accessibility training - cornwallmail.cornwall.ca/active/development/egenda.nsf... · 6...

2015

Accessibility Training

2 Accessibility Training

Accessibility Training

Table of Contents

Part A – Accessible Customer Service Regulation

1. Purpose of the Act ........................................................................................... 5

2. Requirements of the Customer Service Standard ........................................... 7

3. Types of Disabilities ........................................................................................ 8

a. Deaf, Deafened, Oral Deaf and Hard of Hearing ...................................... 8

b. Deafblind ................................................................................................... 9

c. Developmental or Intellectual Disabilities ................................................. 9

d. Learning Disabilities ................................................................................ 10

e. Mental Health Disabilities ........................................................................ 11

f. Physical Disabilities and Disabilities Affecting Mobility ........................... 12

g. Speech or Language Impairments .......................................................... 12

h. Vision Disabilities .................................................................................... 13

4. Service Animals............................................................................................. 14

5. Support Persons............................................................................................ 14

6. Assistive Devices .......................................................................................... 15

7. Services Temporarily not Available ............................................................... 16

8. Four Key Principles ....................................................................................... 17

9. Words to Use ................................................................................................. 17


Part B - Integrated Accessibility Service Standards

1. Information and Communications Standard .................................................. 24

a. Accessible Formats and Communication Supports ................................ 24

b. Feedback Processes ............................................................................... 26

c. Emergency Procedures, Plans or Public Safety Information .................. 27

d. Accessible Websites and Web Content .................................................. 27

e. Educational and Training Institutions ...................................................... 28

f. Public Libraries ........................................................................................ 29

2. Employment Standard ................................................................................... 29

a. Informing Employees of Supports ........................................................... 30

b. Accessible Recruitment Process............................................................. 30

c. Documented Individual Accommodations Plans ..................................... 32

d. Workplace Emergency Response Information ........................................ 33

e. Performance Management, Career Development and Redeployment ... 33

f. Return to Work Process .......................................................................... 34

3. The Transportation Standard ........................................................................ 35

a. Duties of Municipalities: Taxicabs ........................................................... 37

b. Duties of Municipalities: Bus Stops and Shelters .................................... 37

4. Design of Public Spaces Standard ................................................................ 38


Part C - Ontario Human Rights Code

1. The Code ....................................................................................................... 43

2. Understanding the Need to Accommodate ................................................... 44

3. Applying Human Rights Principals ................................................................ 47

4. Compliance and Enforcement ....................................................................... 49


Part 1 Accessible Customer Service Standard Regulation

1. Purpose of the Act

Standards have been and are being developed in the following key areas:

• Goods

• Services

• Facilities

• Accommodations

• Employment

• Buildings

• Structures

• Premises

What does this change mean?

• More opportunities

• Greater contributions and involvement of people with disabilities

• Preparation for the future

Take a minute to think about what this change is going to mean for you and

coworkers and for our organization. Can you imagine what an accessible Ontario

might look like?

Think for a moment about where you travel, live and work and what these places

might look like without barriers. When everyone has access to places, people

and experiences, we all benefit. In this case we benefit from the contributions,

involvement and spending power of people with disabilities.

Greater accessibility will help prepare Ontario for the future. Our population is

aging, so the number of people with disabilities will increase.


Some people see disabilities as the barrier to full involvement in life. But,

actually, it is the environment that presents barriers. For example, having

stereotypes about people with disabilities is a major barrier…an attitudinal

barrier. There are sometimes physical barriers in the environment. Sometimes

certain systems and processes create barriers.

These barriers can be based on certain ideas of what the human experience

should be like. So, it is the environment that presents barriers for people with

disabilities and not the disabilities.

The Customer Service Standard is the first standard developed under the Act.

Other Standards cover the following:

• Information and Communication

• Employment

• Transportation

• Public Spaces

The Accessibility for Ontarians with Disabilities Act is about setting Standards in

areas of living that pose major barriers to people with disabilities.

The vision behind the Act is to achieve accessibility for Ontarians with disabilities

by 2025.

The Customer Service Standard became law on January 1, 2008 . The Standard

applies to all people and organizations that

• are designated in the regulation

or

• provide goods or services to the public or other businesses and

organizations (known as third parties)

• have at least one employee in Ontario

The goal of the Standard is for every business and organization to provide

service to their customers in a way that is accessible to people with all types of

disabilities. Businesses and organizations that must comply with the Standard

will be called “Providers” for short.


2. Requirements of the Customer Service Standard

There are a number of legal requirements under the Standard. To comply,

businesses and organizations must:

• Set up policies, practices and procedures on providing goods or services

to people with disabilities.

• Make reasonable efforts to ensure that policies, practices and procedures

are consistent with the key principles of independence, dignity, integration

and equality of opportunity.

• Have a policy about the use of assistive devices by people with disabilities.

• Communicate with a person with a disability in a manner that takes into

account his or her disability.

• Let people with disabilities bring their service animals onto the parts of the

premises open to the public or third parties except in some situations.

• Let people with disabilities bring their support persons with them when

accessing goods or services.

• If your organization charges an admission fee, let people know ahead of

time what, if any, admission will be charged for a support person.

• Let the public know when facilities or services that people with disabilities

usually use to access their goods and services are temporarily not

available.

• Ensure that your staff receives training on how to serve people with

disabilities, including staff involved in developing customer service policies,

practices and procedures and staff who are likely to interact with

customers.

• Receive feedback and let people know how feedback will be responded to

and what action will be taken on any complaints. Make the information

about the feedback process readily available to the public.


Here are some things to keep in mind when serving customers with disabilities:

• If you are not sure what to do, ask your customer, "May I help you?" Your

customers with disabilities know if they need help and they know how you

can provide it.

• Speak directly to your customer.

• Not everybody with the same disability experiences the same things. Don’t

make assumptions about the types of disability a person has. Your

customers are not required to tell you about their disabilities.

• Take the time to get to know your customer’s needs and focus on meeting

those needs just like you would with any other

customer. Some disabilities are not visible.

