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Recently we came across an article on Healthzone.ca that discussed a situation in Toronto with regards to accessibility for Ontarians.

A Starbucks in Toronto installed an access ramp in October 2011, much to the delight of patrons desiring a fully accessible entrance. The management company of the building stated they "thought it was the right thing for us to do, to put the handicapped ramp along the west side of the building to access Starbucks".

Unfortunately the ramp was removed two weeks later from the city owned sidewalk. Toronto city manager Kyp Perikleous stated that the permit had been denied, due to the fact that the ramp forced pedestrians to walk on the boulevard, and also presented an issue when it came to the clearing of snow and ice in the winter.  States Kyp, "If we allow individual properties to start putting things right on the sidewalks, we're not being fair to all residents"

This can be confusing for business owners, with the recent Accessibility for Ontarians with Disabilities Act passed in 2005, where Ontario is working towards a fully accessible province by 2025.

However, it is important to note that the first standard to be compliant with (by January 1^st 2012), is the A.O.D.A Customer Service Standard which requires Ontario businesses to provide their goods and services in a way that is accessible for all Ontarians. The Customer Service Standard does not require physical changes to increase the accessibility. 

There are 5 Standards within the A.O.D.A., consisting of the Customer Service Standard, Transportation Standard, Information & Communication Standard, Employment Standard and the lastly the Built Standard. The Built Standard is still currently in development, meaning there are no legislative requirements at the moment specific to the A.O.D.A to make your establishment physically accessible.

While it is commendable that Starbucks is trying to make their facility fully accessible for all patrons, the lesson to be learned here is to be sure your city's bylaws allow such a ramp and that you get an approved permit to build before you implement any changes to the physical accessibility of your building.

As described in the article, one of Starbucks customers for the last four years has knocked at the side door to order her latte and have it brought to her. Under the A.O.D.A Customer Service Standard, this appears to be an acceptable way to provide the goods and service.  This particular Starbucks location has developed a policy and procedure in which to serve customers who are not able to access their facility, while adhering to the four core principles of dignity, independence, integration and equality of opportunity.  

Remember, many obligations can be met with modest measures under the A.O.D.A Customer Service Standard, and many are simply a courtesy that providers may have not considered before.

Learn more about the A.O.D.A Customer Service Standard and access resources by clicking here

Get compliant with Clear Path's A.O.D.A Do-it-Yourself Package!

News Source: http://www.healthzone.ca/health/newsfeatures/article/1157239--making-businesses-accessible-to-all-has-its-obstacles

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Information regarding reporting on accessibility is now available. Starting January 1, 2012 the Accessibility Standard for Customer service came into effect for all Ontario businesses and organizations with one or more employees.

Organizations with 20 or more employees are required to report their accessibility by December 31, 2012.

Instructions for reporting to the Ontario Ministry of Community and Social Services can be found by clicking here.

Instructions are also duplicated below

Step one: Create your ONe-Source account

The first thing you’ll need to do is set up your ONe-Source account. (You may already have one if you have used ONe-Source services before.)

Here’s how to create your ONe-Source account:

• Visit ServiceOntario’s ONe-Source for Business.
• On the right side of the page, you’ll see My Account. Click on Sign-up.
• Create your ID and password. Click on Continue.
• Set your recovery questions. Click on Continue.
• Review the Terms and Conditions of Use. Enter your Password and click on I agree.
• Complete your ONe-Source for Business profile. Click on Create My Account.

Step two: Complete, certify and submit your accessibility report

Now that you have created your ONe-Source account, you are ready to complete, certify and submit your accessibility report.

• Click on the Accessibility Compliance Reporting (ACR) tab and follow the prompts.

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A recent Globe and Mail article highlighted the confusion that many small to medium sized businesses are facing as they start to try and comply with the Accessibility for Ontarians with Disabilities Act (AODA).  As of January 1, 2012 all provincially legislated businesses that provide goods or services either directly to the public or to other organizations in Ontario, and have more than one employee are required to comply.

What are the common misunderstandings?

• Confusion about what the customer service standard is all about-“It’s not about putting in ramps and automatic doors”.
• People automatically associate mobility when they think of disabilities and what needs to be done to accommodate them physically

The AODA Customer Service standard is about “attitude change and empowering your employees to be confidant when providing customer service to people with disabilities” states Russ Gahan, who is currently working with the Ontario government to raise awareness about the AODA.

This checklist from the Ontario Ministry of Community and Social Services is helpful to make sure you’ve done everything.

