Accessibility for Ontarians with Disabilities Act, AODA ... · The Accessibility for Ontarians with Disabilities Act (AODA) allows for severe maximum monetary penalties for any violation

Accessibility for Ontarians with Disabilities Act, AODA

Integrated Accessibility Standards

Michelle Drouillard, CHRP November 7th 2013

Background The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) became law on June 13th 2005.

The purpose of the AODA is to make Ontario accessible to people with disabilities by January 1st 2025.

Did you know? •  About 1.85 million people in Ontario (that’s 15.5% of the

population) have a disability. •  47.2% of people over the age of 65 have disabilities. •  By 2026, as the population ages, it is estimated that 16%

of people in Canada will have a disability.

Standards AODA incorporates five (5) standards:

1) Customer Service Standard *compliance was required January 1st 2012 2) Information and Communications 3) Employment 4) Transportation 5) Built Environment Standard (BES)

Standards or regulations provide detail about how accessibility will be achieved, deadlines and penalties.

Customer Service Standard What have we done already?..\..\..\..\

Policies: 1.  Accessibility for clients with disabilities policy 2.  Use of assistive devices policy 3.  Communicating with people with disabilities policy 4.  Guide dog and service animals policy 5.  Support persons policy 6.  Notice of disruption in service policy

Training of all staff, volunteers, and board members

Feedback process

Integrated Accessibility Standard

Combines three standards effective July 1st 2011

1.  Information and Communications 2.  Employment 3.  Transportation

Compliance timelines are phased across organization by public, non-profit and private sectors and also determined by the size of an organization.

Small organization: 1-49 Large organization: 50+

Integrated Accessibility Standard Requirements include:

1. Statement of Commitment, due January 1st 2014 Completed. Statement is on CMHA-WECB website

2. Accessibility policies, due January 1st 2014 Completed. Policies as reviewed will reflect AODA standards

3. Multi-year accessibility plan, due January 1st 2014 In progress. Will be posted on CMHA-WECB website in December

4. Training, due January 1st 2015 Coming soon in 2014

Multi-Year Accessibility Plan The plan includes the following information: •  Standards broken down by specific requirement •  Legislated due date •  Steps to take •  Anticipated barriers and plans for barrier removal •  Target Completion Date •  Staff Lead •  Potential Costs •  Completion Status

The agency’s multi-year accessibility plan will be posted on the CMHA-WECB website.

Training Training is required to all staff on the Integrated Accessibility Standard Requirements (IASR) and Ontario Human Rights Code that apply to the organizations.

“All Staff” includes: • All Employees and volunteers. • Anyone involved in policy development, including Board Members. • Anyone who provides goods or services on your behalf, such as affiliates or facilities management.

Training Format of training is flexible and can be delivered through a variety of means such as online or in-person.

Training needs to be appropriate to job duties •  Some positions may need more in-depth training •  Look at job functions, scope of responsibility and

accountability to determine training requirements. •  Training needs to be kept current as policies change.

Needs to be included in onboarding process for employees and volunteers.

Training records need to be maintained.

Information and Communications Standard

Organization are required to provide accessible formats and communications supports as quickly as possible and at no additional cost when requested by a person with a disability.

Examples of accessible formats include: Accessible electronic formats i.e. HTML, MS Word

Reading information aloud

Braille Text transcripts

Audio formats Captioning

Large print Sign language

Information and Communications Standard

Feedback processes need to be provided in accessible formats when requested.

Public emergency information needs to be provided in accessible formats when requested.

Organizations need to consider what accessibility features to include in self-service Kiosks or public electronic interactive terminals based on the needs of their clients/customers.

Website – New Meet Web Content Accessibility Guidelines (WCAG) 2.0, Level A by January 1st 2014

Websites and Content All internet website and web content meet WCAG 2.0 Level AA by January 1st 2021

Information and Communications Standard

Optimized for screen readers Text in place of images

Description of images Ability to enlarge text

High contrast and colour schemes

Audio captioning

Employment Standard Individualized emergency safety plans for employees. *compliance was required January 1st 2012

Requirement includes a plan to help an employee with a disability during an emergency, or emergency information available in alternative formats. Plans should include the following: • Individualized emergency response information to the employee. • Employee consent to share this information with only those designated to help them in an emergency. • Review the emergency response information when: •  the employee changes work locations. •  you review the employee’s overall accommodation needs. •  you review your organization’s emergency response policies.

Disabilities can be temporary or permanent, and “employee” includes paid staff, but not volunteers or unpaid staff.

Employment Standard Organizations are required to make accessibility a regular part of finding, hiring and supporting employees with disabilities.

• Applies to paid staff • Does not apply to volunteers and other non-paid positions (ex. Board of Directors)

Employment Standard How we look for employees • Notify the public and applicants about availability of accommodation in the recruitment process

“Accommodations are available upon request”

• If requested, consult with applicant to arrange suitable alternatives to materials or process

Evaluation of applicants • Let selected candidates know accommodations are available

• Provide or arrange accommodations for candidates based on their disability

Employment Standard Hiring successful candidate(s) • When offering a successful candidate employment organizations must inform them on the following: •  Policies to support people with disabilities •  Policies on job accommodations

Keeping employees and meeting their diverse needs • Educate staff on the organization’s policies that support employees with disabilities • Accommodation plans for employees with disabilities • Return to work process • Performance management, job change and career development

Selection

Retention

Transportation Standard The goal of the Transportation Standard is to make it easier for everyone to travel in Ontario.

The standard applies to: • Conventional transit services such as municipal or regional buses, streetcars, subways and rail.

CMHA not affect by the standard as these services are currently not provided.

Future considerations: • If we provide transportation services (i.e. Client shuttles) we would be required to provide accessible vehicles or equivalent services.

Built Environment Standard (BES) BES will focus on removing barriers in two areas:

• Buildings • Public spaces

Enhancements to accessibility in buildings will happen at a later date through Ontario’s Building Code, which governs new construction and renovations in buildings.

Built Environment Standard (BES) The standard for the design of public spaces will only apply to new construction and major changes. Some examples include:

• Public eating areas will need to provide a minimum number of accessible tables. • Public playgrounds need to incorporate accessibility for children and caregivers with various disabilities. • Outdoor paths of travel, like sidewalks, ramps, stairs, curb ramps, rest areas and accessible pedestrian signals need to meet minimum requirements for sidewalks (i.e. clear width), install accessible pedestrian signals at intersections. • Accessible parking (on and off street) need to make at least four percent of spaces accessible in new lots with 1-100 parking spaces. • Service-related elements like service counters and waiting areas need to have a minimum of one accessible counter when providing services to the public.

Compliance All organizations both public and private sectors are subject to government audits and inspections.

The Accessibility for Ontarians with Disabilities Act (AODA) allows for severe maximum monetary penalties for any violation to the Act. The maximum penalties under the AODA include:

• A person and unincorporated organizations that are guilty of a major offence under this Act can be fined up to $50,000 dollars for each day the violation continues.

• A corporation that is guilty can be fined up to $100,000 per day.

• Directors and officers of a corporation with fiduciary responsibility who are guilty are liable to a fine of up to $50,000 a day.

Conclusion

CMHA-WECB is proactive and a leader in the community on accessibility issues.

Legislation is broad and there are no simple answers.

Staff are encouraged to speak with their supervisor on specific issues or concerns.

This will affect all Ontarians.

Questions?