Accessibility for Ontarians with Disabilities Act (AODA)
Combined Customer Service & Integrated Accessibility Standards Training Program
This training program is provided to you by:
www.prolearningonline.com 647-847-1853
Important Notice: Reproduction or redistribution of this material in any form without the prior written consent of proLearning Innovations is expressly prohibited.
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
Table Of Contents DID YOU KNOW? ...................................................................................................................... 4 COMMON MYTHS ABOUT DISABILITIES ................................................................................ 4 THE AODA – IT IS THE LAW!.................................................................................................... 6 COMPLYING WITH THE AODA – IT’S JUST GOOD BUSINESS .............................................. 6 EFFECTIVE CUSTOMER SERVICE .......................................................................................... 8 PHYSICAL DISABILITY ............................................................................................................ 8 HOW MIGHT YOU RECOGNIZE THAT SOMEONE HAS A PHYSICAL DISABILITY? .............. 9 WHEN COMMUNICATING WITH A PERSON WITH A PHYSICAL DISABILITY….................... 9 WHEN SERVING A CUSTOMER WITH A PHYSICAL DISABILITY… ......................................10 HEARING DISABILITY .............................................................................................................10 HOW MIGHT YOU RECOGNIZE THAT SOMEONE HAS A HEARING DISABILITY? ..............11 WHEN COMMUNICATING WITH A PERSON WITH A HEARING DISABILITY… ....................11 HOW MIGHT YOU RECOGNIZE THAT SOMEONE HAS A VISUAL DISABILITY? ..................12 WHEN COMMUNICATING WITH A PERSON WITH A VISUAL DISABILITY… .......................13 SPEECH AND LANGUAGE DISABILITIES ..............................................................................13 WHEN COMMUNICATING WITH A PERSON WITH A SPEECH OR LANGUAGE DISABILITY… ..........................................................................................................................13 LEARNING DISABILITY ...........................................................................................................14 CUSTOMER-RELATED CHALLENGES OF A PERSON WITH A LEARNING DISABILITY .....14 WHEN COMMUNICATING WITH A PERSON WITH A LEARNING DISABILITY… ..................15 MENTAL HEALTH DISABILITY ...............................................................................................16 WHEN COMMUNICATING WITH A PERSON WITH A MENTAL HEALTH DISABILITY… .......16 INTELLECTUAL / DEVELOPMENTAL (I/D) DISABILITIES .....................................................16 WHEN COMMUNICATING WITH A PERSON WITH AN INTELLECTUAL / DEVELOPMENTAL DISABILITY… ..........................................................................................................................17 ONTARIO HUMAN RIGHTS CODE..........................................................................................19 DUTY TO ACCOMMODATE ....................................................................................................20 INDIVIDUAL ACCOMMODATION PLANS ...............................................................................21 EMPLOYMENT STANDARD ....................................................................................................22 WORKPLACE EMERGENCY RESPONSE PLANS .................................................................24 SCENARIO ..................................................................................................................................25 SCENARIO ..................................................................................................................................25 Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
1
Accessibility for Ontarians with Disabilities Act (AODA) Training Program SCENARIO ..................................................................................................................................26 SCENARIO ..................................................................................................................................26 INFORMATION AND COMMUNICATIONS STANDARDS .......................................................27 SCENARIO ..................................................................................................................................28 SCENARIO ..................................................................................................................................28 CONGRATULATIONS..............................................................................................................29
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
2
Accessibility for Ontarians with Disabilities Act (AODA) Training Program Welcome to the Accessibility for Ontarians with Disabilities Act Welcome to the Accessibility for Ontarians with Disabilities Act, otherwise known as the AODA, training program. In this program, we will tell you about each of the 5 Standards under this legislation. By the end of this training program, you will understand how the AODA will help ensure Ontario reaches its’ goal of becoming fully accessible by 2025. You’ll also understand the critical role you play as an employee both when serving a customer with a disability and when working with colleagues who have disabilities.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
3
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
Did You Know? About 1.85 million people - or 15.5% of Ontario’s population - have a disability. That’s about one in seven people. As baby boomers age over the next 20 years, this number is expected to rise to one in five. Almost half of all persons over the age of 65 have disabilities and by 2025, 1 in 5 Ontarians will be 65 or older. Disabilities can be both visible and invisible, with invisible disabilities being less obvious. Disabilities can be temporary or permanent. The presence and impact of a disability may be periodic. You probably know someone who gets migraines, suffers from severe back pain that comes and goes, or experiences seasonal depression, known as Seasonal Affective Disorder. Disabilities come in a variety of forms, some of which you may not have considered or recognized as a disability.