• All customers have a range of needs and preferences and so do your

customers with disabilities.

• If you cannot understand what your customer is saying, politely ask him or

her to repeat it.

• You may want to ask if the information you are conveying needs to be

repeated. Ask: “Do you understand this?”

• Exercise patience.

3. Types of Disabilities

a. Deaf, Deafened, Oral Deaf and Hard of Hearing

People who experience hearing loss may be deaf, oral deaf, deafened or hard

of hearing. People experiencing hearing loss may use assistive devices like

hearing aids, special telephones, sign language interpreters, various

amplifiers or a pen and paper.


Here are suggested ways to serve customers with hearing loss:

• Attract the customer’s attention before speaking. For example, try a

gentle touch on the shoulder or wave of your hand.

• Don’t shout.

• Make sure you are in a well-lit area where your customer can see your

face.

• If the person uses a hearing aid, reduce background

noise or move to a quieter area.

b. Deafblind

A person who is deafblind cannot see or hear to some degree. Many people

who are deafblind will be accompanied by an intervenor, a professional who

helps with communicating. Intervenors are trained in special sign language

that involves touching the hands of the client in a two-hand, manual alphabet

or finger spelling.

Keep these suggestions in mind when you serve a customer who is deafblind:

• Speak directly to your customer, not to the intervenor.

• Identify yourself to the intervenor when you approach your customer

who is deafblind.

• A customer who is deafblind is likely to explain to you how to

communicate with them or give you an assistance card or a

note explaining how to communicate with them.

c. Developmental or Intellectual Disabilities

Developmental or intellectual disabilities can mildly or profoundly limit a

person’s ability to learn, communicate, do everyday physical activities and live

independently.

You may not be able to know that someone has this disability unless you are

told or you notice the way the person acts, asks questions or uses body

language. However, they may understand you more than you realize.


An example of a developmental disability would be Down Syndrome.

Here is some guidance:

• Do not assume what a person can or cannot do.

• Use plain language.

• Make sure your customer understands what you have said. You can be

direct and ask: “Do you understand this?”

• Provide one piece of information at a time. You can break down the

information into simpler concepts, without exaggerating speech or

gestures or being patronizing.

• You may want to ask if the information needs to be repeated.

d. Learning Disabilities

Learning disabilities refers to a variety of disorders that affect how a

person acquires, retains or takes in information. People with learning

disabilities just learn differently. Learning disabilities affect people from all

backgrounds and are not caused by culture, language or a lack of

motivation.

Learning disabilities are specific impairments that can result in problems

with reading and language-based learning (dyslexia), problems with

mathematics (dyscalculia) or problems with writing and fine motor skills

(dysgraphia).

This disability may become apparent in your customer service interaction

when the person has difficulty reading material or taking in and processing

the information you are providing.

Here are some tips:

• Take some time. People with some learning disabilities may take a

little longer to process, understand and respond.


• Provide information in a way that works for your customer. For

example, keep a pen and paper handy. That way, you can explain,

and then review and repeat the information using your notes. If

you’re discussing confidential information, consider giving the notes

to your customer or offering to destroy them.

• Be prepared to explain any materials you provide for your

customers.

e. Mental Health Disabilities

The important thing to remember with mental health disabilities is to focus

on completing the transaction in a calm, patient way and meeting the

customer’s needs.

Mental health issues can affect a person’s ability to think clearly,

concentrate or remember. “Mental health disability” is a broad classification

for many disorders that can range in severity. Customers may experience

anxiety due to phobias or a panic disorder. Hallucinations, mood swings

and a deep lack of motivation may be signs of a mental health disability.

A person may have a clinical depression or bipolar disorder.

The major barrier for people with mental health disabilities is the stigma

associated with it and the lack of understanding.

Here are some suggestions:

• Be confident and reassuring. As with all customers, listen carefully

and focus on meeting the customer’s needs.

• If the person appears to be in a crisis, ask them to tell you the best

way to help.

• If a customer appears to show signs of a mental health disability, it

may be helpful to keep in mind that the customer’s reactions are not

connected to you personally, as a service provider. The customer

may simply be showing symptoms of mental illness.

One in five people in Ontario will experience a mental health issue at some

point in their lives.


f. Physical Disabilities and Disabilities Affecting Mobility

The common image of someone with a physical disability who uses a

wheelchair is a stereotype. For example, physical disabilities can result

from arthritis, heart or lung conditions or amputations.

Here are some tips:

• People with physical disabilities often have their own ways of doing

things, so it is a good idea to ask before you help.

• Respect your customer’s personal space. Don’t lean over them or

on an assistive device.

• Don’t move items or equipment, such as canes or

walkers, out of the person’s reach.

• If you have permission to move a person in a wheelchair, remember

to make sure your customer is ready to be moved and that you

describe what you are going to do beforehand. Don’t leave the

individual in an awkward, dangerous or undignified position such as

facing a wall or in the path of opening doors.

• In some situations, inform your customer of the accessible features

in the immediate environment (automatic doors, accessible

washrooms, elevators, ramps, etc.).

g. Speech or Language Impairments

Cerebral palsy, stuttering, hearing loss or other conditions may make it

difficult for the person to pronounce words or may cause slurring or

stuttering.

Here are a few pointers:

• Do not assume that, just because a person has this disability, they

also have another.


• Give your customer whatever time they need to get their point

across. If appropriate, offer to move to a more comfortable location.

• Ask questions that can be answered “yes” or “no” if possible.

• Don’t interrupt or finish your customer’s

sentences. Give them time to finish.

h. Vision Disabilities

Few people who are blind have no vision.

According to CNIB, nine out of ten people who come to CNIB have some

degree of vision.

Three million Canadians have difficulty reading conventional text.

Vision loss can restrict someone’s ability to read signs, locate landmarks or

see hazards. Some customers may use a guide dog or white cane and

others may not. Some customers simply need to view written materials

like documents, receipts, menus, brochures, instructions or labels in large

print or with the help of a magnifier.