1.   Create and put in to place an accessibility plan that:

• Considers a person's disability when communicating with them
• Allows assistive devices in your workplace like wheelchairs, walkers, and oxygen tanks
• Allows service animals
• Welcomes support persons
• Lets customers know when accessible services are not available
• Invites customers to provide feedback

2.   Train your staff on accessible customer service
3.   Put your plan in writing

• Let customers know how to find your plan
• Offer your plan in accessible formats if requested

4.   Report your progress online

Clear Path offers an AODA Do-It-Yourself package as well as an informative morning learning session; Introduction to AODA: Customer Service Standard that will provide you with a clear understanding of your obligations and strategies to enable you to become compliant.  Click here to find out more.

Sources: Globe and Mail “Ontario Disabilities Act Creates Compliance Confusion" Jan 06 2012

http://www.mcss.gov.on.ca/documents/en/mcss/accessibility/Tools/Checklist_more20_en.pdf

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Along with the AODA Customer Service Standard that came into effect on January 1, 2012 two new safety requirements were implemented as well. One of them is if you provide public emergency information, you are required to make it accessible upon request.

This means that upon request you would be required to make your emergency and public safety information accessible to people with disabilities and work with the person requesting the information to figure out how you can meet their needs as soon as possible. Examples of public safety information include emergency plans and procedures, maps, warning signs, evacuation routes or information about how emergency alerts are conducted.

Does this apply to my organization?

This applies if you answer "yes" to both of these questions:

• Do you have emergency procedures, plans or public safety information?
• Do you make them available to the public?

Examples

(Sourced from The Ministry of Community and Social Services of Ontario)

1. Norman works for a small, family-run motel where the fire escape procedures are posted on the back of every door. Norman wants to print maps in a tactile format but cannot afford the cost. Instead when a guest with vision loss asks for this information, Norman talks to the guest about his needs, and walks him through the evacuation procedure
2. Before customers start to play, Stan's paintball and laser tag company shows a short video on what to do if someone gets hurt. A customer with a hearing loss asks for an accessible format, so Stan gives her a transcript of what's said in the video.

How do I get Started?

The first thing you should to is take inventory of what information you provide to the public, and from there focus on whether any of your materials would present a challenge for someone with a disability to read, see, hear or understand. There is no specific law on what formats you are required to use--just that you work with the public, figure out what they need and do so upon request as soon as possible. In some cases you may be able to communicate the information right away by reading aloud, providing the doucment in large print or a transcript (for the hearing imparied) however in some cases it may take longer based on the individual's needs.

If you have questions about the AODA Customer Service Standard, or requirements for providing emergency information please contact Anna Aceto-Guerin directly at anna@clearpathemployer.com or by phone (519) 624-0800. Clear Path is also hosting an Introduction to AODA learning session on Wednesday January 25 2012 at the Cambridge Chamber of Commerce. Click here to register.

Sources: www.mcss.gov.on.ca

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Accessibility for Ontarians with Disabilities Act(AODA)

The Ministry of Community and Social Services has a form you can fill out on their website to sign up to receive updates on:

• When the online customer service reporting tool will be ready
• How to file your customer service report early (manually)
• Receiving updates on the next 4 standards: Transportation Standard, Employment Standard, Information & Communication Standard and the Build Environment Standard.

Click here for the link to access the form

Check Clear Path's blog frequently for our updates on the AODA: Customer Service Standard and any new information on the upcoming standards!

If you have any questions about the (AODA) please contact us by phone at (519)-624-0800 or by email, anna@clearpathemployer.com

Here's an excellent example of how a national grocery chain is complying with one of the 11 requirements under Ontario's upcoming AODA (Accessibility for Ontarians with Disabilities Act) Customer Service Standard legislation, which comes into effect on January 1, 2012.

Is your business ready? Clear Path can help. Call Anna to learn more about our upcoming information sessions and about our Do-It-Yourself AODA package.

You can reach Anna at (519) 624-0800 or anna@clearpathemployer.com.

The deadline for implementation of the Customer Service Standard portion of the Accessibility for Ontarians with Disabilities Act (AODA) is fast approaching!

As of January 1^st all provincially regulated businesses with at least one employee are required to comply.  With only 3 months left to   go, now is the time to start getting your business ready. It’s not something you want to leave until December, which can already be a  busy time of year.

So what can you do now?