Common Myths about Disabilities Myths about disabilities are very common. They exist for two main reasons: The first is ignorance. Some people don’t have much awareness or understanding about persons with disabilities. As a result, they’re more likely to accept myths as facts. The second is fear. People sometimes fear things they don’t know much about. When we’re fearful, it’s not uncommon to create or accept false ideas. Myths about any particular group create stereotypes which can lead to discriminatory behaviour, prejudice, and societal barriers. This can affect your ability to communicate effectively with, and serve, persons with disabilities.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
4
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
Demystifying Common Myths about Disabilities Let’s take a moment to demystify some common myths about persons with disabilities. By exploring these myths in greater detail, you will see that persons with disabilities are very similar to persons without disabilities - minus some unique challenges. As human beings - regardless of whether we have a disability or not - each of us deals with challenges in our own individual way. The degree to which we’re able to cope with challenges is based largely on factors such as our temperament, personality, and upbringing. To learn more about common myths related to persons with disabilities, please first read the MYTH (left-hand side of table) and then learn the TRUTH (right-hand side of table). You’ll probably be surprised by some of what you’re about to learn. Persons with disabilities are sick and in constant pain.
Persons with disabilities are like persons who do not have disabilities. Some may be sick and in constant pain, but many are not.
Persons with disabilities are courageous and inspirational for living with their disability. Persons with disabilities are special and should be treated differently.
Persons with disabilities are like persons who don’t have disabilities. All people have some challenges affecting their daily lives - but this doesn’t mean they’re courageous, special, or deserve to be treated differently.
Having a disability does not automatically result in a poor Disability is a tragedy, a constant burden quality of life. Persons with disabilities want to be treated as and deserves our pity. equals, not pitied. Persons with disabilities are dependent and always need help.
All persons have trouble doing some things and require assistance. Persons with disabilities require help from time to time, but this does not imply constant dependency.
Persons with disabilities are poor.
Not all persons with disabilities are poor. Like the rest of us, some are poor and some are not.
Persons with disabilities cannot lead a full and productive life.
Persons with disabilities are capable of fully participating in day-to-day life. It’s important to shift your focus to the persons’ abilities, and not their disability.
Lives of individuals with disabilities differ greatly from those of persons without disabilities.
Each disability is different and each person’s experience with their disability is also different.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
5
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
The AODA – It is the Law! The AODA became law on June 13, 2005. Under this law, public sector organizations were required to comply with the first standard of the Act, the Accessibility Standards for Customer Service, by January 1, 2010. Private sector organizations needed to comply by January 1, 2012. The Customer Service Standard, which is the first of five standards under the AODA that organizations needed to comply with, was created to help ensure that people with disabilities receive the excellent level of customer service to which we are all entitled. Let’s begin by taking a look at this Standard in more detail.
Complying with the AODA – It’s Just Good Business According to the Royal Bank of Canada, persons with disabilities have an approximate spending power of about $25 billion, annually, across Canada. As the number of persons with disabilities in Canada continues to increase, this is a major market organizations do NOT want to neglect. Providing accessible customer service is crucial for a variety of reasons. First, it helps ensure that current and potential customers, including those with a disability, choose your organization over your competitors. These loyal customers will be far more likely to recommend your products or services to others. In addition, providing accessible customer service creates a positive public image of your company - another key factor which improves the bottom line. Taking concrete steps to both attain and retain a varied and diverse customer base encompassing families and friends of individuals with disabilities - is of key importance for your organization to thrive in today’s competitive economy.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
6
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
Complying with the AODA – The Customer Service Standard The following are the key components of the Customer Service Standard: 1. Create an organizational Customer Service Standard statement and prominently display it in a variety of key places, including your company’s website. An example of a Customer Service Standard statement is: Our organization is committed to providing accessible and equitable customer service to each and every one of our diverse and valued customers. 2. Design policies, practices and procedures for providing goods or services to persons with disabilities. 3. Provide training to all members of your organization, including volunteers. The objective of this training is to ensure your staff and volunteers are aware of the requirements of the AODA and are able to effectively communicate with persons with disabilities in a manner that takes into account his or her disability. 4. Adhere to all other organizational requirements listed under the Customer Service Standard, which include the following:
Persons with disabilities are to be allowed to bring their service animals into any and all establishments. The only exceptions to this are food preparation areas and operating rooms. If you cannot easily identify that the animal is a service animal, you can ask the person to provide documentation from a regulated health care professional.
