The AODA Employment Standard Documented Individual Accommodation Plans
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.
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
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
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
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
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
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.
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
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
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
Accommodation – not a new concept
Businesses have been accommodating employees for decades –
Examples:Maternity leaveBereavementReligious days
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
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
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.
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
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
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
Incorporating emergency information into the accommodation plan
1. Notification
2. Way-Finding
3. Use of the Way
4. Assistance
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
+Examples of Accessible Formats
Large print
Audio
Braille
Sign language
Accessible website
VIDEO: Harold Jeepers
TOOLS AND RESOURCES
Conference Board of Canada
Government of Ontario Resources
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
Further information and questions
29
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
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