Serving customers with vision loss:

• Do not assume the individual can't see you.

• Identify yourself when you approach your customer and speak

directly to him or her.

• Offer your elbow to guide the person. If they accept, walk slowly, but

wait for permission before doing so.

• Identify landmarks or other details to orient your customer to the

environment around them.

• If you are giving directions or providing any information, be precise

and descriptive. For example, if you are approaching a door or an

obstacle, say so.


• Do not leave your customer in the middle of a room. Guide them to

a chair or a comfortable location. Do not walk away without

letting your customer know.

4. Service Animals

You have probably seen someone with vision loss who uses a guide dog. There

are other types of service animals who help people with other disabilities as well.

Hearing alert animals help people who are deaf, oral deaf, deafened or hard of

hearing.

Some service animals are trained to alert an individual to an oncoming seizure

and some service animals are trained to assist people with:

• Autism

• Mental health disabilities

• Physical disabilities

• Other disabilities

You might recognize service animals when they wear a harness or a sign, or

when they are helping someone. Their owner might carry a certificate or a letter

from a doctor or nurse that states that the individual requires the use of a service

animal because of a disability. You can ask to see such a document. You might

also observe the animal helping someone by opening doors or alerting them to

certain sounds.

• The customer is responsible for the care and supervision of the service

animal.

• Avoid touching, talking to or making eye contact with the service animal:

they are working animals and need to stay focused.

5. Support Persons

Some people with disabilities that you encounter will be accompanied by a

support person.


A support person can be a personal support worker, a volunteer, a family

member or a friend of the person with a disability. A support person might help

your customer with a variety of things from communicating to helping with

mobility, personal care or medical needs.

According to the Regulation, support persons must be allowed to accompany an

individual with a disability to any part of your organization that is open to the

public or to third parties.

A customer with a disability might not introduce their support person. If you are

not sure which person is the customer, you could take your lead from the person

using or requesting your goods or services or simply ask. Once you have

determined who your customer is, speak directly to him or her not to the support

person.

It is also good practice to confirm with your client or customer that they want the

support person to be present while confidential matters are being discussed.

6. Assistive Devices

Most assistive devices used by people with disabilities are “personal assistive

devices”. They belong to the person using them and they are part of that

person’s personal space.

It is inappropriate to lean on or reach over them. Also, it would not be a good

practice to restrict anyone from moving around by holding onto the person’s

personal assistive device.

There are many assistive devices that you will not even notice at first glance,

such as a hearing aid. Some aren’t used all the time, like a speech amplification

device or a white cane.

Consider the assistive devices in your operation that may help with the provision

of goods or services to customers with disabilities. The Standard says that you

must be trained on how to use them. Ideally, you should have instruction

manuals handy, perhaps a summary instruction sheet.


Elevators, escalators and automatic door openers are assistive devices.

One of the more common assistive devices is a TTY line.

TTY stands for Teletypewriter, a type of telephone that allows callers to send

typed messages to each other across phone lines.

TTY users can directly call other TTY numbers or they can connect with a Relay

Service. A standard phone user can also place a call to a TTY user through the

Relay operator. You give the operator your name, the name of the person you

are calling, and the number you wish to reach. Using the Relay Service locally is

free. For long-distance, any standard long-distance charges would apply.

Other Assistive Devices include:

• Keyboard

• Pen and paper

• Pointing device

• Information in braille

• Automatic door opener

• Hearing and amplification devices

7. Services Temporarily not Available

Under the Standard, you must provide notification when services are temporarily

not available.

Sometimes, your customers will have difficulty accessing your services. Most

customers have specific needs or preferences.

Being positive, flexible and open to suggestions will help to create a good

customer experience.

If you notice that your customer is having difficulty accessing your services, a

good starting point is to ask how you can best help them.

Often, there are simple solutions. For example, your customer is deaf and does

not have a sign language interpreter. You could ask him, in writing, if using a

pen and paper would be a good way to serve him.


Perhaps your customer cannot reach some of the flyers or pamphlets in your

office because the displays and counters are too high. You could offer to bring

the products to him or her.

If the documents in your office are unreadable to someone with vision loss, you

could offer to read it aloud or to print it or copy it in a larger font.

Be prepared to help with doors if your building does not have automatic door

openers.

8. Four Key Principles

Provide consistent customer service to persons with disabilities by putting into

practice these four key principles:

• Independence

• Dignity

• Integration

• Equal opportunity

9. Words to Use

Instead of Please use

Afflicted by cerebral palsy,

multiple sclerosis, arthritis,

etc.

Person who has cerebral palsy.

Person who has multiple sclerosis.

Person who has arthritis, etc.

Person with a disability.

Aged (the) Seniors

Autistic A person with autism.

A person who has autism.

Birth defect, congenital

defect, deformity

A person who has a congenital disability.

A person with a disability since birth.


Blind (the), visually impaired

(the)

A person who is blind.

A person with a vision disability.

A person with vision loss.

A person with a visual impairment

A person with low vision.

Brain damaged A person with a brain injury.

A person with a head injury.

Confined to a wheelchair,

wheelchair bound

A person who uses a wheelchair.

Crazy, insane, lunatic,

psycho, mental, mental

patient, maniac, neurotic,

psychotic, unsound mind,

schizophrenic

A person with a mental health disability.

A person who has depression.

A person with schizophrenia.

Cripple, crippled, lame A person with a disability.

A person with a mobility impairment or,

more specifically, a person who walks with

crutches.

A person who uses a walker.

A person who uses a mobility aid.

A person with arthritis, etc.

Deaf (the), hearing impaired

(the)

A person who is deaf (person with profound

hearing loss who communicates using sign

language.)

A person who is deafened (deaf later in life.)

A person who is hard of hearing (person

with hearing loss who communicates

primarily by speech.)


Deaf (the), hearing impaired

(the)

A person with a hearing loss.

When referring to the deaf community and

their culture (whose preferred mode of

communication is sign language) it is

acceptable to use "the Deaf."

Deaf and dumb, deaf mute A person who is deaf without speech.