In certain cases, an organization might require a person with a disability to be accompanied by a support person. If it is determined that this is the case, the fee for the support person must be waived, if one exists.
Notice of temporary disruption to facilities or services that persons with disabilities may use or access, must be provided. Examples of disruptions can include an escalator or elevator being out of service, an entrance closure requiring customers to take alternate route, an establishment closed for a period of time while the owner goes on holiday.
Establish a policy and process for receiving customer feedback on the quality of service experienced by the individual with a disability. The policy must outline actions to be taken if a complaint is received. Feedback processes must be accessible; therefore, organizations must provide or arrange for accessible formats and communication supports, on request.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
7
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
Effective Customer Service Effective customer service begins and ends with satisfying the customer. Every customer who comes into your establishment has different needs. It makes no difference whether you work in a corporate office, small business, medical office, manufacturing plant, warehouse, store, restaurant or financial institution; to be successful, you must meet or exceed your customer’s needs. It’s your responsibility as an employee to treat all customers equitably and with respect. This helps guarantee a positive customer experience. Customers with disabilities are just like any other customer, each having their own particular customer needs. An effective customer service representative can define what those needs are, and satisfy them in the best way possible. Let’s take a few minutes to learn some basic tips for dealing with customers who have one or more disabilities.
Physical Disability There are many types of physical disabilities, some more obvious than others. Physical disabilities may restrict a person’s ability to move freely, to perform some manual tasks, or to participate in certain activities.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
8
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
How Might You Recognize that Someone has a Physical Disability? How might you recognize that someone has a physical disability? Signs that a person may have a physical disability include:
Self-identifies, meaning they tell you they have a physical disability;
Uses an assistive device like a wheelchair, cane, scooter, or crutches;
Travels with a companion;
Has speech difficulties, or;
Physical indications such as a limp, a hunched or stooped back, an artificial limb, or lack of eye contact.
Remember that physical disabilities aren’t always immediately obvious. everyone with respect, dignity, and consideration at all times.
So treat
When Communicating with a Person with a Physical Disability… When communicating with a person with a physical disability, keep in mind the following:
Don’t hesitate to shake hands with someone who has an artificial limb, who’s missing a limb, or whose hands are holding crutches. It confirms that you see them as a person first. Let the person with the disability guide you with respect to the type and strength of the handshake by letting them grip first. Then match their grip;
Always address the individual directly. Don’t direct your questions or comments to a companion who is there helping. Most people who are physically disabled can speak for themselves;
If you don’t understand someone whose disability affects their speech, don’t pretend that you do. Ask them to repeat themselves until you understand. If they’ve repeated it a few times and you still don’t understand, suggest an alternative way of communicating such as writing - assuming they can physically do so. If you’ve tried your best but still have difficulty understanding what the person is saying, ask someone else for their assistance.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
9
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
When Serving a Customer with a Physical Disability… When communicating with or serving a customer who obviously has, or whom you suspect may have a physical disability, the following would be the best way to provide them with effective customer service:
Walk up to the individual and greet him or her. Clearly identify yourself as an employee of the company, and tell him or her what your role is;
Talk to the individual directly. Don’t direct your comments or questions to his or her support person;
Ask “How can I help you?” Wait until your offer is accepted before providing any help. If the person says they don’t need your help, don’t take offense or decide not to offer your help in the future. It doesn’t mean they don’t ever want your help, but that they don’t need it at this particular time;
When helping a person with a physical disability get to where they want to go, remember the following: o Walk at a pace that is comfortable for both of you; o Never grab, push, or pull when you are guiding someone, and; o Don’t lean against, push or pull a person’s wheelchair or scooter without their permission. And don’t move it without first asking permission - even if it’s to make space or to allow others to pass by. A person’s wheelchair or scooter is considered an extension of their personal space.
Hearing Disability According to Statistics Canada, more than half a million Canadian adults under the age of 65 have hearing disabilities, ranging from partial to total hearing loss. This number is on the rise, mainly due to a growing global population and longer life expectancies. As so much of our everyday communication relies on the spoken word, knowing how to effectively identify and communicate with a person with a hearing disability is invaluable. ‘Hearing disability’ is a term used to describe the loss of hearing in one or both ears. There are different levels of hearing disabilities:
Hearing disability refers to a complete or partial loss of hearing in one or both ears. The level of disability can range from mild to moderate to severe, and;
Deafness, which refers to the complete loss of hearing in one or both ears. Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
10
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
How Might You Recognize that Someone Has a Hearing Disability? How might you recognize that someone has a hearing disability? Take a moment to think about this. Signs that a person may have a hearing disability include:
Self-identifies, meaning they tell you they have a hearing disability;
Uses a hearing aid or other aid to communicate, such as a pen and paper;
Travels with a companion who acts as an interpreter;
Has a distinct and unclear manner or pattern of speech;
Responds only if looking directly at the speaker;
Cups a hand behind one or both ears or turns one ear toward the person who is speaking;
Leans forward and intently watches the person who speaking, or;
Shouts or whispers when talking.
