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

AODA for Large private/not-for-profit organizations

October 4, 2013

AODA for Large private/not-for-profit

organizations

Mireille Khoraych

October 4, 2013


October 4, 2013

Overview of Presentation

• Status of AODA standards

• Integrated Accessibility Standards

• General Requirements

• Information and Communications

• Employment

• Transportation

• Built Environment

• Compliance and Implementation Strategies


October 4, 2013

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


October 4, 2013

Status of AODA Standards


• 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+)


October 4, 2013

Status of AODA Standards


• 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


October 4, 2013

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


October 4, 2013

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


October 4, 2013

Select General Obligations

• Accessibility policies

• Accessibility plans

• Training

• Accessibility reports and self-serve kiosks


October 4, 2013

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


October 4, 2013

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


October 4, 2013

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


October 4, 2013

Accessibility Plans – Timelines






Small private/not-for-profit sector organizations No obligation to comply with

this standard.


October 4, 2013

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


October 4, 2013

General Training – Timelines








October 4, 2013

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


October 4, 2013

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.


October 4, 2013

Accessible Formats and Communication

Supports – Timelines








October 4, 2013

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


October 4, 2013

Feedback Processes – Timelines








October 4, 2013

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


October 4, 2013

Websites and Web Content – Timelines

Category of Organization Standard Compliance Date

Large designated public

sector organizations

Small designated public


Large private/not-for-profit


New internet websites and

web content – to WCAG

2.0, Level A

All internet websites and

web content – to WCAG

2.0, Level AA (some

exceptions)

January 1, 2014

January 1, 2021

Small private/not-for-profit


N/A N/A


October 4, 2013

Employment

• Much up-front work on policy development and

training

• More formalized and proactive approach to

disability management

• Ongoing administrative requirements


October 4, 2013

Employment – Timelines








October 4, 2013

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.


October 4, 2013

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


October 4, 2013

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


October 4, 2013

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


October 4, 2013

Return to Work Process

• Employers must develop a written process that

applies to employees returning from a disability-

related 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


October 4, 2013

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


October 4, 2013

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


October 4, 2013

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


October 4, 2013

Built Environment – Timelines








October 4, 2013

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


October 4, 2013

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


October 4, 2013


• 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


October 4, 2013


• 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


October 4, 2013


• Review the IAS and note specific requirements

and timelines

• Audit your applicable policies and practices

• Develop an action plan to implement the required

changes


October 4, 2013

AODA for Large private/not-for-profit

organizations

Mireille Khoraych

October 4, 2013

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

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