Deaf-Blind (the) Person who is deaf-blind (person who has

any combination of visual and auditory

impairments.)

Differently Abled A person with a disability.

Disabled (the) People with disabilities.

Elderly (the) Seniors, older adults.

Epileptic Person who has epilepsy.

Fits, spells, attacks Seizures.

Handicapped (the) Person with a disability.

The term handicapped may be used when

referring to an environmental or attitudinal

barrier as in "a person who is handicapped

by a set of stairs leading to the entrance."

Invalid Person with a disability.


Learning disabled, learning

disordered, the dyslexics

A person with a learning disability or people

with learning disabilities

Mentally retarded, idiot,

simple, retarded, feeble

minded, imbecile

A person with an intellectual disability. A

person with a developmental disability.

Midget, Dwarf A person of short stature. A person who has

a form of dwarfism. A little person. A person

diagnosed with "Achondroplasia, SED, or

what ever their specific diagnoses is", a

form of dwarfism.

Mongoloid, Mongolism Person with Down Syndrome. One can use

this terminology only when it is directly

relevant.

A person with an intellectual or

developmental disability.

Normal Person who is not disabled.

Person who is able bodied.

Specifically, a person who is sighted, a

hearing person, a person who is

ambulatory.

Patient Person with a disability.

The word patient may be used when

referring to a relationship between and

medical professional and a client.

Physically challenged Person with a physical disability.

Spastic Person who has muscle spasms.


Stutterer A person with a speech impairment or

impediment.

Victim of/suffers from/

stricken with cerebral palsy,

multiple sclerosis, arthritis,

etc.

Person who has cerebral palsy. Person who

has multiple sclerosis, etc. Person with a

disability.

Visually impaired (the) A person with a visual impairment.

A person with low vision.

A person with vision loss.

A person with a vision disability.


Part 2 Integrated Accessibility Standards Regulation

The Integrated Accessibility Standards Regulation sets out:

special requirements for four standards:

o employment

o information and communications

o transportation

o design of public spaces

general requirements that apply to all four

Organizations must provide training on the requirements of the Regulation as it

relates to a person’s duties and on the Ontario Human Rights Code as it relates

to people with disabilities.

Training must be provided to:

All existing and new employees and volunteers

People who participate in developing the organization’s policies

Other people who provide goods, services or facilities on behalf of the

organization

Organizations are also required to provide training when the organization’s

accessibility policies change.

All organizations, except small organizations, must keep a record of the training

provided, including the dates the training took place and the number of

individuals trained.


Organizations must develop accessibility policies describing what they do, or

intend to do, to meet the requirements of the Regulation.

These policies serve as rules that guide the organization’s everyday practices.

All organizations, other than small organizations, must also:

Document these policies in writing

Make policies publicly available and in an accessible format on request

Include a statement of the organization’s commitment to accessibility

Organizations, other than small organizations, must develop an Accessibility

Plan.

An Accessibility Plan outlines the steps that an organization will take to prevent

and remove barriers to accessibility and how the requirements of the Regulation

will be met.

Organizations, other than a small organization, must:

Establish, implement, document and maintain a multi-year Accessibility

Plan

Post the Accessibility Plan on websites and provide the Plan in an

accessible format on request

Review and update the Accessibility Plan at least once every five years

In addition:

The Government of Ontario, the Legislative Assembly and designated public

sector organizations must also:

Establish, review and update the Accessibility Plan in consultation with

people with disabilities

Prepare an annual status update on the progress in implementing the

Plan, including steps taken to comply with the requirements of the

Regulation


Publicly post the update on website and provide it in an accessible format

upon request

It’s also important to incorporate accessibility criteria into procurement and

buying practices.

Doing so can make a significant impact on preventing new accessibility barriers

and addressing existing ones.

For example, an organization might set accessibility criteria when procuring new

computer software so that it can accommodate the needs of people with vision

loss.

A self-service kiosk is an interactive electronic terminal, such as a point-of-sale

device used at a grocery store checkout or to pay for a fare or parking.

People with disabilities should be able to use a self-service kiosk as

independently and securely as possible.

When determining accessibility features to include in the design or purchase of a

kiosk, one may want to consider including an alternate (non-visual) way to use it,

such as a tactile keyboard and audio instructions.

1. Information and Communications Standard

The Information and Communications Standard establishes processes that

businesses and organizations in Ontario must follow to create, provide and

receive information and communications in ways that are accessible to people

with disabilities.

a. Accessible Formats and Communication Supports

When requested, one must provide information and communications in

an accessible manner to people with disabilities.

Alternatives to standard print are often referred to as accessible formats

and ways to help communication between people are referred to as

communication supports.

When a request is received, one must consult with the person to

determine their accessibility needs.


One has the flexibility to determine the most appropriate accessible

format or communication support depending on the accessibility

needs of the person and the capability of the organization to deliver.

Accessible formats and communication supports must be provided in a

timely manner and at a cost that is not more than the regular costs

charged to other people.

Examples of alternate formats and communication supports:

Reading written information to a person directly

Large print

Text transcripts of audio or visual information

Handwritten notes instead of spoken word

Information written in plain language

An electronic document formatted to be accessible for use with a

screen reader

This requirement is about providing accessible information and

communications about goods, services or facilities offered to customers,

clients and others.

The requirement does not apply to the following:

Products and product labels

Example: A store that sells DVDs does not have to make its

products or product labels accessible, but the store must still take

into account a person’s disability when communicating with them

about their products, such as verbally informing a customer with

vision loss about their DVD selection.


Information that one does not control directly or indirectly through a

contract, unless the organization is involved in education or training

as defined in the Regulation

Information or communications that cannot be converted

There might be instances when one is unable to convert the requested

information or communication – for example, if:

The technology to convert the information is not readily available

The information may be lost in the conversion process and cannot

be conveyed in a meaningful way (i.e., visual information in an x-ray

or architectural blueprint)

When it’s not possible to convert the requested material, one needs to

provide the individual making the request with the following:

An explanation as to why the information or communications are

unconvertible

A summary of the information or communications

b. Feedback Processes

Under the Accessibility Standard for Customer Service, organizations had

to establish a customer service feedback process for receiving and

responding to feedback about how they provide goods or services to

people with disabilities.

