Accessibility for Ontarians with Disabilities Act, AODA Integrated Accessibility Standards Michelle Drouillard, CHRP November 7 th 2013
Background The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) became law on June 13 th 2005. The purpose of the AODA is to make Ontario accessible to people with disabilities by January 1 st 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 1 st 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 1 st 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 1 st 2014 Completed. Statement is on CMHA-WECB website 2. Accessibility policies, due January 1 st 2014 Completed. Policies as reviewed will reflect AODA standards 3. Multi-year accessibility plan, due January 1 st 2014 In progress. Will be posted on CMHA-WECB website in December 4. Training, due January 1 st 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 Reading information aloud i.e. HTML, MS Word 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.
Information and Communications Standard Website – New Meet Web Content Accessibility Guidelines (WCAG) 2.0, Level A by January 1 st 2014 Websites and Content All internet website and web content meet WCAG 2.0 Level AA by January 1 st 2021 Optimized for screen readers Text in place of images Description of images Ability to enlarge text High contrast and colour Audio captioning schemes
Employment Standard Individualized emergency safety plans for employees. *compliance was required January 1 st 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 Selection 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 Retention employees with disabilities • Accommodation plans for employees with disabilities • Return to work process • Performance management, job change and career development
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?
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