When Communicating with a Person with a Hearing Disability… When communicating with a person with a hearing disability, keep in mind the following:
Pay attention to the individual’s reactions. A puzzled look might mean you need to clarify or repeat your remark. Be patient and ready to repeat any remark that’s misunderstood;
Present a clear and unobstructed view of your mouth, and directly face the individual at all times;
If the person uses an interpreter, address your comments and questions to the person with the disability, NOT to the interpreter;
Speak in a normal tone of voice;
Offer a pen and paper to improve communication;
Never walk in between two people talking in sign language as this will interrupt their conversation;
To get the attention of a person with a hearing disability and if you are unable to do so in any other way, lightly touch them on the arm or shoulder, and;
If the person has only a mild or moderate hearing disability, offer to move to a quieter location.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
11
Accessibility for Ontarians with Disabilities Act (AODA) Training Program As already mentioned, it can sometimes be difficult to know for sure whether someone has a hearing disability. If they don’t tell you, you may find yourself trying to have a conversation, unsuccessfully, with an individual who isn’t responding. This may lead you to conclude that the individual is unfriendly, ‘unusual’ or both. That’s why it’s essential to bear in mind that hearing disabilities aren’t always obvious, so you need to treat everyone with respect, dignity and consideration at all times, regardless of how they may be presenting themselves to you.
Visual Disability Currently, there are approximately 105,000 blind or severely visually disabled Canadians. As the baby boomer generation ages, that number is expected to increase by 1,000 people per month. This means the number of Canadians with a severe visual disability will double over the next 10 years. A visual disability may be a partial or total loss of vision.
How Might You Recognize that Someone has a Visual Disability? How might you recognize that someone has a visual disability? Take a moment to think about this. Signs that a person may have a visual disability include:
Uses a long white cane or a guide dog;
Appears to be lost or in the wrong place;
Seems to be confused, lost or unsure;
Doesn’t respond to common body language, like a smile, wave, or nod of the head. This may be misinterpreted as a sign of unfriendliness;
May not be aware when someone enters or leaves a room;
Uses a magnifier;
Has a support person with him or her, or;
Uses Braille.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
12
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
When Communicating with a Person with a Visual Disability… When communicating with a person with a visual disability, keep in mind the following:
Speak in a clear but natural voice – there is no need to shout;
Speak in your normal manner, using normal body language – relax and be yourself;
Don’t assume the person can’t see you;
Identify yourself when you approach the person;
Never touch anyone without asking permission, unless it’s an emergency.
Offer your elbow to guide the person. If they accept, walk slowly, letting them set the pace;
Be precise and clear when giving directions;
Don’t touch or address service animals. They’re working and must pay attention at all times;
Never leave without telling the person. Before leaving, guide them to a chair or a place where they’ll feel comfortable, and provide them with clear directions to the exit, and;
Don’t walk away without saying good-bye.
As with other disabilities, visual disabilities aren’t always obvious. So remember to treat everyone with respect, dignity and consideration at all times.
Speech and Language Disabilities People with a speech or language disability are generally unable to produce some speech sounds correctly. Examples of speech disabilities include difficulty pronouncing sounds and words, stuttering, and slurring of words.
When Communicating with a Person with a Speech or Language Disability… When communicating with a person with a speech or language disability, keep in mind the following:
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
13
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
Don’t automatically assume that a person who has difficulty speaking also has an intellectual disability or a hearing disability;
Don’t raise your voice;
If you don’t understand what’s been said, politely ask the person to repeat themselves;
To the extent that it’s possible, ask “yes or no” questions;
Demonstrate patience, respect and consideration at all times. This includes allowing the person to complete what they’re saying without interrupting or finishing their sentences for them.
Learning Disability Learning disabilities impact the brain's ability to receive process, analyze, or store information. It’s important to note that learning disabilities are in no way related to a person's intelligence. In fact, many very successful and famous people had or have learning disabilities, such as Thomas Edison, Michael Phelps, Whoopi Goldberg and Jay Leno, to name just a few. Individuals with learning disabilities can and do learn – they just find it difficult to do so in conventional ways.
