Law Times

Law Times • February 28, 2011 FOCUS PAGE 13 Businesses urged to gear up for accessibility rules P BY ROBERT TODD Law Times rivate-sector organ- izations in Ontario will soon face strict new re- quirements when it comes to accessibility that include signifi - cant employment provisions. Th e province ushered in the reforms through the Accessibility for Ontarians with Disabilities Act of 2005 that sets out sev- eral standards organizations must comply with. Th e standards for customer service were the fi rst to come into play for public-sector organizations in January 2010. Th e private sector will have to meet them as of Jan. 1, 2012. Th e standards for customer service mean organizations have to train staff on the provisions, such as requirements to com- municate with people with a disability in a way that accom- modates them; allow individ- uals with guide dogs or service animals to enter public areas of the business; and provide notice when devices or services relied on by people with disabilities are out of order. Th ey must also create a process to facilitate feedback on how the organization interacts with people with disabilities. Bill Gale of Grosman Gros- man & Gale LLP points out that Ontario is one of only a few juris- dictions to take such a progres- sive and far-reaching approach to accessibility legislation, which makes it diffi cult to look to other areas for guidance. He therefore suggests that private-sector organ- izations do their learning from the experiences of their public-sector peers with the rules. "Most ministries have estab- lished committees to ensure that they're identifying the barriers and potential barriers and looking to ensure that they're integrating their eff orts to make it relatively effi cient," says Gale. Meanwhile, the province is currently seeking public com- ments on proposed integrated regulations for accessibility in the areas of employment; infor- mation and communications; transportation; compliance and enforcement; and other general- ized categories. Th e proposed employment standard would require organ- izations to take several actions to promote accessibility. Th ey would, for example, have to meet accommodation standards during recruitment; provide awareness training to workers on accessibility considerations; ac- count for the needs of employees with disabilities in various hu- man resources activities, such as career development and perform- ance tools; permit the creation of specifi c plans for employees with disabilities; and provide emergency information tailored individually to workers with dis- abilities. Notably, the proposed standards wouldn't apply to vol- unteers or other individuals who aren't paid by the organization. Th e proposed integrated standards are available online, and the Ministry of Community Untitled-4 1 and Social Services is accepting submissions on them until March 18. While it remains unclear just when those integrated standards will come into play, Gale believes there are several steps that private- sector organizations should be taking throughout 2011 to be ready whenever they do. Th ey should begin by listing the disabilities they may need to make accommodations for. While the most obvious would be things like wheelchair access- ibility, it will likely be necessary to throw a wide net as a long list of disabilities must be accounted for by the majority of organizations. "Identify the potential level of disabilities and types of disabilities we might be talking about, which would span from vision, hearing, all of the senses, and, of course, the physical disabilities," Gale advises. Accommodations for developmental disabilities, men- tal health, speech, and language should also be considered. Once those factors are con- sidered, he urges organizations to break the potential barriers down into separate buckets such as organizational, architectural or structural, attitudinal, techno- logical, and information or com- munication issues. For example, it may be necessary to take steps to ensure that software used by em- ployees supports screen-reading software if the organization has staff ers with vision impairment. A lawyer at Gale's fi rm has al- ready begun compiling a list of potential barriers under various potential categories. Gale also urges organizations to consider the obligation to submit annual compliance re- ports online. "Certainly, from an employ- ment perspective, although I haven't seen one of these compli- ance reports yet, I would antici- pate that what they would require [is] some statement or verifi ca- tion that an assessment had been made of the employment prac- tices and that accommodations were in place for those employees requiring it," he suggests. Employers should also be aware that the act has teeth. It allows the appointment by the Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Authors of Leading Text • Wrongful Dismissal Employment Class Actions Labour Relations Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Employment Standards Disability 82 Scollard Street, Toronto, Canada, M5R 1G2 Phone: (416) 921-7997 Fax: (416) 921-3662 web: www.staceyball.com deputy minister of inspectors to fi nd out whether the act is be- ing followed. If an order is made, non-compliance can lead to fi nes of up to $100,000. While employers are familiar with accessibility requirements under human rights legislation, these new regulations could prove challenging for some businesses to comply with. "For us, the biggest thing will be what happens once the rubber hits the road," says Gale. "Th at's when I think we'll see some challenges under this legislation and perhaps in areas we haven't contemplated." Ownership notwithstanding, your business is our business. The most productive relationships are born of mutual understanding. That's why we're as committed to getting to know our clients' business as we are to helping them understand the intricacies of labour and employment law. Toronto 416.408.3221 I www.lawtimesnews.com London 519.433.7270 I filion.on.ca 7/8/08 10:44:18 AM

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