Are You Ready for the AODA 2012 Deadline?

It is Closer Than You Think!

Olga Dosis B.A., M.A., M.A. (CDS)Jane Sleeth Hon. B.P.&H.E. (Kin), B.Sc.P.T.

Optimal Performance ConsultantsOptimal Performance Consultants

Over View

Customer Service

Standard

Compliance and Reporting

Compliance and Reporting

ODA and AODA: The RelationshipODA and AODA: The Relationship

ODA and AODA: The relationshipODA and AODA: The relationship

AODA is about accessibility standards

•Enforceable standards with timelines for compliance in five key areas

•Standards will foster integrating accessibility into regular business and capital planning

Current Status of StandardsCurrent Status of Standards

Accessible Transportation Standard

• The only standard that is sector specific

• Relates specifically to modes of transportation that come under provincial and municipal jurisdictions

Accessible Information and Communication Standard

• To address the removal of barriers in access to information and can include information being provided, through print, website or other means

• Public review completed February 2009

Accessible Employment Standard

• Proposed standard is expected to address paid employment practices relating to employee-employer relationships and may include recruitment, hiring, and retention policies and practices

• Public review completed April 2009

Accessible Built Environment Standard

• Proposed standard expected to address access into and within buildings and outdoor spaces and expected to build on Ontario’s Building Code

• Public review completed in September 2009 and over 10,000 submissions were provided

Accessible Customer Service Standard

• Accessibility Standards for Customer Service (Ontario Regulation 429/07) became law on January 1st, 2008

• Applies to all organizations that provide goods and services to the public or other organizations in Ontario and have at least one employee

O. Reg. 429/07 : overview• Timetable for compliance and reporting:

oDesignated public sector organizations must comply by January 1st, 2010

o Private sector organizations, including non-profit, with 20 or more employees must comply by January 1st, 2012

oOrganizations in the private sector, including non-profit, with one to 19 employees must comply by January 1st, 2012, but, are exempted from reporting (O. Reg. 430/07)

•Approximately 360,000 organizations expected Approximately 360,000 organizations expected to comply – 60,000 of which are expected to file to comply – 60,000 of which are expected to file reportsreports

Highlights of Ontario Regulation 429/07 / Customer Service Standard

Requirements include:

• Set up policies, practices and procedures on providing goods or services

• Efforts to ensure policies, practices and procedures are consistent with key principles: independence, dignity, integration and equality of opportunity

• A policy about the use of assistive devices

• Communicate with a person with a disability in a manner that takes into account his or her disability

• Let people with disabilities bring their service animals or guide dogs onto the part of the premises open to the public except where the animal is otherwise excluded by law

• Let people with disabilities bring their support persons with them when accessing goods or services

• If your organization charges an admission fee, let people know ahead of time what, if any, admission will be charged for a support person

• Let the public know when facilities or services that people with disabilities usually use to access goods or services when there are disruptions

• Ensure all staff receive training on how to provide goods or services to people with disabilities

• Set up a process to receive and respond to feedback, including what action will be taken about any complaints

Documentation Requirements• Designated public sector organizations & obligated

businesses & organizations with 20 or more employees must:

oDocument in writing all your policies, practices & procedures on the provision of goods or services

o Let customers know these documents are available upon request

o Provide this information to a person with a disability in a format that takes into account his or her disability

Documentation Requirements

• Your organization must have document(s) which includes:

oGeneral policies, practices and procedures about providing goods or services to people with disabilities

o Policies, practices and procedures on service animals, support persons and assistive devices

o The steps to take when there is a temporary disruption in services or facilities

o Training policy on providing trainingo A description of your feedback process

Accessibility Reporting

Compliance & Methods for Improvement

• Inspection and enforcement

• Progressive approach to compliance will be used

• Will identify organizations that require compliance improvement based on report and risk assessment

• Non-compliance will be addressed proportionately, depending on the violation:

o Administrative penaltyo Fines of up to $100,000 a day (AODA, s. 37 (3))

Compliance Framework

What’s New!What’s New!

Common RequirementsEstablishes the following classes of organizations:

Your Accessible Information & Communication Requirements

• Focus as it related to the provision of goods and services

• Info / Comm accessible on website, available upon request in appropriate format with appropriate supports

• Inform public of the availability of documents• For websites – web content, web-based applications

where technically feasible would need to conform to WCAG 2.0. Starting at Level A and increasing to AA

• Beginning with new websites and new web content and then existing websites

Accessible Employment Requirements

• Applies only to paid employment• FormalizedFormalized approach to accommodation process • Notify applicants that accommodations will be provided during

recruitment• Selection and assessment materials used during recruitment to

be available in accessible format• Applicant’s to be informed of accommodation process• Accommodation related requirements:▫Collaboration with applicant, electronic information to be

accessible, individualized workplace emergency information; information on accommodation supports & accommodation plans

Compliance Enforcement & Compliance TimelinesCompliance Enforcement & Compliance Timelines

Enforcement• Administrative Monetary Penalties (AMPs) for non-

compliance• AMPs do not lead to an offense or prosecution• Proposed range of AMPs • Corporations – range from $500 – $15,000 (daily)• Organizations (non-corporations); range $200-$2,000

(daily)Timelines• Vary – with government and broader public organizations

complying first

Thank you for attendingIf you have any questions about this material or require in-depth educational sessions or an audit of your workplace

please contact us at info@optimalperformance.caor o.dosis@optimalperformance.ca or

j.sleeth@optimalperformance.ca

Want to learn more? – visit our new Blog

www.opctoday.blogspot.comand our website is regularly updated as a resource for you www.optimalperformance.ca

Are You Ready for the AODA 2012 Deadline?

Thank you IIDEX NEOCON for your Support