An organization may have other types of external or internal feedback

processes – e.g., online surveys or forms, email, phone or print.

Under the Information and Communications Standard, if the organization

has feedback processes in place, one must make them accessible. This

may include:


Arranging for accessible formats and communication supports on

request

Notifying the public about the availability of accessible formats and

communication supports

c. Emergency Procedures, Plans or Public Safety Information

If the organization provides emergency procedures, plans or public safety

information to the public, one must provide these in an accessible format,

on request.

Examples of emergency information include, but are not limited to:

Emergency plans and procedures

Maps, warning signs and evacuation routes

Information given to the public about alarms or other emergency

alerts

Real-time emergency information (such as announcements and alarms) is

not included in this requirement.

d. Accessible Websites and Web Content

An organization’s website is often its primary way of sharing information,

That is why it is important that a website and web content be accessible.

An organization must conform with the international Web Content

Accessibility Guidelines (WCAG) 2.0, as outlined in the Standard.

These guidelines were developed by the World Wide Web Consortium

(W3C) and explain how to make web content more accessible to people

with disabilities.

WCAG 2.0 has different levels of compliance that determine how

accessible a site is .


e. Educational and Training Institutions

Certain sections of the Standard apply specifically to educational and

training institutions, such as:

Public and private elementary and secondary schools

Colleges and universities

Other educational and training organizations defined in the

Regulation

The following sections of the Standard apply specifically to educational and

training institutions:

Educational and training resources and materials

Training to educators

Libraries of educational and training institutions

Where available, libraries of educational or training institutions must

provide an accessible or conversion-ready format of print, digital or

multimedia resources or materials, on request.

The following are exempt from the requirements:

Special collections

Archival materials

Rare books

Donations


Producers of educational or training textbooks and print-based learning

resources who supply educational and training institutions must provide

accessible or conversion-ready versions, when requested.

Examples of producers include, but are not limited to:

Publishing companies

Universities

School boards

f. Public Libraries

Public libraries must:

Provide, or arrange to provide, accessible materials where they

exist, when requested.

Make information publicly available to inform people that materials

can be provided in an accessible format, upon request. Keep in mind

that this information needs to be accessible as well.

2. Employment Standard

The Employment Standard deals with accessibility in the employment cycle. It

addresses the processes and procedures organizations follow in recruiting and

accommodating their employees.

The Ontario Human Rights Code requires all employers to meet the

accommodation needs of employees with disabilities to the point of undue

hardship.

The Employment Standard builds on this requirement. It requires employers to

have processes in place to determine an employee’s accommodation needs.


The requirements of this Standard address key processes in the life cycle of a

job.

The Standard applies to organizations with one or more employees in Ontario

and which provide goods, services or facilities to the public or to other

organizations.

The requirements:

Apply to paid employees

Do not apply to volunteers and other non-paid individuals

a. Informing Employees of Supports

The Employment Standard requires employers to inform all employees,

both new and existing, of their accessible employment practices.

This includes, but is not limited to, policies on providing job

accommodations that take into account an employee’s accessibility needs

due to disability.

This will make all employees aware of how the organization will support

them if they have a disability or if they acquire a disability later in their

career.

b. Accessible Recruitment Process

An employment relationship with an employee typically begins through a

recruitment process.

When planning the accessible recruitment process, there are requirements

at the following three stages:

When advertising job positions

When inviting job applicants to participate in the selection process

When offering a job to a successful applicant


When advertising job positions, an organization must state that

accommodations for job applicants with disabilities are available on

request.

For example, an organization may choose to do this in all job ads, a

statement on its website or another way.

This notifies existing employees and the public that the organization will

support their participation in all aspects of the recruitment process.

When inviting job applicants to participate in the selection process, we

must state that accessibility accommodations are available on request to

support their participation.

For example, when scheduling interviews, all applicants can be asked if

any accessibility accommodations are needed for the recruitment process

but not about the need for accommodation for the job itself.

An example of an accommodation that may be requested is that material

given to candidates during the interview be provided in large print.

When offering a job to a successful applicant, one must inform them of the

organization’s policies on accommodating employees with disabilities.

This could be provided verbally, in person, by email or in an offer letter.

Once hired, employees may request accessible formats and

communication supports.

This requirement is similar to those in the Information and Communications

Standard.

Employers must consult with employees to determine their accessibility

needs and how best to accommodate them.

Accessible formats and communication supports can be requested for:

Information required for the employee to perform their job

Information generally available to all employees


Examples of accessible formats or communication supports that an

employee may require include:

Access to the use of software such as a screen reader

Documents in an electronic format

Text transcripts of visual or audio information

c. Documented Individual Accommodations Plans

The Standard requires all employers (except small organizations) to have

a written process to document individual accommodation plans for

employees with disabilities.

This will help organizations have a clear and consistent approach for

accommodating employees with disabilities.

An individual accommodation plan is a formal way to record and review the

workplace-related accommodations that will be provided to an employee

with a disability.

Employers must work with an employee with a disability to find the

appropriate accommodation to meet the individual’s accommodation needs

For example, an accommodation might include the need to provide screen

reader software for a computer.

The Standard specifies a number of elements that must be included in the

process for developing documented individual accommodation plans,

including:

How the employee can participate in the process

How the employer can seek outside expert advice to help determine

an employee’s accommodation needs

How the privacy of personal information will be protected

How often the plan will be reviewed


d. Workplace Emergency Response Information

Individualized emergency response information can help both employees

with disabilities and organizations prepare for various emergencies such

as fire, power outages or severe weather.

For example, an employee who cannot hear a fire alarm will need to know

how and when to safely exit the building in the event of a fire.

Every employer must provide individualized workplace emergency

response information to employees with disabilities if:

The disability makes it necessary

The employer is aware of the need

With the employee’s consent, one must ensure the information is shared

with anyone designated to help them in an emergency.