•  Attend one of Clear Path’s upcoming AODA sessions to learn more about your obligations. Click here for more details.
• Appoint an AODA designate in your workspace that will be in charge of communicating the standards required and directing the implementation of them. This person should also regularly keep up on news releases and training opportunities regarding upcoming legislations of the remaining 4 standards.
• Perform a GAP analysis. Ask yourself, “where are we?”, “where do we want to be”? Review your current policies, practices and procedures and determine what steps you will need to take to make your goods and services more accessible. Clear Path can help you through this process. Contact Anna for more details.
• Post signs on your premises and/or website stating “if you require any special assistance, please let us know and we’ll do our best to meet your needs”.
• Learn more about the requirements of Ontario’s Human Rights Code and ensure your AODA efforts meet the threshold set by it
• Establish a feedback process now on how you provide goods or services to people with disabilities.  Getting feedback now could be very helpful in identifying improvements to make prior to the January 1^st deadline for full compliance
• Be proactive and make positive use of the time available to get your business ready! For additional resources, visit our Tools section or the Ministry of Community and Social Services www.mcss.gov.on.ca/en/mcss/programs/accessibility/customerService.

The Ontario government passed the Accessibility for Ontarians with Disabilities Act (AODA) to a standing ovation in 2005. Its aim was to make the province fully accessible by 2025. For logistical purposes, the legislation broke out 5 "standards" to be implemented by public and private companies (all of which would require additional legislation to finalize).

The first of these 5 "standards" passed was the Customer Service Standard, passed in 2008, which gives rules for businesses to ensure that they are providing their goods and services in a way that is accessible to those with disabilities. It came into effect on January 1, 2010 for the public sector and businesses in the private and non-profit sectors must be compliant with its regulations by January 1, 2012. See our blog entitled "AODA: Good News and Bad News for Employers" for more details.

News:

In June 2011, the McGuinty government passed legislation that enacts 3 of the remaining 4 "standards," call the Integrated Accessibility Regulation.  The 3 new standards focus on transportation, information & communication, and employment regulations for people with disabilities. This regulation came into effect July 1, 2011. Exact deadlines for compliance are yet to be determined, but are expected to be 2013 or later.

The Accessibility Standard for Information and Communication is meant to ensure business owners and government agencies help people with disabilities access more sources of information. This includes websites, public libraries, textbooks, public safety information, and marketing materials.

The Accessibility Standard for Employment has the goal of helping employers acquire, support and retain skilled employees, even when they have accessibility issues. This standard is intended to make accessibility a normal part of finding, hiring and communicating with employees.

The Accessibility Standard for Transportation focuses on making transportation services accessible. This includes buses, trains, subways, streetcars, taxis and ferries. Some requirements for this standard come into effect on July 1, 2011. These requirements include equal fares for all customers, making verbal pre-boarding and on-board announcements and providing courtesy seating. Additional requirements will be phased in over time.

Work is continuing on the 5th and most controversial standard, the Built Environment Standard. This standard will require that physical buildings be made fully accessible, but is running into conflicts with those advocating for the preservation of historical buildings and other groups. This standard is not expected to become law in the immediate future.

For more information about the AODA legislation, please contact Anna at Clear Path's office at (519) 624-0800 or anna@clearpathemployer.com. We also recommend you register for one of our upcoming training sessions. To learn more, click here.

In 2005, the Ontario government passed the Accessibility for Ontarians with Disabilities Act (AODA) with the goal of making the province fully accessible for people with disabilties by 2025. This Act will eventually bring significant changes to various aspects of our society, including new rules for buildings and physical structures, employment, transportation, and information & communication.

These changes will be implemented through a series of five "standards," each covering a different area and with a different timeline. Only one of the standards, the AODA Customer Service Standard, has been passed to date and is the subject of this blog entry.

As for the other standards, the Ministry of Community and Social Services recently released a draft of regulations to combine 3 of the 4 remaining standards into one piece of legislation (Integrated Accessibility Standards). The Built Environment standard (changes to physical structures) remains in development and is particularly challenged by concerns over changes to historical buildings.

AODA Customer Service Standard:

As mentioned, the first of these standards (and perhaps the least onerous) is the AODA Customer Service Standard, which requires all Ontario businesses to provide their goods and services in a way that is accessible to all Ontarians. The Act does not require that goods and services themselves be accessible (that may be covered in future standards), only the way in which they are provided. It also gives employers freedom to determine the best accessibility options for their own workplace. The standard really is a "nudge" (rather than a "big stick") to encourage businesses to implement fairly modest changes, many of which may open themselves up to receiving more business from an aging society where at least 15% of the population have with some kind of disability.

