • • Government and large organizations only Written descriptions of policies • Publicly available • In an accessible format upon request AODA for Large private/not-for-profit organizations October 4, 2013
  10. 10. Accessibility Policies – Timelines Category of Organization Compliance Date Government January 1, 2012 Large designated public sector organizations January 1, 2013 Small designated public sector organizations January 1, 2014 Large private/not-for-profit sector organizations January 1, 2014 Small private/not-for-profit sector organizations January 1, 2015 AODA for Large private/not-for-profit organizations October 4, 2013
  11. 11. Accessibility Plans • Develop, implement, maintain and document multi-year accessibility plans • Outline of organization’s strategy to: • Prevent and remove barriers • Meet its requirements under the IAS • Plan to be posted on website and be provided in an accessible format upon request • Review and update every 5 years AODA for Large private/not-for-profit organizations October 4, 2013
  12. 12. Accessibility Plans – Timelines Category of Organization Compliance Date Government January 1, 2012 Large designated public sector organizations January 1, 2013 Small designated public sector organizations January 1, 2014 Large private/not-for-profit sector organizations January 1, 2014 Small private/not-for-profit sector organizations No obligation to comply with this standard. AODA for Large private/not-for-profit organizations October 4, 2013
  13. 13. General Training • Very broad content • • • Requirements of the IAS The Human Rights Code as it pertains to persons with disabilities Very broad scope • All employees and volunteers • All persons who develop organization’s policies • All persons who provide goods, services or facilities on an organization’s behalf AODA for Large private/not-for-profit organizations October 4, 2013
  14. 14. General Training – Timelines Category of Organization Compliance Date Government January 1, 2013 Large designated public sector organizations January 1, 2014 Small designated public sector organizations January 1, 2015 Large private/not-for-profit sector organizations January 1, 2015 Small private/not-for-profit sector organizations January 1, 2016 AODA for Large private/not-for-profit organizations October 4, 2013
  15. 15. Accessibility Reports • Large private/not-for-profit organizations must file accessibility reports as follows: • • • Every 3 years First report due December 31, 2014 Small organizations are exempt from filing accessibility reports under the IAS AODA for Large private/not-for-profit organizations October 4, 2013
  16. 16. Information and Communications • Two key concepts • “Accessible formats” • • Means formats used by persons with disabilities – e.g. large print, audio, Braille, etc. “Communication supports” • Means supports that facilitate effective communications – e.g. captioning, plain language, sign language, etc. AODA for Large private/not-for-profit organizations October 4, 2013
  17. 17. Accessible Formats and Communication Supports – Timelines Category of Organization Compliance Date Government January 1, 2014 Large designated public sector organizations January 1, 2015 Small designated public sector organizations January 1, 2016 Large private/not-for-profit sector organizations January 1, 2016 Small private/not-for-profit sector organizations January 1, 2017 AODA for Large private/not-for-profit organizations October 4, 2013
  18. 18. Feedback Processes • For organizations that use feedback processes of any kind • Must ensure they are accessible by providing or arranging for accessible formats and communications supports, upon request • Applies in addition to obligations under Accessibility Standards for Customer Service AODA for Large private/not-for-profit organizations October 4, 2013
  19. 19. Feedback Processes – Timelines Category of Organization Compliance Date Government January 1, 2013 Large designated public sector organizations January 1, 2014 Small designated public sector organizations January 1, 2015 Large private/not-for-profit sector organizations January 1, 2015 Small private/not-for-profit sector organizations January 1, 2016 AODA for Large private/not-for-profit organizations October 4, 2013
  20. 20. Websites and Web Content • Technical requirements to make websites and web content accessible • For the Government and the Legislative Assembly, this applies to both internet and intranet • For all other organizations, requirements apply to internet sites only • Note that requirement does not apply to small private/not-for-profit organizations AODA for Large private/not-for-profit organizations October 4, 2013
  21. 21. Websites and Web Content – Timelines Category of Organization Standard Compliance Date Large designated public sector organizations New internet websites and web content – to WCAG 2.0, Level A January 1, 2014 All internet websites and web content – to WCAG 2.0, Level AA (some exceptions) January 1, 2021 N/A N/A Small designated public sector organizations Large private/not-for-profit sector organizations Small private/not-for-profit sector organizations AODA for Large private/not-for-profit organizations October 4, 2013
  22. 22. Employment • Much up-front work on policy development and training • More formalized and proactive approach to disability management • Ongoing administrative requirements AODA for Large private/not-for-profit organizations October 4, 2013
  23. 23. Employment – Timelines Category of Organization Compliance Date Government January 1, 2013 Large designated public sector organizations January 1, 2014 Small designated public sector organizations January 1, 2015 Large private/not-for-profit sector organizations January 1, 2016 Small private/not-for-profit sector organizations January 1, 2017 AODA for Large private/not-for-profit organizations October 4, 2013
