Act allows government to set accessibility standards, measure compliance
Question: How aware are employers of their obligations under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA)?
Answer: There is considerable confusion amongst employers about their obligations under AODA. This may be because employers are having difficulty finding out just what the obligations are in the first place or because of the staggered timeline for compliance. In addition, some published reports earlier this year suggested all employers must now be in compliance, not just those in the broader public sector.
AODA is a relatively short statute that places few substantial obligations on employers. However, there are two very important aspects. First, it allows the government to create accessibility standards. These prescribe steps organizations must take to remove barriers that inhibit accessiblity for persons with disabilities. Second, it sets out the framework for enforcing the standards.
Currently, there is only one accessibility standard in force — the Accessibility Standards for Customer Service. There will eventually be four more standards in relation to employment, the built environment, information and communications, and transportation.
The customer service standard only applies to the public sector for the time being. In January 2012, it will apply to the private sector as well, although private sector businesses providing outsourced services on behalf of the public sector may be required to comply now.
In short, the Accessibility Standards for Customer Service states a goods and services provider must “establish policies, practices and procedures governing the provision of its goods or services to persons with disabilities.” It also requires providers to develop policies dealing with temporary disruptions in service, service animals and staff training. Lastly, service providers are obligated to create a feedback mechanism for users to comment on their accommodation efforts.
Public sector employers, and private sector employers with at least 20 employees, will have to put the policies, practices and procedures in writing, notify customers these documents are available upon request, and provide the information in a format that takes into account any disability a person requesting the documents might have.
The Ministry of Community and Social Services has a variety of materials to assist employers at www.mcss.gov.on.ca.
Question: Do you know how the Ontario government is planning on auditing or measuring compliance with respect to AODA?
Answer: The government has numerous ways to measure and enforce compliance.
Organizations will have to file yearly accessibility reports. Private sector employers with fewer than 20 employees are exempt from this requirement, at least in relation to the customer service standard. It is not yet known whether this exemption will extend to the other standards.
Inspectors appointed under AODA can visit premises to check for compliance, and directors appointed under AODA can issue orders to comply or administrative penalties. Courts can issue penalties of up to $50,000 to individuals and $100,000 to corporations for providing false information, not complying with a director’s order or obstructing inspectors. Officers and directors can also be held liable.
Interestingly, an organization that agrees to exceed some of the requirements of the accessibility standards can enter into an agreement with the ministry that may relieve the organization from having to file yearly accessibility reports, or from other obligations under AODA.
Andrew Treash is a product writer for Consult Carswell, a Canadian HR work solution that delivers best practices, legal compliance, news, articles and a suite of ready-to-use tools in one easy-to-use online service. For more information, visit www.consultcarswell.com.
