Integrated Accessibility Standards – The Next Step in AODA Compliance for Private Companies in Ontario.
If the ROI doesn’t Convince you, the Penalties for Non-Compliance Should.
The compliance deadlines for the Accessibility Standard for Customer Service was the first of 5 Standards under the Accessibility for Ontarians’ with Disabilities Act (AODA), have past. Private organizations in Ontario should be well under way in the planning stages for meeting the next IASR (Integrated Accessibility Standards) which is the next phase of requirements under Ontario’s Accessibility legislation. These Integrated Accessibility Standards came into effect on January, 2012 for Private Organizations and are also accompanied by the mandatory requirement to ensure public outdoor spaces include accessible design elements. The IASR significantly impacts most organizations in Ontario with respect to their human resources practices, procurement and day-to-day business practices.
The Integrated Accessibility Standards address accessibility in three areas: Information and Communications; Employment; and Transportation. The IASR is much more complex than the Customer Service Standard in its application as compliance with each section is not consistent for all organizations. Most of the compliance deadlines are phased in between January 1, 2012 and January 1, 2017 (many extend beyond 2017). The deadlines within each standard vary making it critical that organizations know which parts of which standards apply, how and by what dates.
Who do the Integrated Accessibility Standards Apply to?
The IASR applies to the Ontario Government & Legislative Assembly, every designated public sector organization AND every person or organization that provides goods, services or facilities to the public or to third parties and has at least one employee in Ontario.
The 2 classifications of private organization under the IASR with targeted compliance include.
1. Large private and not-for-profit organizations (50+ employees)
2. Small private and not-for-profit organizations (between 1–50 employees)
* All organizations with the exception of small private and not-for-profit organizations (less than 50 employees) are required to report compliance to the government at designated timelines.
Outline of Basic Steps required in each Standard?
Following is a summary of categories and the primary requirements associated with each. The requirements under the IASR are extensive & as such this does not represent a complete complete list. Our AODA Policy experts and Built Environment Experts can assist in reviewing and planning for the more in-depth Integrated Accessibility Standards. contact us at AODA@optimalperformance.ca to arrange an initial consult.
The IAS Regulation has a set of General Requirements:
· Accessibility Policies and Plans
Organizations are required to develop, implement and maintain policies on how they will achieve accessibility requirements and commit to removing barriers to inclusion. Organizations will be required to establish, implement, maintain and document a Multi-Year Accessibility Plan which outlines the organization’s accessibility strategy to meet the requirements of the Integrated Standard. The plan must be posted on the organization’s website, provided in an accessible format and be reviewed at least once every five years.
· Mandatory Training
Organizations must train all employees on the IASR requirements which include the Communication and Information, Employment and Transportation standards as well as the Human Rights Code for Ontario. The requirements are numerous and training should be specific to the duties/nature of each job. This means employee & manager training requirements will differ in length and content.
Other groups which must also be trained include persons who develop policies (i.e. board members) and anyone who provide goods, services or facilities on behalf of the organization
Other General Requirements include the procurement of goods, services or facilities and self-service kiosks.
Information and Communications Standard including:
· Accessible Formats and Communication Supports
Organizations must, upon request, provide accessible formats and communication supports. Examples may include enlarged print, braille, accessible electronic formats, captioning, sign language interpreters and reading documents aloud. Accessible formats and communication supports must be provided or arranged for in a timely manner and at a cost not exceeding the regular cost charged to other persons.
· Accessible Websites
Organizations will be required to make their internet websites and web content conform to the World Wide Web Consortium Web Content Accessibility Guidelines called WCAG 2.0. These guidelines define the requirements for an accessible website. These guidelines include four principles of web accessibility:
Adherence to these guidelines will increase readability and allow persons with different disabilities to use assistive devices such as screen readers, magnifiers, & alternate navigation methods within the web.
· Feedback Processes
By now Organizations should have processes for receiving and responding to feedback related to the Customer Service Standard. There is now a requirement to ensure Feedback regarding the CSS and the IASR are accessible to persons with disabilities by providing accessible formats and communication supports, upon request.
Information and Communications requirements also include emergency procedures and educational and training resources and materials.
The Employment standard is specific to Employers as it relates to the employment of paid employees. This Standard establishes obligations for employers regarding recruitment, accessible training and testing information, employee accommodation, return to work, performance management, career development and re-deployment. This will entail training managers on their responsibilities and training employees on their rights under the AODA.
· Individualized Workplace Emergency Response Information
Organizations must provide and document individualized workplace emergency plans for employees with a disability. Employees are not required to disclose a disability however organizations must request that an employee inform them if the existing emergency response plan does not meet their needs and how the Plan can meet their individual needs.
*This requirement was to be met on January 1, 2012.
· Recruitment Practices
Employers must ensure that all matters related to the recruitment process are accessible to persons with all disability types. This includes jobs being posted in accessible formats and locations; consulting with applicants to provide or arrange suitable accommodation in a manner that takes into account the applicant’s disability; and providing communication supports and information in an accessible format.
· Employee Accommodation
Upon request, employers must meet an employee’s need for accessible formats and communication supports for information that is needed in order to perform the job and to access information that is generally available to employees in the workplace.
The Transportation standard applies to organizations that provide public or specialized transportation services. The details of the Transportation standard are numerous & technical in nature. Organizations should carefully review this standard to determine whether or not it applies to them.
Enforcement and Penalties
Failure to comply with the AODA requirements can lead to administrative monetary penalties and prosecutions. The Accessibility Directorate of Ontario has the power to conduct inspections, assign monetary penalties and prosecute through the courts. Penalties for non-compliance range from $200 to $2,000 for individuals and unincorporated organizations; $500 to $15,000 for corporations.
In the case of an offense under the AODA, penalties can reach a daily maximum of $50,000 for individuals or unincorporated organizations and $100,000 daily for corporations.
There are numerous excellent studies and evidence about the ROI of incorporated Accessibility Programs and Policies as well as Built Environments in the UK, US and Australia. Evidence is starting to emerge in Canada as well primarily in the Province of Ontario. If the ROI and Businesses cases are not motivation enough to embrace accessible, inclusive organizations, then the possibility of corporate penalties of $100,000 per DIEM, brand damage & negative shareholder perceptions may well motivate organizations to comply and do so on the timelines outlined by the Directorate.
To learn the details as to compliance requirements and deadlines for reporting please contact one of our AODA Policy experts.
To learn more about the Accessible Public Space Design requirements which were quietly passed in December 2012 or the new Ontario Build Code Accessible Built Environment (ABES) which passed December 27th 2013 contact one of OPC’s Built Environment Experts.
Contact us at AODA@OptimalPerformance.ca to set up an initial meeting with our experts. Continue reading