  24. 24. Recruitment • Notify employees and public about availability of accommodation for applicants in recruitment processes • • Applies to internal and external postings “Recruitment processes” • Will apply to all aspects of recruitment, including testing, interviews, etc. AODA for Large private/not-for-profit organizations October 4, 2013
  25. 25. Informing Employees of Supports • Must inform all employees of policies to support employees with disabilities • Must include policies on the provision of job accommodations • Must provide this information to new employees as soon as practicable after employment begins • Ongoing obligation to inform if existing policies change AODA for Large private/not-for-profit organizations October 4, 2013
  26. 26. Accessible Formats and Communication Supports • Must be provided upon the request of an employee with a disability with respect to: • • • Information needed to perform the individual’s job Information generally available to other employees Employer must consult with the employee making the request to determine the suitability of an accessible format or communication support AODA for Large private/not-for-profit organizations October 4, 2013
  27. 27. Accommodation Plans • Must create a written process for the development of individual accommodation plans • This obligation does not apply to small private or not-for-profit sector organizations • • Remember that Code accommodation obligations will continue to apply The IAS contemplates a written accommodation plan for all employees with disabilities with accommodation needs AODA for Large private/not-for-profit organizations October 4, 2013
  28. 28. Return to Work Process • Employers must develop a written process that applies to employees returning from a disabilityrelated absence • • The process is not intended to override other statutory return-to-work processes In practice, focus will be on non-WSIB injuries and illnesses AODA for Large private/not-for-profit organizations October 4, 2013
  29. 29. Performance Management, etc. • Performance Management, Career Development and Advancement, and Redeployment • Must take into account individual accessibility needs • Must take into account any individual accommodation plans AODA for Large private/not-for-profit organizations October 4, 2013
  30. 30. Transportation • Wide range of application from urban transit systems to taxis to school buses • Will also apply to organizations that provide transportation on a less formal basis – universities, colleges, hospitals, etc. • Code obligations still apply • HTA regulations may still apply AODA for Large private/not-for-profit organizations October 4, 2013
  31. 31. Built Environment • Part IV.1 of the IAS • Came into force on January 1, 2013 • Applies to public spaces that are newly constructed or redeveloped on or after the applicable compliance dates • Will also be amendments to the Ontario Building Code AODA for Large private/not-for-profit organizations October 4, 2013
  32. 32. Built Environment – Timelines Category of Organization Compliance Date Government January 1, 2015 Large designated public sector organizations January 1, 2016 Small designated public sector organizations January 1, 2016 Large private/not-for-profit sector organizations January 1, 2017 Small private/not-for-profit sector organizations January 1, 2018 AODA for Large private/not-for-profit organizations October 4, 2013
  33. 33. Achieving Compliance • This is a good point to recall that the AODA does not supplant the Human Rights Code • Both the AODA and Code apply, and compliance with one does not necessarily mean compliance with the other • Think of the AODA as the floor, or a type of minimum standard • If conflict, highest level of accessibility applies AODA for Large private/not-for-profit organizations October 4, 2013
  34. 34. Preparing for the AODA • Minimal case law on AODA to date • In several cases, the HRTO has confirmed that it does not oversee compliance with the AODA • • This is the duty of the Licence Appeal Tribunal In one case, the HRTO found that an organization’s AODA training records were arguably relevant to a complaint under the Code against a service provider AODA for Large private/not-for-profit organizations October 4, 2013
  35. 35. Preparing for the AODA • Because of integrated nature and broad scope of the AODA’s obligations, need a carefully crafted approach to compliance • In most organizations, it is going to require a team-oriented approach to ensure that all impacted areas of the organization are engaged AODA for Large private/not-for-profit organizations October 4, 2013
  36. 36. Preparing for the AODA • Designate an individual to be responsible for AODA compliance • Give the individual the necessary authority and resources • “Buy-in” at senior levels of management • Oversight and coordination of compliance activities • This will involve all aspects of your organization • Assemble a team AODA for Large private/not-for-profit organizations October 4, 2013
  37. 37. Preparing for the AODA • Review the IAS and note specific requirements and timelines • Audit your applicable policies and practices • Develop an action plan to implement the required changes AODA for Large private/not-for-profit organizations October 4, 2013
  38. 38. AODA for Large private/not-for-profit organizations Mireille Khoraych October 4, 2013 AODA for Large private/not-for-profit organizations October 4, 2013

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