the aoda employment standard documented individual … · 2016-01-29 · the aoda and the ontario...

The AODA Employment StandardDocumented Individual Accommodation Plans

Ontario Chamber of Commerce

The Ontario Chamber of Commerce (OCC) is a business network of 160 local chambers of commerce and boards of trade in Ontario. Through this network, we are the voice of 60,000 members that range from small businesses to major corporations and industry associations. Together, our members employ over two million people and produce nearly 17 percent of Ontario’s GDP.

Visit us at occ.ca and follow us

@OntarioCofC.

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Enabling Change Project funded by the ADO Partnership between OCC and HRPA Series of 12 webinars OCC is ….. Add in whatever else you want to say about OCC accessibility activities

Human Resources Professionals Association

The Human Resources Professionals Association (HRPA) is the professional regulatory body and the professional association for Human Resources professionals in Ontario. It oversees more than 20,000 members in 28 chapters across the province.

Visit us at www.hrpa.ca or follow us @hrpa

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HRPA has been actively involved in the AODA and accessibility issues for many years. The HRPA accessibility webpage outlines its many service offerings. The Harold Jeepers YouTube series provides a humorous and informative resource on meeting the requirements of the employment and other standards. HRPA offers an Accessibility Certificate Program, designed and delivered by Ellen Waxman, former Assistant Deputy Minister of the Accessibility Directorate of Ontario

http://www.hrpa.ca/

Context

As part of the Integrated Accessibility Standards Regulation (IASR) of the AODA, the Employment Standard contains requirements related to:• Recruitment, assessment and selection• Accessible formats and communications supports• Workplace emergency response information• Documented individual accommodation plans• Return to work processes• Performance management• Career development and enhancement• Redeployment• Informing employees of supports

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Go over what’s on the slide

Focus of today’s session

To provide information and tools and resources on the AODA Employment Standard –documented individual accommodation plans

Guidance, not legal advice

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Todays’ session is focused on the requirements for large organizations to have individualized accommodation plans for employees with disabilities Will talk about what the law requires, some best practices, and show you tools and resources that you can access.

Documented individual accommodation plans:Know the law

The AODA Employment Standard applies to:

• All employees, whether full-time, part-time or contractual

• The employment standard does NOT apply to volunteers and other non-paid individuals

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Relevant sections of the IASR and accommodationSection 25 – inform employees that supports are available

Section 26 – consult with the employee to provide job-related or other workplace information in accessible formats

Section 27 – where relevant, provide individualized emergency response information to employees with accessibility needs

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Go over what’s on the slide Will talk about these requirements in greater detail

The AODA and the Ontario Human Rights CodeThe Employment Standard of the AODA is about documenting the accommodation process

The Ontario Human Rights Code requires accommodation to the point of “undue hardship”.

The Ontario Human Commission considers an accommodation to be appropriate if it results in equal opportunity to attain the same level of performance and meets the employee’s disability-related needs.

If the most appropriate accommodation would result in undue hardship for the businesses, then it may be necessary to find alternatives.

Employees who feel that they are not being accommodated appropriately have the right to file a Human Rights complaint with the Human Rights Tribunal – process matters!

In most cases, the employer and employee and where relevant, bargaining agent are able to come to solutions. Often, the solution is simple.

In other cases cases, it makes sense to consult a lawyer.

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Go over what’s on the slide – I’d go over this very carefully. It’s complicated. Stress that the AODA employment standard is not prescriptive and is really about ensuring that there is a process for accommodation throughout the lifecycle of employment. In cases of human rights disputes, it’s often best to involve an expert or a lawyer Want to stress again that you are not providing any legal advice

Compliance dates:

Individual Accommodation Plans

• By January 1, 2016 for private sector and not-for-profit organizations with 50 or more employees

• Small organizations – 49 or fewer employees– are NOT required to have documented individual plans, however, documenting what you’ve done is a good practice

Ontario Human Rights Code

• However, accommodation is required for all employees under the Ontario Human Rights Code

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Go over what’s on the slide Be clear that small organizations – private and not for profit with 49 or fewer employees do not have to meet this requirement However, accommodation is an important part of the Ontario Human Rights Code and applies to every employer regardless of size or sector While small organizations won’t be asked in an AODA audit to show that they have documented accommodation plans, it’s a good practice to keep a record, especially if there’s a human rights complaint

Accommodation – what is it?