This emergency response information must be reviewed when:

The employee moves to a different location in the organization

The employee’s overall accommodation needs or plan are reviewed

The organization’s emergency response policies are reviewed

e. Performance Management, Career Development and

Redeployment

The Standard also includes requirements for:

Performance management

Career development

Redeployment


The Standard requires that these processes take into account the

accessibility needs of employees with disabilities and their individual

accommodation plans.

These requirements apply only if the organization currently has such

processes in place. Organizations are not required to establish these

processes if they don’t exist.

f. Return to Work Process

An employee with a disability may sometimes need to take time off work

for a treatment, recovery or other reasons.

In addition, a disability such as an injury or illness can happen at any time

and to any of us.

That is why the Standard requires all employers (except small

organizations) to develop a process that supports employees who have

been absent due to a disability and who require disability-related

accommodations when they return to work.

The return to work process must:

Be documented and outline the steps that will be taken to facilitate

an employee’s return to work

Use documented individual accommodation plans

The return to work process does not replace or override any other return to

work processes created under any other law.


3. Transportation Standard

The Transportation Standard applies to conventional and specialized public

transportation providers that operate solely in Ontario. These include:

Conventional transportation services such as:

Transit buses

Motor coaches

Rail-based transportation (e.g., subways, commuter trains, etc.)

Specialized transportation services for people with disabilities.

The Transportation Standard also applies to:

Other transportation services provided by

o Public school boards

o Hospitals

o Colleges

o Universities

Municipalities, including those that license taxicabs or that provide

conventional transportation services

Certain ferries

There are transportation service providers that don’t have to comply. Those

who may be exempt from compliance include:

Limousines and town cars

Shuttle vehicles, for example, at airports, hotels or casinos

Faith-based organization vehicles


Tour buses and tour/charter boats

Private school transportation

Rides and trolleys/trams (as in amusement parks)

Federally regulated transportation services such as airlines, VIA Rail

and Greyhound

There are some requirements common to both conventional and specialized

transportation service providers, such as:

Making information available to the public on accessibility equipment

and features of their vehicles, routes and services

Providing accessibility training to employees and volunteers

Not charging a fare to a support person accompanying a person with a

disability when that person requires a support person

Meeting additional transportation-specific requirements in their

accessibility plans

Public school boards (as defined in the Regulation) that provide transportation

services for students must provide integrated accessible school transportation

services.

If that is not possible or if it is not the best option for a student because of the

nature of his or her disability or safety concerns, the school board must

provide appropriate alternative accessible transportation services.

Public school boards must also develop individual school transportation plans

for each student with a disability.


When requested, hospitals, colleges and universities that provide

transportation services, such as shuttle buses, must provide accessible

vehicles or equivalent services.

Operators of ferries (as defined in the Regulation) must meet specific

requirements found under the Transportation Standard, as well as under the

federal “Ferry Accessibility for Persons with Disabilities” Code of Practice.

a. Duties of Municipalities: Taxicabs

Municipalities must consult with their Accessibility Advisory Committee, if

one has been established, the public and people with disabilities to

determine the proportion of on-demand accessible taxicabs required in the

community.

Municipalities that license taxicabs must ensure that owners and operators

of taxicabs meet specific requirements, which include:

Not charging higher fares or additional fees to a person with a

disability

Placing vehicle registration and identification information on the rear

bumper

Making available vehicle registration and identification information to

people with disabilities in an accessible format (e.g., by keeping a

large print and Braille copy of the information on hand)

b. Duties of Municipalities: Bus Stops and Shelters

Municipalities that offer conventional transportation services must consult

on and plan for, accessible bus stops and shelters in their community.


To determine what is needed to make bus stops and shelters more

accessible, municipalities must consult with:

Their Accessibility Advisory Committee, if one has been established

The public

People with disabilities

Any planning or steps to meet the goal of accessible bus stops and

shelters must be included in the municipality’s accessibility plan.

4. Design of Public Spaces Standard

The Design of Public Spaces Standard sets requirements for specific features of

our physical environment that will make it easier for people with disabilities to

move through, use and enjoy what our communities have to offer.

Accessible public spaces make it easier for people with disabilities to move

through and use the environment.

The requirements of the Standard are divided into seven sections:

Recreational trails and beach access routes

Outdoor public use eating areas, like those found at rest stops or picnic

grounds

Outdoor play spaces

Exterior paths of travel (sidewalks or walkways) and their associated

elements, such as ramps, stairs, curb ramps, rest areas and accessible

pedestrian signals


Accessible off-street and on-street parking spaces

Obtaining services (service counters, fixed queuing guides and waiting

areas)

Maintenance planning

Infrastructure and Municipal Works staff receive training in the following areas as

it relates to their duties

The Standard requires organizations to incorporate accessibility when:

Building new public spaces

Making planned significant alterations to existing public spaces

Organizations are not required to retrofit public spaces to meet the requirements.

This means that organizations are not required to alter their public spaces if they

have no plans to do so.

Accessibility for elements related to buildings, for example, building entrances,

washrooms and barrier-free paths of travel, are not addressed in this Standard.

It is important to remember that the General Requirements section of the

Regulation includes requirements that may be relevant to the Design of Public

Spaces Standard. For example:

All organizations with accessibility plan requirements must make sure that

their multi-year accessibility plan outlines how their requirements under the

Regulation (including the Design of Public Spaces Standard) will be met

Designated public sector organizations are required, except where not

practicable to do so, to “incorporate accessibility design, criteria and

features when procuring or acquiring goods, services or facilities”, which

may be relevant to the accessibility features of public spaces, such as

outdoor play spaces or outdoor public use eating areas


The Standard states that the organization that must comply with the

requirements is the one that has authority or approval to build on or make

planned significant alterations to the public space, but not necessarily an

organization that may have approved the construction or otherwise have an

interest in the property .