Customer-Related Challenges of a Person with a Learning Disability People with learning disabilities face ongoing challenges on a daily basis. Just think of how often we need to draw on our reading and writing skills - whether it’s ordering food off a menu or completing a form. The following are customer-specific challenges persons with learning disabilities may face due to their reading or writing limitations:
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
14
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
Difficulty completing an application form, which is required for a driver's license, health card, bank account or bank loan, to name just a few;
Difficulty completing a new patient form at a doctor or dentist’s office;
Difficulty completing written tests to attain specific certifications, such as a driver’s or boating license;
Difficulty securing the professional services of a lawyer or an accountant, due to initially having to read and sign a document outlining terms and conditions of working together, or;
Difficulty returning merchandise to a retail store, in cases where a return form must be completed and signed by the customer.
When Communicating with a Person with a Learning Disability… When communicating with a person with a learning disability, keep in mind the following:
Ask how you can best help;
If a form needs to be completed, offer to help by reading the questions and writing their responses;
Provide information in a way that works best for the individual. For example, you can offer a paper and pen. Or you may be asked to break down instructions or information into smaller, more manageable ‘chunks’. In this case, check that the person has understood before moving on to the next piece of information;
Speak naturally, clearly, and directly;
Take your time. Individuals with learning disabilities may take a little longer to understand and to respond. Always be willing to explain something again if needed, and;
Be courteous and patient. This demonstrates your willingness to provide assistance in a way that works best for that particular individual.
Learning disabilities are invisible. It is therefore difficult, if not impossible, to identify someone who has a learning disability simply by looking at them. So the rule of thumb continues to be – treat everyone with dignity, respect and consideration at all times.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
15
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
Mental Health Disability Most mental health disabilities are broadly classified as either psychoses or neuroses. Psychoses are more serious, and are characterized by severe symptoms such as delusions, hallucinations, and the inability to evaluate reality. The symptoms of neuroses are less severe and more treatable. However, they can still seriously affect the activities of daily living. Persons with mental health disabilities look like everyone else. You likely wouldn’t know the person has a mental health disorder unless they tell you.
When Communicating with a Person with a Mental Health Disability… When communicating with a person with a mental health disability, keep in mind the following:
Treat the person with the same respect and consideration you would anyone else;
Behave in a confident, calm and reassuring manner;
Listen carefully and ask the person how you can best meet his or her needs, and;
If someone appears to be in a crisis or is having difficulty controlling their symptoms, ask them to tell you the best way you can help.
Intellectual / Developmental (I/D) Disabilities Persons with intellectual or developmental disabilities may have difficulty doing things most of us take for granted. These disabilities can mildly or severely, limit one’s ability to learn, communicate, socialize, and take care of everyday needs. You may not always be able to tell if an individual has an intellectual or developmental disability. Sometimes the disability is obvious based on how the individual looks, acts or speaks – other times it is less obvious.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
16
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
When Communicating with a Person with an Intellectual / Developmental Disability… When communicating with a person with an intellectual or developmental disability, keep in mind the following:
Don’t assume what they can or cannot do;
Use plain language and speak in short sentences;
Ensure the individual understands what you have said;
If you can’t understand what’s been said, politely ask them to repeat it;
Give one piece of information at a time;
Be supportive and patient;
Speak directly to the individual, not to a support person or companion, and;
Treat the person like you would anyone else. They may understand more than you think, and will appreciate being treated with respect, dignity and consideration.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
17
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
Integrated Accessibility Standards (IAS)
We are now going to look at the Integrated Accessibility Standards Regulation, which is comprised of the remaining four Standards under the legislation. The goal of this Regulation is to remove barriers in the workplace that may impact persons with disabilities. One way to remove barriers is to ensure we are all aware of the critical role each of us plays when working with persons with disabilities. We need to understand the different disabilities our colleagues may have. We also need to know how to behave in a manner that makes our co-workers with disabilities feel included and accepted. When someone is not successful in their job, it is most often because they don’t feel comfortable in their working environment. That is why every workplace must feel safe, welcoming and comfortable for all employees. This training program is designed to help create such workplaces. The goal of the IAS is to remove barriers in 4 specific areas, the first being Employment. The Employment Standard was created to expand Ontario’s labour pool and welcome people with disabilities into more workplaces. The second Standard under the IAS is the Information and Communications. This Standard was created to give people with disabilities access to more of the information we all depend on. The Transportation Standard applies only to individuals and/or organizations that offer transportation services to the public, so we won’t address it in this training program. We also won’t be addressing the details of the Built Environment in any depth, except to say this Standard focuses on removing barriers in two areas – public spaces outside and within buildings. Enhancements to accessibility in buildings will happen gradually Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
18
