Post on 04-Feb-2022
AODA Integrated Accessibility Standards: How-to Workshop
Leola W. PonNovember 23, 2011
OMHRA November 23, 2011
Today’s Plan…
• In-depth review of each IAS requirement:
• group work and interactive discussions
• Special topics: Information and Communication
Standards
• Special topics: Employment Standards
OMHRA November 23, 2011
The Outcome…
• Map out your compliance strategy
• Develop your IAS accessibility policy
• Develop your IAS/human rights training program
OMHRA November 23, 2011
Status of the Standards
• Customer Service
• Integrated Accessibility Standard
• Built Environment???
• etc.
OMHRA November 23, 2011
Overview: Other Statutes
• AODA sets the floor
• Human Rights Code continues to apply
• If there is a conflict, the provision that provides the
highest level of accessibility for persons with
disabilities…shall prevail
• How determine or enforce?
• No AODA complaint mechanism for individuals
• Grievance? HRTO? Litigation?
OMHRA November 23, 2011
Government Oversight & Enforcement
• Accessibility Directorate of Ontario
• Directors
• Licence Appeal Tribunal
• Court
• Fines ($50K/$100k)
OMHRA November 23, 2011
“Integrated” Accessibility Standards
• Information and Communication
• Employment
• Transportation
OMHRA November 23, 2011
Integrated Accessibility Standards
• Government of Ontario
• Large designated public sector organizations (50+
employees)
• Small designated public sector organizations (<50
employees)
• Large private / not-for-profit sector organizations (50+)
• Small private or not-for-profit sector organizations (<50)
OMHRA November 23, 2011
AODA Dictionary: Selected Terms
• “accessible formats” may include, but are not limited
to, large print, recorded audio and electronic formats,
braille and other formats usable by persons with
disabilities;
• “communication supports” may include, but are not
limited to, captioning, alternative and augmentative
communication supports, plain language, sign language
and other supports that facilitate effective
communications
OMHRA November 23, 2011
AODA Dictionary: Selected Terms
• “conversion ready” means an electronic or digital
format that facilitates conversion into an accessible
format
• “information” includes data, facts and knowledge that
exists in any format, including text, audio, digital or
images, and that conveys meaning
OMHRA November 23, 2011
AODA Dictionary: Selected Terms
• “kiosk” means an interactive electronic terminal,
including a point-of-sale device, intended for public use
that allows users to access one or more services or
products or both
• “new internet website” means either a website with a
new domain name or a website with an existing domain
name undergoing a significant refresh
OMHRA November 23, 2011
Integrated Standards (General) – Accessibility policies
• how the organization (will) achieve(s) accessibility
• statement of organizational commitment to meet needs
in a timely manner
• written policies, publicly available, accessible format
upon request
• January 1, 2013
OMHRA November 23, 2011
Integrated Standards (General): Accessibility Plan
• multi-year, post on website and provide in an
accessible format upon request
• review and update at least once every five years in
consultation with persons with disabilities/ accessibility
advisory committee
• annual status report, post on website, provide in an
accessible format upon request
• January 1, 2013
OMHRA November 23, 2011
Integrated Standards (General): Procurement of goods, services or facilities
• incorporate accessibility criteria and features
• if not practicable to do so, provide explanation upon
request
• January 1, 2013
OMHRA November 23, 2011
Integrated Standards (General): Self-serve kiosks
• incorporate accessibility features when designing,
procuring or acquiring self-service kiosks
• January 1, 2013
OMHRA November 23, 2011
Integrated Standards (General): Training
• IAS and Human Rights Code training to:
• all employees, and volunteers;
• all persons who participate in developing the
organization’s policies; and
• all other persons who provide goods, services or
facilities on behalf of the organization
OMHRA November 23, 2011
Integrated Standards (General): Training
• appropriate to the duties of the employees, volunteers
and other persons
• as soon as practicable and ongoing (with changes to
policy)
• training records: date of training, number of trainees
• January 1, 2014
OMHRA November 23, 2011
Integrated Standards (General): Accessibility reports
• Section 14 AODA
• “annually or at such other times”
• available to the public
• (electronically) signed by a director, senior officer or
other responsible person with authority to bind the
organization
OMHRA November 23, 2011
Information and Communication
• exemptions:
• Products and product labels
• Unconvertible information or communications
• Information that the obligated organization does
not control directly or indirectly through a
contractual relationship (with exceptions)
OMHRA November 23, 2011
Information and Communication
• If unconvertible, provide requester:
• an explanation as to why the information or
communications are unconvertible; and
• a summary of the unconvertible information or
communications
OMHRA November 23, 2011
Information and Communications: FeedbackProcesses
• existing feedback processes must be accessible
• provide or arrange to provide accessible formats and
communications supports, upon request
• notify the public about their availability
• January 1, 2014
OMHRA November 23, 2011
Information and Communication: Accessible formats and communication supports
• general obligation to provide or arrange for the
provision of accessible formats and communications
supports, upon request
• In a timely manner and based on specific needs
• At no additional cost (when compared to others)
• Consult with the individual
• Notify public of availability
• January 1, 2015
OMHRA November 23, 2011
Information and Communication: Emergency plans/procedures and public safety
• information made available to the public
• Must provide in accessible format or with appropriate
communications supports, upon request
• January 1, 2012
OMHRA November 23, 2011
Information and Communication: Websites and Web content
• Websites, web content (published after January 1,
2012), web-based applications, unless not “practicable”
• that an organization controls directly or through a
contractual relationship that allows for modification of
the product
• not “intranets”
OMHRA November 23, 2011
Information and Communication: Websites and Web content
• January 1, 2014, new internet websites and web
content on those sites must conform with WCAG 2.0
Level A.