This may not necessarily be the owner of the land, but could be the lease-holder

or operator. Here are some examples:

A municipality may decide to build a public parking garage on land that it

owns and a private construction company carries out this work on its

behalf. The organization responsible for compliance with the requirements

for accessible parking would be the municipality

An organization may lease an unused parcel of land to another

organization that then decides to build and maintain a recreational trail on

it. The organization responsible for compliance with the requirements for

trails on the land would be the lease-holder and not the land owner

If an organization has entered into a contract on or before December 31, 2012 to

build a new or make planned significant alterations to an existing public space

and the contract does not meet the requirements of the Standard, the

requirements do not have to be met in honouring the contract. Despite this

exemption, organizations are encouraged to meet the requirements of the Design

of Public Spaces Standard wherever possible.


Part 3 Working Together: The Code and the AODA

In this section, you will learn about your rights and responsibilities under the Code and the AODA and how they affect you at work, in services and in housing. You will also learn how the Code applies to people with disabilities and about our organization’s duty to accommodate.

The Ontario Human Rights Code is called “the Code”.

The Accessibility for Ontarians with Disabilities Act is called “the AODA”.

The Integrated Accessibility Standards Regulation is called “the IASR”.

They are all laws you must follow.

This section describes our organization’s rights and responsibilities under the

Code and the AODA Standards, as well as how they work together.

The IASR under the AODA requires training about the Code and how it helps

people with disabilities.

The Code has primacy. This means that Ontario laws (with a few exceptions)

have to follow the Code. Its goal is to provide for equal rights so as to create a

climate of respect where everyone feels part of the community and can

contribute fully.

The Code says people with disabilities must be free from discrimination where

they work, live and receive services, and their needs must be accommodated.

The goal of the AODA is for Ontario to be accessible by 2025, by removing and

preventing barriers so that people with disabilities can participate more fully in

communities.

As part of the AODA, the Government of Ontario is developing and enforcing

mandatory province-wide accessibility standards in key areas of daily life. The

first regulation under the AODA was the customer service standard. The next

four standards: Information and Communications, Employment, Transportation


and Design of Public Spaced are contained in one Regulation called the

Integrated Accessibility Standards Regulation or IASR for short.

The Code and the AODA work together in various ways to promote equality and

accessibility.

The Code has primacy. It overrides the AODA and other provincial laws when

there is a conflict. In fact, the AODA states that if there’s a conflict between it and

any other Act or Regulation, the law offering the higher level of accessibility

comes first.

The Code and the AODA are both provincial laws, and both use the same

definition of disability. They do not apply to the Federal Government and

federally-regulated organizations like banks, airlines and interprovincial

transportation companies…these are covered by the Canadian Human Rights

Act.

While the Code and the AODA work together, they have some important

differences. Under the Code, when a person with a disability needs

accommodation, there is a duty to accommodate. This means organizations may

need to provide an individualized response to an accommodation request. The

Code applies to all Ontario organizations regardless of type and size. This

includes “owner-operator” organizations without employees. It also covers

volunteers and unpaid workers.

The AODA sets Accessibility Standards that organizations must meet. The

human rights principles of the Code help to inform and guide how AODA

standards are to be met. The AODA Standards apply to all organizations (public,

private and not-for-profit) with one or more employees in Ontario. Requirements

depend on an organization’s type and size.

The AODA Standards do not limit or replace the requirements of the Code or any

other law. Meeting AODA Standards does not guarantee that an organization has

met Code requirements or that the organization will not receive human rights

complaints, but it may lower the risk of complaints.


1. The Code

The Code offers protection of rights, equal opportunity and freedom from

discrimination. It applies to jobs, housing, and services and states that

employers, landlords, and service providers must accommodate people with

disabilities to the point of undue hardship.

Employers must accommodate employees when they cannot perform all of the

duties of the job because of their disabilities. For example, if an employee with

low vision has a job requiring her to work on a computer, accommodating her

needs might include supplying appropriate computer technology.

Accommodation means not denying people jobs or services in the first place if

they can be accommodated to the point of undue hardship Changes to an

organization’s policies and practices or staff training so that discrimination

doesn’t recur may be required.

The Code is not meant to punish. When discrimination happens, the goal is to fix

the situation to provide equal opportunity for the person with a disability. The

Code promotes educating and working with organizations to make changes that

prevent discrimination and harassment.

Many people think of disabilities as noticeable physical disabilities such as

someone using a wheelchair. But not all disabilities are visible and you can not

always tell who has a disability.

In the Code, disabilities can include physical limitations, mental health, cognitive

or intellectual development, learning, hearing or vision. They also can include

epilepsy, substance addictions, environmental sensitivities and workplace

injuries.

The Code protects people from discrimination and harassment because of past,

present or perceived disabilities.

A disability itself is not a barrier, but barriers exist that can exclude people with

disabilities. These include physical barriers, information and communication

barriers, systemic barriers or attitudinal barriers.


Barriers to accessibility prevent people with disabilities from fully taking part in

the social and economic life of our communities.

Physical barriers include things like providing steps but no ramps or elevators.

Information and communication barriers can make it difficult for people to receive

or give information, such as using unclear language or print that is too small.

Systemic barriers can result from stereotypes or established practices, such as

inflexible work hours that do not coordinate with specialized transit bus

schedules.

And attitude can be the biggest barrier. “Ableism” is a tendency to see people

with disabilities as less worthy, underestimating their potential or excluding them

from decisions that affect them.

Organizations should try to identify and remove barriers before problems arise

instead of waiting to answer individual accommodation requests or complaints.

You can also avoid creating barriers altogether through inclusive planning and

design.

For example, when setting up a new web-site, it should be designed for people

who have sight and hearing disabilities.

2. Understanding the Need to Accommodate

Accommodating the individual needs of people with disabilities is a legal duty

under the Code. This allows people to benefit equally and take part fully in the

workplace, housing, and other services. The most appropriate accommodation is

the one that best meets the individual needs of the person with a disability. You

are only exempt if it would cause undue hardship…a very high test. There is no

set formula for accommodation. Some accommodations can benefit many people

but what works for one person may not work for others. You must consider

individual needs each time a person asks to be accommodated.


