What’s Happening Out There?             The Accessibility For Ontarians                  With Disabilities Act, 2005      ...
AgendaThe Accessibility Standards for Customer Service         •   Compliance was required on January 1, 20121. The Integr...
1. The Accessibility Standards for Customer Service               Compliance was required on January 1, 2012
The Accessibility Standards for Customer Service: Contextand BackgroundMust comply with:A. AODA1.   Customer Service Stand...
The Accessibility Standards for Customer Service:What Do You Have to Do?Who Must Comply?•   Every person or organization t...
The Accessibility Standards for Customer Service:What Do You Have to Do?What Does Your Organization Have to Do?• implement...
The Accessibility Standards for Customer Service:What Do You Have to Do?What Does Your Organization Have to Do?• have a fe...
The Accessibility Standards for Customer Service:What Do You Have to Do?What Does Your Organization Have to Do?•   If your...
2.   The Integrated Accessibility Regulation
Integrated Accessibility Regulation: General ObligationsPolicies:•    how your organization will achieve accessibility thr...
Integrated Accessibility Regulation: General ObligationsAccessibility Plans• public sector and large organizations must es...
Integrated Accessibility Regulation:Information and Communications StandardFeedback Processes•   provide or arrange for th...
Integrated Accessibility Regulation:Information and Communications StandardWhen accessible formats are required:•upon requ...
Integrated Accessibility Regulation:Information and Communications StandardEmergency procedures or public safety informati...
Integrated Accessibility Regulation:Information and Communications StandardAccessible websites and web content•   must con...
Integrated Accessibility Regulation:Information and Communications StandardEducational and training institutions must, upo...
Integrated Accessibility Regulation:Information and Communications StandardProducers of educational or training material• ...
Integrated Accessibility Regulation: Employment StandardUnless otherwise specified:   •   large organizations: January 1, ...
Integrated Accessibility Regulation: Employment StandardRecruitment•   notify employees and the public about availability ...
Integrated Accessibility Regulation: Employment Standard•   notify successful applicants of policies for accommodating    ...
Integrated Accessibility Regulation: Employment StandardWorkplace emergency response information•   provide individualized...
Integrated Accessibility Regulation: Employment StandardDevelop process for Individual Accommodation Plans addressing:• ho...
Integrated Accessibility Regulation: Employment StandardReturn to Work and Redeployment•   develop return to work process ...
Integrated Accessibility Regulation: Transportation Standard •   If your organization does not have a transportation     s...
3. Practical Implications for Your Organization
Practical Implications for Your Organization•   Your organization will likely have to revamp:    •   policies, practices a...
Practical Implications for Your OrganizationOther accessibility laws (e.g. Human Rights Code)•   Neither the AODA nor the ...
Practical Implications for Your Organization•   Public Awareness of the AODA    • parties in human rights matters are rais...
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The Accessibility For Ontarians With Disabilities Act, 2005

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The Accessibility For Ontarians With Disabilities Act, 2005

  1. 1. What’s Happening Out There? The Accessibility For Ontarians With Disabilities Act, 2005 Richard J. Nixon and Ellen V. Swan May 25, 201211427551.1
  2. 2. AgendaThe Accessibility Standards for Customer Service • Compliance was required on January 1, 20121. The Integrated Accessibility Standards • General Obligations • The Information and Communication Standard • The Employment Standard • The Transportation Standard2. Practical Implications for Your Organization3. Practical Implications for Your Organization
  3. 3. 1. The Accessibility Standards for Customer Service Compliance was required on January 1, 2012
  4. 4. The Accessibility Standards for Customer Service: Contextand BackgroundMust 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)
  5. 5. 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
  6. 6. The Accessibility Standards for Customer Service:What Do You Have to Do?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
  7. 7. The Accessibility Standards for Customer Service:What Do You Have to Do?What Does Your Organization Have to Do?• 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
  8. 8. The Accessibility Standards for Customer Service:What Do You Have to Do?What Does Your Organization Have to Do?• 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
  9. 9. 2. The Integrated Accessibility Regulation
  10. 10. Integrated Accessibility Regulation: General ObligationsPolicies:• how your organization will achieve accessibility through meeting the Standards• statement of organizational commitment• large organizations: January 1, 2014• small organizations: January 1, 2015Training• must train on the requirements of the accessibility standards and the Ontario Human Rights Code• public sector and large organizations must keep training records
  11. 11. Integrated Accessibility Regulation: General ObligationsAccessibility Plans• public sector and large organizations must establish, implement, maintain and document a multi-year accessibility plan• by January 1, 2014Self-service Kiosks• public sector: incorporate accessibility features• private sector: have regard to accessibility• large organizations: January 1, 2014• small organizations: January 1, 2015
  12. 12. Integrated Accessibility Regulation:Information and Communications StandardFeedback Processes• provide or arrange for the provision of accessible formats and communications supports, upon request• large organizations: January 1, 2015• small organizations: January 1, 2016
  13. 13. Integrated Accessibility Regulation:Information and Communications StandardWhen 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 other persons•notify the public about availability of accessible formats andcommunication supports • Large organizations: January 1, 2016 • Small organizations: January 1, 2017
  14. 14. Integrated Accessibility Regulation:Information and Communications StandardEmergency 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
  15. 15. Integrated Accessibility Regulation:Information and Communications StandardAccessible 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 • large organizations: January 1, 2014• All web content (some exceptions): • public sector: January 1, 2020 • large organizations: January 1, 2021
  16. 16. Integrated Accessibility Regulation:Information and Communications StandardEducational 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.• large organizations: January 1, 2013• small organizations: January 1, 2015
  17. 17. Integrated Accessibility Regulation:Information and Communications StandardProducers of educational or training material• make accessible or conversion ready versions of textbooks available upon request • by January 1, 2015• make accessible or conversion ready versions of printed materials available upon request • by January 1, 2020
  18. 18. Integrated Accessibility Regulation: Employment StandardUnless otherwise specified: • large organizations: January 1, 2016 • small organizations: January 1, 2017
  19. 19. Integrated Accessibility Regulation: Employment StandardRecruitment• 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
  20. 20. Integrated Accessibility Regulation: Employment Standard• 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
  21. 21. Integrated Accessibility Regulation: Employment StandardWorkplace 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
  22. 22. Integrated Accessibility Regulation: Employment StandardDevelop 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
  23. 23. Integrated Accessibility Regulation: Employment StandardReturn 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 individual accommodation plans, when redeploying employees with disabilities
  24. 24. 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
  25. 25. 3. Practical Implications for Your Organization
  26. 26. 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
  27. 27. Practical Implications for Your OrganizationOther 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
  28. 28. Practical Implications for Your Organization• 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
  29. 29. Questions?
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