Accommodation creates a level playing field

It assumes that, with appropriate supports, a person with accommodation needs can perform the same job as anyone else

Not all people with disabilities need accommodations

Accommodation does NOT mean lowering standards

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The goal of accommodation is to create a level playing field, or equal opportunity for everyone. It means that, with appropriate supports, a person who needs an accommodation can do the same job as anyone else Not all people with disabilities need accommodation to perform their job – the law requires that you inform employees that supports are available. Accommodation does not mean lowering standards – a person needs to be able to perform the essential duties of the job, not do less of a job

Examples of accommodation supports

Screen readers for computersAn ergonomic work stationAssistive devicesProvision of material in

alternate formatsFlexible hours of workAbility to attend medical

appointmentsA place to rest

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Go over what’s on the slide Not all accommodations cost money – some are about making more flexible work arrangements. As well, most people with disabilities have mild to moderate disabilities and do not require expensive accommodations Statistics show that about 15% of accommodations cost nothing and that the average is a one time cost of less than $500

Accommodation – not a new concept

Businesses have been accommodating employees for decades –

Examples:Maternity leaveBereavementReligious days

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Accommodation is not a new concept – employers have been accommodating employees for years. Maternity leave was one of the first workplace related accommodations to come into effect Many organizations give employees time to attend a funeral or time off for religious holidays. While these types of accommodations are related to providing assistance outside of the workplace, disability related accommodation is designed to keep people at work and help them do their jobs

Developing a Process for creating Individual accommodation plans

A formal way to determine and review what disability-related accommodations a person may require to fulfill the essential duties of their job

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The purpose of the plan is to have a documented record of what supports the employee with receive in order to perform the essential duties of the job

Developing a Process for creating Individual accommodation plans continued…

The process must include information on:• How an employee will be included in the development of their

plan• How an employee will be assessed• Requesting an assessment by an outside medical or other

expert• Bargaining agent representation (for unionized employee)• Privacy protection• Regular reviews and updating of the plan• Denial of an accommodation request• Provision of the accommodation plan in a manner appropriate

to the employee’s disability

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The process must include information on: How an employee will be included in the development of their plan – don’t create a plan without involving the employee How an employee will be assessed – what do they need to do the job Requesting an assessment by an outside medical or other expert – you can ask for a functional capacity assessment or other information that tells you what accommodation is needed – at employers expense Bargaining agent representation – if you have a union, include a representative . A non unionized can ask for workplace rep to participate in development of plan Privacy protection – never disclose a person’s personal information Regular reviews and updating of the plan Denial of an accommodation request – if you are denying a request, or providing an alternative, there needs to be a reason and it should be documented Provision of the accommodation plan in a manner appropriate to the employee’s disability – provide an alternate format if necessary

The Plan must be documented and include:

• How you will provide workplace information in an accessible format, if requested

• How you will provide accessible emergency information, if needed

• Any other accommodation that is to be provided

You and the employee with a disability will determine and implement appropriate accommodation measures. However the final decision rests with you.

How do you know someone needs an accommodation?• The employee makes a request – the

AODA requires that employees be notified that supports are available

• A manager notices that an accommodation may be needed and initiates a conversation

• An employer may request, at the employer’s expense, for medical or expert advice on what is needed so the person can do their job.

• An employer may NOT request a diagnosis.

