hr legislation update: aoda integrated accessibility standards and bill 168 647- 847-1853...

HR Legislation Update:AODA Integrated Accessibility

Standards and Bill 168

www.prolearningonline.com647- 847-1853

Facilitated by:Melissa Magder – Director of Diversity, HR and Cross-Cultural Training

AODA – Background Refresh •AODA released in 2005•Consists of 5 standards:▫Customer Service Standard released in 2010 (private)▫Integrated Accessibility Standards combine:

Information and Communications Employment Transportation

Built Environment to follow

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Customer Service Standard•Became law in 2008

•Compliance for private sector – Jan. 1, 2012

•Requirements

•Reporting date – Dec 31, 2012 http://www.mcss.gov.on.ca/en/mcss/programs/accessibility/ customerService/report_online.aspx

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Integrated Accessibility Standards

•Became law July 1, 2011

•Combines▫Information and Communications▫Employment▫Transportation

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Who is Affected?

•All public and private sector organizations

• Large (50+) and small businesses (<50)

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General RequirementsAccessibility Policies and Statement of CommitmentJan 1, 2012 – Gov’t of OntarioJan 1, 2013 – large public sectorJan 1, 2014 – small public sector & large private sector*Jan 1, 2015 – small private sector

Accessibility PlansJan 1, 2012 – Gov’t of OntarioJan 1, 2013 – large public sectorJan 1, 2014 – small public sector & large private sector*small private sector excluded

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General RequirementsTraining Training on each of the standards

Who:•All employees and volunteers, including those who do not have contact with customers/public•Anyone involved in policy development – Board Members included•Any persons who provide services on behalf of the organization (representatives, agents, etc.)

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General Requirements

Training Jan 1, 2013 – Gov’t of OntarioJan 1, 2014 – large public sectorJan 1, 2015 – small public sector & large private sector*Jan 1, 2016 – small private sector

*Must document training (organizations <50 excluded)

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Information and Communications Standard

Emergency ProceduresJanuary 1, 2012

Feedback ProcessesJan 1, 2013 – Gov’t of OntarioJan 1, 2014 – large public sectorJan 1, 2015 – small public sector & large private sector*Jan 1, 2016 – small private sector

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Information and Communications Standard

Accessible Formats and Communication SupportsJan 1, 2014 – Gov’t of OntarioJan 1, 2015 – large public sectorJan 1, 2016 – small public sector & large private sector*Jan 1, 2017 – small private sector

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Information and Communications StandardWebsites

NEW Internet and Intranet Websites and Web ContentJan 1, 2012 – Gov’t of OntarioJan 1, 2014 – public sector and large private sector*small private – not mandatory but recommended

ALL Internet Websites and Web Content•Jan 1, 2016, Jan 1, 2020 – Gov’t of Ontario•Jan 1, 2021 – public sector and large private sector

Examples :• Optimized for screen readers• Text in place of images and descriptions of every image• High contrast and colour schemes that are colourblind friendly• Ability to enlarge text • Line and letter spacing for maximum readability http://www.w3.org/TR/WCAG20/

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Employment

•Directed at employers with respect to employees (not volunteers or “non-paid” individuals)

•Requires accessible recruitment, assessment and selection processes

•Notification about accommodations (policies and support)

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Employment•Accessible formats and communication supports

•Return to work process

•Performance management, career development and advancement and redeployment

Jan 1, 2013 – Gov’t of OntarioJan 1, 2014 – large public sectorJan 1, 2015 – small public sector Jan 1, 2016 – large private sector*Jan 1, 2017 – small private sector

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Employment

Workplace Emergency Response InformationJanuary 1, 2012

Individualized planDocument process (if > than 50 employees)

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Compliance Provisions

• Administrative penalties up to $50,000 per day (individual or unincorporated association) and up to $100,000 per day for corporations

• Conduct inspections/partnering with other Ministries

• Accessibility Directorate of Ontario

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Conclusion• Accessibility law in Ontario is a reality

• Small and large businesses are advised to take a pro-active approach to complying – makes good business sense

• Customized AODA training for Chiropractors and their staff

(available on OCA website)

• Training on Integrated Standards being developed

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Introduction to Bill 168•Bill 168 amends the Occupational Health and Safety

Act (OSHA) to require worker protection from violence and harassment in the workplace

•MOL expects employers to take every precaution to prevent workplace violence

•Now – there are specific requirements•Applies to all businesses/organizations with more

than 1 employee

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Workplace Violence•The exercise of physical force against a worker•An attempt to exercise physical force against a

worker•a statement or behaviour that is reasonable for a

worker to interpret as a threat to use force against the worker that could cause physical injury

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Workplace Harassment“Workplace harassment” defined in Bill 168 as:

Engaging in a course of vexatious comments or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.

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Kinds of Harassment

•Sexual harassment•Hostile work environment•Takes shape in many ways:▫Bullying▫Stalking▫Physical▫Psychological

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Introduction to Bill 168• Requirements for all Ontario Workplaces:

Conduct Workplace Violence Risk AssessmentDevelop and Post Workplace Violence and

Harassment Policy, review at least once per yearDevelop Program to implement policyConduct Awareness Sessions for all staffDeal with Domestic Violence in workplace

* Businesses <5 employees do not need to document or post policy

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Workplace violence and harassment programWorkplace violence and harassment programs must be developed that:

reduces the risk of workplace violence and harassmentcreates an emergency response protocolhas an incident reporting procedurehas an investigation procedure

Instruction and training on the workplace violence policy and program

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Domestic Violence•Employers have a legal and moral obligation to

intervene•Examples of domestic violence include:▫Attempt to cause bodily injury▫Sexual assault▫Threatening behaviour▫Harassment▫Stalking▫Making annoying/threatening phone calls

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Work Refusals•Worker can refuse work if he/she feels in danger of

workplace violence•Cannot refuse work for workplace harassment•Must report situation of work refusal to supervisor

as soon as possible

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Employer Responsibilities•Maintain a workplace free from violence and

harassment•Ensure equipment, materials, protective devices are

maintained•Take allegations seriously and follow-up•Have a documented investigation process•Maintain confidentiality whenever possible•Be aware of signs of violence and harassment and

intervene when necessary•Refer victims and perpetrators to appropriate

resources where applicable

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Employee Responsibilities•Work in compliance with Workplace Violence and

Harassment Program and OHSA•Use or wear protective clothing, devices or

equipment•Raise any concerns about Workplace Violence or

Harassment•Report any acts of violence/ harassment to

supervisor, manager or HR right away•Keep records of possible incident•Cooperate with investigation process

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Summary – Bill 1681. Risk assessment of workplace violence2. Violence and Harassment policy (>5 staff)3. Violence and Harassment program4. Training

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Q & A

AODA Integrated Accessibility Standards and Bill 168

How can we help? We want to hear from you

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