Accessibility for Ontarians with Disabilities Act (AODA) Training Program (at a later date) through Ontario’s Building Code, which governs all new construction and major renovations in buildings. Currently, in addition to outdoor public spaces, organizations need to ensure servicerelated elements such as service counters, fixed queuing lines and public waiting areas are accessible. More information about the Built Environment can be found on the government website: http://www.mcss.gov.on.ca/en/mcss/programs/accessibility/built_environment/index.aspx NOTE: AS OF JULY 1, 2016, THE CUSTOMER SERVICE STANDARD HAS BEEN INCORPORATED INTO THE INTEGRATED ACCESSIBILITY STANDARDS
Ontario Human Rights Code The Ontario Human Rights Code ALSO helps to ensure all Ontarians, including those with disabilities, enjoy equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of EVERY person in Ontario. It applies to employment, housing, facilities and services, as well as memberships in unions, trade or professional associations. In a workplace setting, the Ontario Human Rights Code states that employees with disabilities are entitled to the same opportunities and benefits as employees without disabilities. “Disability” covers a broad range and degree of conditions, some visible and some invisible. A disability may have been present from birth, caused by an accident, or developed over time. Examples include physical, mental and learning disabilities, hearing or vision disabilities, drug and alcohol dependencies, environmental sensitivities, as well as a number of other conditions and illnesses.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
19
Accessibility for Ontarians with Disabilities Act (AODA) Training Program The following is a detailed description of “disability” under the Ontario Human Rights Code. “Disability” means… (a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device, (b) a condition of mental impairment or a developmental disability, (c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language, (d) a mental disorder, or an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997
Duty to Accommodate To ensure that persons with disabilities are not discriminated against, special arrangements or “accommodations” may need to be put in place. This is known as the Duty to Accommodate. In a workplace setting, once an employer is made aware that their employee has a disability, they are obligated to accommodate that individual so he or she is able to do their job. The only two circumstances where it would be acceptable to NOT employ an individual with a disability are when: 1. The person can’t perform the essential duties of the job, even with accommodations. 2. The accommodation required would create what is known as “undue hardship” for the organization. For example, when the accommodation required would be so expensive that it could put the company out of business, or could put others in the organization at risk due to health or safety reasons. Undue hardship is difficult to prove so should be used with extreme caution!
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
20
Accessibility for Ontarians with Disabilities Act (AODA) Training Program Other important information you need to know about an employer’s duty to accommodate is that: •
Employers are only expected to accommodate disabilities they are made aware of. They aren’t expected to diagnose or guess at the health of their employees. So if you have a disability that requires an accommodation, let your manager know.
•
Accommodation requests should be accepted in good faith, respecting the dignity of employees. This means, in part, that it is not appropriate for a manager to ask for a second opinion to prove or disprove a person’s disability or to avoid providing the accommodation.
•
A manager can ask for additional information, as long as it is limited to the type of limitation or restriction required in order for their employee to be able to do his or her job. A manager may not, however, ask for information that reveals anything about the employee’s diagnosis.
•
Managers are required to keep all information they receive confidential and share only what is absolutely necessary!
Individual Accommodation Plans Once the employer is made aware of the disability and need for accommodation, an individual accommodation plan needs to be created. This is a formal way of recording and reviewing workplace-related accommodations that will be provided to an employee with a disability. Examples of information that should be considered when creating an individual accommodation plan are: • • • •
How the employee can participate in the development of their plan What outside expert advice may be required to help determine an employee’s accommodation needs How privacy of personal information provided by the employee will be protected How often the plan will be reviewed
The Employment Standard also requires that all employers (except small organizations) develop a Return to Work process that supports employees who have been absent and require accommodation when they return to work.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
21
Accessibility for Ontarians with Disabilities Act (AODA) Training Program The Return to Work process must be documented and steps that will be taken to facilitate an employee’s return to work outlined. Documented individual accommodation plans must also be created. Now let’s take a moment to explore in a little more detail Return to Work obligations specific to the Ontario Human Rights Code. Return to Work Obligations The Ontario Human Rights Code states that persons with disabilities have the right to return to work only if they are able to fulfill job duties that have been defined as essential, with accommodations if necessary, and if this does not cause undue hardship for the company. If an employee cannot do their essential job duties, despite efforts to accommodate them, they do not have the right to return to work. Examples of accommodations include: • Increased flexibility in work hours or break times • Time off • Temporary or permanent re-assignment of responsibilities • Retraining • Providing reading materials in alternative formats such as Braille or large print • Providing sign language interpreters or real time captioning for persons who are deaf or hard of hearing so they can take part in meetings • Putting in automatic entry doors and making washrooms accessible Now that you are familiar with the Ontario Human Rights Code and the Integrated Accessibility Standards, the rest of this training program will center around two of the Standards contained within the IAS – Employment, and Information and Communications. As already mentioned, we will not be addressing the Transportation Standard or Built Environment legislation in this course.