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How do you know someone needs an accommodation? At times, the employee may let you know that they need something, although they may not always know what they need A manager might notice that an accommodation might be needed and approaches the employee. However, you cannot force a person to have an accommodation – is the person refuses, and cannot perform the job, then you may have crossed the line into a performance issue An employer can request that their be expert advice or an assessment on what’s needed This needs to be done at the employer’s expense. The law does not specify whether you can specify who the person sees. Some companies have experts that they work with; others leave it to the employee’s discretion. Stress that an employer cannot request a medical diagnosis. For example, if there is a mental health issue involved, you don’t need to know what it is – you only need to know what’s needed for the accommodation

Roles and Responsibilities of Key Stakeholders During the Accommodation Process(National Institute of Disability Management and Research)

The Employee:

• Inform the employer about the need for an accommodation

• Provide details about relevant restrictions when appropriate

• Collaborate with the employer to find an appropriate accommodation

• Participate in the development of the accommodation plan

• Work with the employer to monitor and evaluate the plan

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Roles and Responsibilities of Key Stakeholders During the Accommodation Process Cont’d(National Institute of Disability Management and Research)

The Employer

• Record every accommodation request and action taken

• Collaborate with the employee to find an appropriate accommodation

• Maintain the employee’s privacy• Request only the functional capacity information that

is required to determine the appropriate accommodation

• Seek expert opinion where needed and investigate alternative accommodations

• Provide the accommodation in a timely manner

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Roles and Responsibilities of Key Stakeholders During the Accommodation Process Cont’d(National Institute of Disability Management and Research)

The Bargaining Agent:

• Participate actively in the process• Work with the employer to facilitate the

accommodation

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Incorporating emergency information into the accommodation plan

1. Notification

2. Way-Finding

3. Use of the Way

4. Assistance

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People need 4 types of information during an emergency related to notification, way-finding, use of the way and assistance Notification – how will they know there is an emergency? If the general way is through an alarm, how will a person who is deaf know? Way – finding – where is the way out? Is it clearly marked? How is information provided to people who might have visual impairments or get confused? Use of the way – is the pathway clear? Can the person get out by himself? Assistance - What kind of assistance does an employee need? Who will provide it? What will be provided and when? Where does the person needing assistance go?

It doesn’t need to be complicated:Tips for small businessReminder – small organizations do not need to document plans BUT they do need to accommodate employees

1. Recognize the need for accommodation2. Work together with the employee to find an appropriate

solution3. Consult an expert if necessary4. Implement 5. Monitor and review – a condition may change or there

may be a change in the working environment

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+Examples of Accessible Formats

Large print

Audio

Braille

Sign language

Accessible website

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VIDEO: Harold Jeepers

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https://www.youtube.com/watch?v=v4dCHLBa8vU

TOOLS AND RESOURCES

Conference Board of Canada

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Funded by the Government of Ontario, the Conference Board Employer Toolkit provides a comprehensive look at the Employment Standard. Included are tools and templates related to the topics discussed in today’s webinar.

Government of Ontario Resources

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So, where to go for help? First, the Government of Ontario has a website to help you comply. You can find it at www.Ontario.ca/accessibility The website has tools and templates to assist you in meeting your requirements.

HRPA AODA Resources

Harold Jeepers Youtube Series

HRPA AODA webpage HRPA Accessibility Certificate Program

Ontario Human Rights Commission

Policy and Guidelines on the Duty to Accommodate

www.ohrc.on.ca

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For those you you wanting more extensive information, the Ontario Human Rights Commission provides comprehensive resources on the duty to accommodate and undue hardship provisions.

http://www.ohrc.on.ca

Further information and questions

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www.ontario.ca/accessibility

Follow the Government of Ontario on twitter @accessibility and Facebookwww.facebook.com/accesson

For information on OCC resources and initiatives:www.occ.ca

For information on HRPA accessibility resources:http://www.hrpa.ca/Pages/AODA.aspx

http://www.ontario.ca/accessibility

http://www.facebook.com/accesson

http://www.occ.ca/

http://www.hrpa.ca/Pages/AODA.aspx

Upcoming Accessibility Works Webinar

Friday February 19, 2016 at 10am ESTKeys to Success – Interviews with Business Owners Championing Accessibility and Employing Persons with Disabilities with guests, Mark Wafer, Susan Picarello and Jamie Burton

An initiative of Funded by In partnership with

the aoda employment standard documented individual … · 2016-01-29 · the aoda and the ontario...

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