• January 1, 2021, all internet websites and web content
must conform with WCAG 2.0 Level AA (exceptions)
OMHRA November 23, 2011
Information and Communication: Public Libraries
• Must provide access or arrange for the provision of
access to accessible materials where they exist
• Information on availability of accessible materials
• Optional for archival materials, special collections, etc.
• January 1, 2013
OMHRA November 23, 2011
Employment
• employers and employees;
• does not apply to “volunteers” and other “non-paid”
• who is an “employee”?
OMHRA November 23, 2011
Employment
• Compliance timeframes – with 1 exception
• January 1 2013 – Government
• January 1 2014 – Large public sector
• January 1 2015 – Small public sector
• January 1 2016 – Large private/non-profit
• January 1 2017 – Small private/non-profit
OMHRA November 23, 2011
Employment
• Recruitment
• Must notify employees and the public about
availability of accommodation for applicants with
disabilities
• Applies to “recruitment processes”
• External advertisements
• Internal job postings
• interviews, etc.
OMHRA November 23, 2011
Employment
• Recruitment, assessment or selection process
• notify accommodations are available upon request in
relation to the materials or processes to be used in
the recruitment process
• consult with the selected applicant
• provide or arrange to provide suitable
accommodation - take into account the applicant’s
accessibility needs
OMHRA November 23, 2011
Employment
• Notify successful applicants
• the policies for accommodating employees with
disabilities
OMHRA November 23, 2011
Employment
• Inform employees on disability policies (e.g.,
accommodation, human rights, return to work)
• provide info to new employees as soon as practicable
after starting job
• update if job accommodation policies change
OMHRA November 23, 2011
Employment
• Accessible formats and communication supports for
employees
• consult (re: suitability of) and provide 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.
OMHRA November 23, 2011
Employment
• Workplace emergency response information
• individualized workplace emergency response
information
• if individualized information is necessary based on
type of disability
• if employer is aware of the need for accommodation
due to the employee’s disability
OMHRA November 23, 2011
Employment
• Workplace emergency response information
• with the employee’s consent, the employer can
share information to designated person
• as soon as practicable after the employer becomes
aware of the need
OMHRA November 23, 2011
Employment
• Workplace emergency response information
• review the information when:
• employee moves to a different work location;
• employee’s overall accommodations needs or plans are reviewed; and
• employer reviews its general emergency response policies.
• January 1, 2012
OMHRA November 23, 2011
Employment
• Documented individual accommodation plans
• written process for the development of documented
individual accommodation, including:
• participation
• means for individualized assessment
• evaluation by an outside medical or other expert, at the employer’s expense
OMHRA November 23, 2011
Employment
• written process for the development of documented
individual accommodation, including (…cont’d)
• representative or bargaining agent
• privacy
• frequency of review and updates, and how done
• reasons for denial of plan
• plan in a format that takes into account the employee’s
accessibility needs
OMHRA November 23, 2011
Employment
• Documented individual accommodation plans shall,
• if requested, include any information regarding
accessible formats and communications supports
provided,
• if required, include individualized workplace
emergency response information
• identify any other accommodation that is to be
provided
OMHRA November 23, 2011
Employment
• Return to work process
• outline the steps the employer will take; and
• use documented individual accommodation plans,
as part of the process
OMHRA November 23, 2011
Employment
• Performance Management, Career Development and
Advancement, and Redeployment
• “shall take into account the accessibility needs of
employees with disabilities, as well as individual
accommodation plans”
OMHRA November 23, 2011
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.
• Very technical specifications – 35 pages of the
regulation plus amended regulations under the HTA
AODA Integrated Accessibility Standards: How-to Workshop
Leola W. PonNovember 23, 2011