The standard applies to all Ontario businesses with at least 1 employee and came into effect for public sector (government) organizations on January 1, 2010. For private businesses and not-for-profits, the deadline for compliance is January 1, 2012.

Businesses must comply with 11 regulations covering a number of areas, but all of them emphasize the core principles of dignity, independence, integration, and equal opportunity. To read about the specific requirements, please click here.

AODA: Positive aspects for employers 

Ability for employers to comply:

• For many employers, relatively modest measures are all that is necessary for compliance (this is not to say that they don't need to take the necessary steps listed in the regulations).
• The Act states that persons with disabilities may not dictate what steps the business takes to be more accessible, only that reasonable options must be available. For example, a person with vision issues may request a Braille version of company literature, but if the business is not able to provide that format, it can offer alternatives such as providing in a large print format, electronic versions that may be read by text-reading software on a home computer, or simply have an employee read the document to the customer.

• Fines for non-compliance are fairly modest ($200 - $15,000), unless the business is in breach of a government order, when much more significant penalties apply. However, providers must be aware that submitting a claim through Ontario's Human Rights Tribunal continue to be an option for any dissatisfied customer.

Support Resources:

• Unlike the recent Bill 168 legislation (Workplace Violence & Harassment), the government has given businesses plenty of time to comply and provided a signficant amount of documentation (guides, policy examples, surveys, etc.) for employers to use.

• Click here to access some of the government-created support documents.

Business Impact:

• Implementing more accessible customer service practices may increase business opportunities, particularly since 15% of the population have some type of disability.

• The Act does not require businesses to provide free services (i.e. admission fees) to support workers, although the business may choose to do so.

Autonomy:

• Service providers are free to determine what accessibility options make the most sense in their particular business. Ideally, communicating with a person with a disability on what would be the best way to service them will result in the best solution. However, the Act does not mandate absolute requirements, such as making all doors and aisles wheelchair accessible.
• Providers can set up their own Feedback Processes to get feedback from those with disabilties, which may be integrated into existing feedback mechanisms.

• Self-reporting of compliance through annual "Accessibility Reports" for businesses with at least 20 employees.

AODA: Challenges employers may face

Impact on your bottom line:

• Costs for training staff, modifying structures, establishing policies/procedures, and purchasing any assistive devices for internal use (i.e. scooter with a basket) are to be absorbed by the employer.

• Providing sufficient time for a customer who needs significant extra time to complete a transaction with you without rushing them (in order to comply with principle of "Dignity") may force provider to hire additional staff or have other customers dissatisfied with their service.

Unintentional non-compliance:

• An employer that installs a TTY (Telephone Teletype) device for people who are Deaf or have a speech impairment, but does not check the line often enough may be in breach of the "Dignity" and "Equal Opportunity" principles since they are effectively asking disabled person to accept lesser service

• Addressing a support worker rather than the disabled person may be in breach of the standard.

Spontaneous requests and handling non-visible disabilities:

• Communicating with regular customers about the best way to meet their specific needs is good business sense. However, spontaneously being able to meet the needs of new customers may be challenging. In addition, if the nature of the business involves numerous short-term transactions and/or one-time purchases, it may be difficult to prepare for all scenarios.

• Employers may be able to meet common accessibility requirements, but may not be familiar with needs of lesser known disabilities or non-visible disabilities (i.e. brain injury, mental or psychological disabilities). For example, a customer with a mental health disability that makes it difficult to be in crowded space may be offered a table apart from others. This may be feasible for some businesses, especially when provider is aware of the needs of a regular customer. However it may be difficult to provide this special seating "on the spot" for a new customer.

Service animals:

• Most people are familiar with the use of seeing eye dogs, but there are other types of service animals (horse, rabbit, monkey, etc.)  that can be used to assist people with a variety of disabilities (autism, mental health disabilities, those with physical or dexterity disabilities, etc.) that must be allowed in your place of business. If in doubt, a note from a doctor or nurse may be requested.

• Managing the conflicting needs of a disabled person with those of customers or staff members with allergies (related to a service animal) may put the employer in a difficult position.

Proprietary information:

• Some organizations may have concerns about providing proprietary information or intellectual property in written, video or audio format that may be shared with others.

To learn more about the AODA Customer Service Standard and how Clear Path can help your business become compliant, contact Anna at anna@clearpathemployer.com or (519) 624-0800. You may also choose to register for one of our upcoming learning sessions.

By David Guerin, Clear Path Employer Services (2011)