Employment Standard The goal of this Standard is to expand Ontario’s labour pool and create welcoming workplaces for persons with disabilities. This is accomplished by helping employers remove barriers to employment for individuals with disabilities, from the hiring stage all the way to ending a person’s employment in the organization they are working in.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
22
Accessibility for Ontarians with Disabilities Act (AODA) Training Program Specifically, managers must know how to recruit, interview, hire, train, supervise and re-deploy employees, taking into consideration the specific requirements of the Standard. Managers have a number of responsibilities under the IAS, many of these were addressed in the section dealing with the Ontario Human Rights Code. Now, we are going to talk about a few more in detail that are specific to the Employment Standard. Firstly, managers must be fully aware of their company’s policy on accommodating persons with disabilities, and accommodate their employees as required. Employees with disabilities need to play a key role in this process as managers can only accommodate disabilities that they know exist. So make sure to let your manager know what your disability related needs are given your job duties. Employees also need to play an active role in helping managers come up with possible accommodation solutions. Often the individual with a disability knows more about potential accommodation solutions than their manager does.
Under the IAS legislation, managers are expected to: - Deal with accommodation requests as quickly as possible, even if it means creating a temporary solution while developing a long-term one - Respect the dignity of the person asking for accommodation, and keep information shared by employees confidential - Cover the costs of accommodations, including any necessary medical or other expert opinion or documents - Ensure that staff are trained on the requirements of the legislation and know how to behave in a manner that is consistent with the goals and objectives of the AODA - Take steps to create an inclusive working environment free of barriers
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
23
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
Workplace Emergency Response Plans Deadline for Compliance was January 1, 2012 Another responsibility of managers is to create individualized workplace emergency plans for any employee who requires it. Managers are only obligated to do this if the disability makes it necessary and if the manager is made aware of the need. Individualized workplace emergency response plans help ensure the employee with the disability and the organization are better prepared for emergencies such as a fire or a power outage. For example, an employee who is blind will need assistance knowing how and when to safely exit the building if there is a fire. With the employee’s consent, the plan should be shared with anyone who has been designated to help in the event of an emergency. The plan needs to be reviewed when: • The employee moves to a different physical location • The employee’s overall accommodation needs are being reviewed • The organization’s emergency response policies are being reviewed
Working with Colleagues with Disabilities To help you better understand how to effectively work with colleagues who have disabilities, you will now be presented with a number of scenarios you may face, or may have already faced, in the workplace. When deciding on the best response, think about what you learned in this program about how to effectively communicate with and serve someone with a disability. Many of the same principles apply.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
24
Accessibility for Ontarians with Disabilities Act (AODA) Training Program Scenario Mohammed, whose desk is next to mine, had a stroke last year. He came back to work last week. Mohammed seems to have recovered almost completely, but no longer has full use of both his arms. Mohammed’s job requires him to occasionally lift large boxes. I don’t want to embarrass him by doing his job for him, but at the same time I’d really like to help him out. What should I do? A. Ask if he needs help. B. Quietly do the lifting when he’s not around.
The correct answer is A. By offering help, you are demonstrating your support, which will be welcome and appreciated. It is quite likely, however, that he won’t need your help as appropriate accommodations will likely have been put into place beforehand to enable him to do his job. Scenario Maria, one of my colleagues, has limited hearing. We seem to have a lot of trouble communicating with each other. Not only is this frustrating, but it’s starting to affect my ability to get my work done in a timely manner. What can I do to improve the situation? A. Avoid talking to her or having conversations with others when she’s in the room. That way, you don’t need to feel you have to explain yourself or what’s going on. B. Talk to her one-on-one. Explain that you sometimes find it difficult to make yourself understood when the two of you are talking. Ask if she has any suggestions as to how the two of you might communicate better.
