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By MacLeod Law Firm, February 1, 2013 10:36 am

Many employers do not know about Accessibility for Ontarians with Disabilities Act (AODA).

This law came into effect in 2005 however it did not impose any obligations on most small, private sector employers until January 1, 2012. Many employers are not aware of these obligations.

About two weeks ago, one of our client’s received a letter from the Ontario government. Her organization was given 15 business days to comply with AODA. Thereafter the organization was subject to a fine of $ 50 000 for each day the organization did not comply with AODA.

This article addresses five commonly asked questions about AODA.

Does the AODA apply to your organization?

This law applies to organizations that provide goods or services to members of the public or other third parties and that has at least one employee (a provider). This includes organizations that only sell products and services to other businesses. It does not apply to sole proprietors or federally regulated organizations like banks.

Who needs to receive accessibility training?

Every person who deals with members of the public or other third parties on behalf of the provider including employees, agents, and volunteers. And every person who participates in developing the provider’s policies, practices and procedures governing the provision of goods or services to members of the public or other third parties.

What are the provider’s obligations under the Customer Standard of AODA?

Obligations include:  establishing policies, practices and procedures on providing goods or services to people with disabilities; providing people with disabilities with notice of a temporary disruption in facilities or services; and providing training to certain persons about the provision of its goods or services to persons with disabilities

When are providers required to comply with the AODA?

Most organizations were required to comply with Accessibility Standards for Customer Service (the Customer Standard) by January 1, 2012. A provider with at least 20 employees was required to file an accessibility report by December 31, 2012.

How many written policies and procedures is a provider required to prepare under the Customer Standard?

A provider can create one document that incorporates most required policies and procedures, or a provider can create more than one document. Providers with at least 20 employees are required to create more written documents.

If you have any questions about AODA compliance, you can contact us at 1888-640-1728 or at inquiry@macleodlawfirm.ca

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By MacLeod Law Firm, December 12, 2012 9:27 am

HEADS UP!  AODA compliance reporting is due December 31, 2012

Are you aware of your obligations under the Accessibility for Ontarians with Disabilities Act (AODA)?  Many employers are not, and the first phase of these obligations has already begun.

Did you know that as of January 1, 2012, AODA required every provider of goods and services to comply with the Customer Service Standard?

Did you know that as of December 31, 2012, AODA requires any provider of goods or services with 20 or more employees to file a Customer Service Accessibility Compliance Report?

If you answered “no” to any of these questions, let’s get you on the right track now!

Complying with the Customer Service Standard is as easy as 1, 2 (and sometimes 3 & 4)

For every provider of goods and services

Step 1. Prepare an accessible customer service policy. Click here for a template.

Step 2. Train Employees on the Customer Service Standard.  Complete a 45 minute online training course by clicking training course.

For every provider of goods and services with 20 or more employees

Step 3. Keep a written copy of your accessibility policy and notify customers that a copy is available upon request. This notice should be posted in a conspicuous space or on the organization’s website. Keep a record of employee training.

Step 4. File your Customer Service Accessibility Report by December 31, 2012. Click for directions on compliance reporting.

This is just the first phase of the AODA compliance requirements.  Stayed tuned for more information and suggestions on how to meet your obligations in 2013.

If you have any questions about employers’ obligations under AODA, please call us at 1–888-640-1728 or email us at inquiry@macleodlawfirm.ca. You can follow us on twitter or subscribe to our employment law blog 

The material and information provided in this blog is for general information only and should not, in any respect, be relied on as legal advice or opinion. The MacLeod Law Firm makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of any information linked or referred to or contained herein. No person should act or refrain from acting in reliance on any information found on this blog, without first retaining counsel and obtaining appropriate professional advice from a lawyer duly licensed to practice law in the relevant jurisdiction.

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By MacLeod Law Firm, January 28, 2012 3:49 pm

Employment Laws in Ontario

Employment laws in Ontario are changing. Our blogs (i) explain how statute laws impose rights and obligations on employers; (ii) explain why terminating certain types of employees can attract more liability than others; (iii) identify proactive measures that an organization can take to reduce the legal exposure associated with its workforce; (iv) dispel common misconceptions about employer rights; and (v) summarize important legal cases of interest to employers.