Examples of accommodation include:

Providing printed material in alternative formats such as electronic files,

large print or Braille

Providing sign language interpreters or real-time captioning for people who

are deaf or hard of hearing

Offering flexible work hours or break times

Modifying job duties, retraining, or offering alternative work

Installing automatic door openers and accessible washrooms

Accommodation does not have to be provided if it causes undue hardship.

Undue hardship is the legal limit of the duty to accommodate. It refers to

situations where severe negative effects outweigh the benefit of providing

accommodation. Three factors are used to determine undue hardship:

Costs…renovating an older building to make it accessible may be too

costly for a small business. If the business must reduce staff or hours to

provide the accommodation, then it may be able to claim undue hardship.

Are there external funding sources, such as grants or tax breaks, to reduce

the accommodation costs?

Health and safety considerations

For example, there may be undue hardship if the accommodation violates

occupational health and safety regulations.

Employers must try to keep all workers safe and still accommodate the needs of

the worker with a disability.

If a significant risk remains for others, it will be undue hardship.

If a significant risk remains only for the worker with a disability, they might have

the right to accept the risk.


The courts have set a very high standard of proof. You must provide clear

evidence if you are claiming undue hardship.

Employers have a duty to accommodate the employee as fully and as promptly

as possible in his or her job.

Modifying job duties might be appropriate in some cases.

If accommodation in the original job is not possible or would cause undue

hardship, consider other available jobs or re-training opportunities that could

accommodate the employee in another job.

We may be held liable if our organization fails to take steps over time to

accommodate employee needs.

Everyone involved must take part in the accommodation process. Sometimes

outside experts can help too.

If you need an accommodation:

Tell your employer, union, landlord or service provider about any needs

related to your disability and your job duties, tenancy or the services being

provided

Provide supporting information about your disability-related needs

including medical or other expert opinions where required

Get involved in seeking accommodation solutions to the best of your ability

An employer, union, landlord or service provider must:

Accept requests for accommodation in good faith

Act promptly, even if it means creating a temporary solution before a long-

term one can be put in place

Ask only for information needed to provide the accommodation


For example, you may need to know that someone with vision loss is unable to

read printed material but not how or why she lost her vision.

Actively seek appropriate accommodation solutions and ask for expert help

if needed

Cooperate with other parties where necessary

Respect the dignity and privacy of the person asking for accommodation,

and make sure the accommodation process doesn’t lead to reprisals

against that person

Cover the costs of accommodations, such as any needed medical or other

expert opinions or documents, to the point of undue hardship

3. Applying Human Rights Principals

Organizations should follow human rights principles and Code obligations when

implementing the AODA standards. Keep these points in mind:

Do not create new barriers: do not make changes to facilities, services,

goods, technology, or procedures that reinforce or create new barriers.

Design inclusively: make choices that work for as many people as

possible, especially those with disabilities, while meeting individual needs.

Favour integration over segregation: usually the best accommodations

allow people with disabilities to participate in similar ways with everyone

else.

Equal outcomes sometimes require different treatment: different or

separate accommodations may be necessary to help people do their jobs

or access services.

Involve those who need accommodations in exploring solutions: they often

know what works best for them


Make sure the process and solutions meet the individuals’ needs and

promote privacy, dignity, and respect.

Spread out accessibility costs: people with disabilities should not face extra

costs for accommodations they need to do their job or receive a service

Accessibility should be factored in as part of the overall cost of doing

business

The Code and AODA Accessibility Standards are laws that work together to

promote equality and accessibility in Ontario.

Under the Code, employers must consider disability-related accommodation

requests and provide timely accommodation, from recruiting and hiring through to

retirement or dismissal.

The Employment Standard of the Integrated Accessibility Standards Regulation

builds on these requirements.

Organizations must set up processes to address employee accommodation

needs at all stages of their employment.

Except for small organizations, employers must have a written process to

document an employee’s accommodation needs in an individual accommodation

plan. This important step helps ensure that all the necessary people are involved,

the right steps are taken and the best possible solutions are considered and put

in place.

The Information and Communications Standard and the Transportation Standard

of the IASR also complement the Code’s duty-to-accommodate requirement. As

you implement the Accessibility Standards, please keep in mind the Code

principles and requirements you’ve learned in this training.


4. Compliance and Enforcement

Understanding and applying human rights principles may help avoid potential

human rights complaints and litigation.

Ontario has three organizations in the human rights system: the Ontario Human

Rights Commission, the Human Rights Tribunal of Ontario, and the Human

Rights Legal Support Centre:

The Human Rights Commission provides policies, guidelines and other

information on Code grounds, including disability and the duty to

accommodate

The Human Rights Tribunal hears discrimination claims (called

applications) on any Code ground. This includes claims from individuals

who believe an organization or person has failed to accommodate

disability-related needs.

The Human Rights Legal Support Centre helps people through the human

rights process, such as completing an application or claim to the Tribunal

Individuals cannot file accessibility complaints under the AODA. But in cases of

non-compliance, the Directorate can enforce standards through mechanisms set

under the law.

Meanwhile, the Accessibility Directorate works with organizations having trouble

meeting the Standards in order to bring them into compliance.


Accessible Customer Service

This training presentation has been prepared based on the information provided

by the Ministry of Economic Development, Employment and Infrastructure

www.ontario.ca/AccessON

Integrated Accessibility Standards Regulation

Alternate formats of this training are available to take, watch, hear, read or

present

www.AccessForward.ca

Ontario Human Rights Code

To access OHRC’s video, you can visit the Commission’s website

http://www.ohrc.on.ca/en/learning/working-together-code-and-aoda

For any questions on accessibility, please contact:

Manon L. Levesque, Deputy City Clerk and Accessibility Advisor

[email protected]

613-930-2787 x 2316

http://www.accessforward.ca/

http://www.ohrc.on.ca/en/learning/working-together-code-and-aoda

mailto:[email protected]