HR Legislation Update: AODA Integrated Accessibility Standards and Bill 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 proLearning innovations Copyright 2011 All Rights Reserved 2

Customer Service Standard Became law in 2008 Compliance for private sector – Jan. 1, 2012 Requirements Reporting date – Dec 31, customerService/report_online.aspx customerService/report_online.aspx proLearning innovations Copyright 2011 All Rights Reserved 3

Integrated Accessibility Standards Became law July 1, 2011 Combines ▫ Information and Communications ▫ Employment ▫ Transportation proLearning innovations Copyright 2011 All Rights Reserved 4

Who is Affected? All public and private sector organizations Large (50+) and small businesses (<50) proLearning innovations Copyright 2011 All Rights Reserved 5

General Requirements Accessibility Policies and Statement of Commitment Jan 1, 2012 – Gov’t of Ontario Jan 1, 2013 – large public sector Jan 1, 2014 – small public sector & large private sector *Jan 1, 2015 – small private sector Accessibility Plans Jan 1, 2012 – Gov’t of Ontario Jan 1, 2013 – large public sector Jan 1, 2014 – small public sector & large private sector *small private sector excluded proLearning innovations Copyright 2011 All Rights Reserved 6

General Requirements Training 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.) proLearning innovations Copyright 2011 All Rights Reserved 7

General Requirements Training Jan 1, 2013 – Gov’t of Ontario Jan 1, 2014 – large public sector Jan 1, 2015 – small public sector & large private sector *Jan 1, 2016 – small private sector *Must document training (organizations <50 excluded) proLearning innovations Copyright 2011 All Rights Reserved 8

Information and Communications Standard Emergency Procedures January 1, 2012 Feedback Processes Jan 1, 2013 – Gov’t of Ontario Jan 1, 2014 – large public sector Jan 1, 2015 – small public sector & large private sector *Jan 1, 2016 – small private sector proLearning innovations Copyright 2011 All Rights Reserved 9

Information and Communications Standard Accessible Formats and Communication Supports Jan 1, 2014 – Gov’t of Ontario Jan 1, 2015 – large public sector Jan 1, 2016 – small public sector & large private sector *Jan 1, 2017 – small private sector proLearning innovations Copyright 2011 All Rights Reserved 10

Information and Communications Standard Websites NEW Internet and Intranet Websites and Web Content Jan 1, 2012 – Gov’t of Ontario Jan 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 proLearning innovations Copyright 2011 All Rights Reserved 11

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) proLearning innovations Copyright 2011 All Rights Reserved 12

Employment Accessible formats and communication supports Return to work process Performance management, career development and advancement and redeployment Jan 1, 2013 – Gov’t of Ontario Jan 1, 2014 – large public sector Jan 1, 2015 – small public sector Jan 1, 2016 – large private sector *Jan 1, 2017 – small private sector proLearning innovations Copyright 2011 All Rights Reserved 13

Employment Workplace Emergency Response Information January 1, 2012 Individualized plan Document process (if > than 50 employees) proLearning innovations Copyright 2011 All Rights Reserved 14

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 proLearning innovations Copyright 2011 All Rights Reserved 15

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 proLearning innovations Copyright 2011 All Rights Reserved 16

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 proLearning innovations Copyright 2011 All Rights Reserved 17

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 proLearning innovations Copyright 2011 All Rights Reserved 18

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. proLearning innovations Copyright 2011 All Rights Reserved 19

Kinds of Harassment Sexual harassment Hostile work environment Takes shape in many ways: ▫ Bullying ▫ Stalking ▫ Physical ▫ Psychological proLearning innovations Copyright 2011 All Rights Reserved 20

Introduction to Bill 168 Requirements for all Ontario Workplaces: Conduct Workplace Violence Risk Assessment Develop and Post Workplace Violence and Harassment Policy, review at least once per year Develop Program to implement policy Conduct Awareness Sessions for all staff Deal with Domestic Violence in workplace * Businesses <5 employees do not need to document or post policy proLearning innovations Copyright 2011 All Rights Reserved 21

Workplace violence and harassment program Workplace violence and harassment programs must be developed that: reduces the risk of workplace violence and harassment creates an emergency response protocol has an incident reporting procedure has an investigation procedure Instruction and training on the workplace violence policy and program proLearning innovations Copyright 2011 All Rights Reserved 22

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 proLearning innovations Copyright 2011 All Rights Reserved 23

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 proLearning innovations Copyright 2011 All Rights Reserved 24

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 proLearning innovations Copyright 2011 All Rights Reserved 25

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 proLearning innovations Copyright 2011 All Rights Reserved 26

Summary – Bill Risk assessment of workplace violence 2.Violence and Harassment policy (>5 staff) 3.Violence and Harassment program 4.Training proLearning innovations Copyright 2011 All Rights Reserved 27

proLearning innovations Copyright 2011 All Rights Reserved 28 Q & A

AODA Integrated Accessibility Standards and Bill 168 How can we help? We want to hear from you