(i) Explaining how Statute Laws Impose Rights and Obligations on Employers

Here are two recent examples:

On January 1, 2012 certain provisions of the Accessibility for Ontarians with Disabilities Act became law.   If you are unsure of your organization’s obligations under this law, read our blog, 5 Things You Should Know About the Accessibility for Ontarians with Disabilities Act for more information.

If you employ 20 or more workers and don’t have a joint health and safety committee with a “certified” worker representative, then we suggest you take a look at our post, 7 Things You Should Know About the Occupational Health & Safety Act to find out more.

(ii) Identifying Instances where Terminating Employees can Attract Extra Liability

For example, if your organization is thinking about terminating an employee who has been on long-term disability for a long period of time, make sure you read our blog, Terminating An Employee on Long-Term Disability: Be Very, Very Careful before you make any decisions.

(iii) Identifying Proactive Measures that your Organization can take to Reduce Legal Exposure

We suggest that most organizations implement a sexual harassment policy. For a detailed explanation, see the article Investigating Sexual Harassment Complaints: Do you have a policy?.

Similarly, we believe there are a number of ways to protect an organization from departing employees. You can find out more about this topic by reading our blog, How to Protect Your Business From a Departing Employee.

( iv) Dispelling Common Misconceptions About Employer Rights

For instance, many employers believe they have the right to temporarily lay off an employee without attracting any legal liability, but this isn’t necessarily the case. To find out the facts, please visit our blog post, Beware of Temporary Layoffs.

(v) Summarize Important Legal Cases of Interest to Employers

For example, on January 18, 2012 Ontario’s highest court recognized a right to privacy that could require changes to existing employer practices and policies. For more information on this case, please visit our blog post Ontario’s Highest Court Recognizes a Right to Privacy.

We want our blogs to be practical and relevant. We therefore encourage you to e-mail us at inquiry@macleodlawfirm.ca if you want us to blog on a particular topic.

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By MacLeod Law Firm, December 17, 2011 12:49 am

Many employers are completely unaware of their obligations under this law. There are a myriad of obligations that are imposed on employers under this law. This blog addresses a small number of these obligations. If you have never heard of this law, read on!

Who must comply with the Act?

Private and public sector employers must comply with the Act, including charities and non-profits.

Are small employers exempt from the Act?

No, however, employers with fewer than 20 employees have fewer obligations under the Customer Service Standard.

When are employers required to comply with the Act? (Some examples)

As of January 1, 2012 (that’s in less than 2 weeks!!!), private sector employers who provide goods or services to the public must comply with the Customer Service Standard.

As of January 1, 2012, all employers must provide individualized emergency response information to employees with disabilities if the employer is aware of the need for accommodation and if the specific disability requires individualized information.

As of January 1, 2016 most organizations that employ 50 or more people will be required to comply with the Employment Standard.

As of January 1, 2017 most organizations that employ fewer than 50 people will be required to comply with the Employment Standard

What is a Customer Service Standard? (Some examples)

• Must communicate with persons with disabilities in ways that account for their disabilities.
• Must allow people with disabilities to be use guide dogs or service animals, unless otherwise excluded by law.
• Must train employees, volunteers and others who interact with the public about a number of specified accessibility issues.

What is an Employment Standard? (Some examples)

• Must notify the public and employees about the possibility of accommodation during the hiring process.
• Must create accommodation plans for employees with disabilities.
• Must provide employees with information required for the performance of their jobs in accessible formats when employees request such information.

More information on this law is available at http://www.mcss.gov.on.ca/en/mcss/programs/accessibility/customerService/index.aspx

To download a copy of our publication, “20 Areas to Consider When Conducting Your Own Workplace Audit”, please visit www.macleodlawfirm.ca/employers

If you have questions about the Accessibility for Ontarians with Disabilities Act, please contact us at inquiry@macleodlawfirm.ca or call us at 1-888-640-1728 at your convenience.