The correct answer is B. Some alternate methods of communication the two of you could try include writing notes or using a laptop to communicate in writing.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
25
Accessibility for Ontarians with Disabilities Act (AODA) Training Program Scenario Tyrone works on another floor. I often pass him in the halls, but have never actually talked to him. Tyrone must have a visual disability because he has a white cane. I’m not sure how well Tyrone can actually see me, if at all. So to avoid awkwardness on both our parts, whenever he’s nearby, I pretend to be reading signs on the wall or looking at papers I’m carrying. Is this a good solution? A. Yes, continue what you’ve been doing. He probably doesn’t know or care. B. No, next time you see him say ‘Hello’ and tell him your name. The correct answer is B. Depending on the nature of his visual disability, Tyrone may or may not be able to see you. If he can, he’ll wonder if you’re ignoring hm. If he can’t, he likely knows there’s someone around and would appreciate being acknowledged and knowing who you are.
Scenario Pedro’s dog Butch is so cute! He reminds me so much of my own dog, Ally. I know I shouldn’t distract Butch when he is working, but it’s OK for me to give him treats at other times… Isn’t it? A. Yes, as long as the dog isn’t in his ‘working harness’ at the time. B. No, never give any food or treats to anyone’s dog without asking, regardless of whether or not they’re working. The correct answer is B. It is important that the dog not look for treats from anyone other than the owner, unless the owner gives permission. The dog may be distracted by seeing you if he is accustomed to getting ‘goodies’ from you.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
26
Accessibility for Ontarians with Disabilities Act (AODA) Training Program THANK YOU FOR PARTICIPATING While each situation you encounter when working with colleagues who have a disability will be different, the general rule to follow is DO NOT make assumptions. Instead, in a sensitive and supportive manner, speak to the individual directly and ask how you can help. Feel free to ask what you can do to improve your communication with them, or to help them participate fully in meetings and social events related to work. Information and Communications Standards All the scenarios in this training program so far have been focused on situations you may find yourself in when working with persons with disabilities. This falls under the Employment Standard of the Accessibility for Ontarians with Disabilities Act. There is another Standard under the AODA, however - the Information and Communications Standard - that you also need to be aware of. This Standard says that everyone is entitled to receive company documents and communications in formats that take into account his or her disabilities. This means that information must be presented in a way that is easily converted into a format that persons with disabilities can read, or that is available in different formats, when requested. If a company cannot convert the information into another format that is more accessible, they must let the individual making the request know why this is the case. The employer has the right to decide which alternative format they will provide information in, if more than one method will work. For example, an employee who is legally blind may read Braille, but is also likely able to understand information that’s been scanned into a computer. Since 90% of people who are legally blind have some vision, a document in large print is another possibility. It is up to the employer to determine which of these alternative formats to use. Now let’s look at a couple of scenarios you, as an employee, might face related to the requirements of the Information and Communications Standards. Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
27
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
Scenario One of my co-workers has asked that all of our policy documents be provided to her in Braille. She’s angry that they haven’t already been transcribed into Braille. What’s the organization’s obligation to her? A. The organization must ensure company information is accessible to all. However, it’s up to the organization to decide what sort of accommodation it will provide. This can be determined by having a conversation with the employee to identify various options that could work. In the interim, the information could be verbally summarized and explained. B. The organization has no obligation – it’s the responsibility of the employee to find a way to access company information given his/her disability. The correct answer is A. Under the Information and Communications Standard, employees are entitled to receive company documents in a format that takes into account their disabilities. Scenario When I was 8 years old, I was diagnosed with a learning disability. Using special software to help me read and write, I graduated high school and now have a Masters degree. I began working three years ago. I recently heard about the new Employment Standard that organizations need to comply with. My understanding is that as an employee with a learning disability, all company communications must be provided to me in plain language. What are my rights in this area? A. The employer has the right to decide which accommodation he or she will provide, taking into account your specific needs. They then have a reasonable time-frame in which to create it. The information must be summarized and presented in a format that’s accessible to you. B. The employer has the right to refuse to develop plain language documents, as long as the information is explained to you verbally. The correct answer is A. A verbal explanation is only appropriate if there is no other way to communicate with you, and if the documents cannot be converted into a format that is accessible to you. Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
28
Accessibility for Ontarians with Disabilities Act (AODA) Training Program
CONGRATULATIONS - You’ve now completed the AODA training program. This program was designed to raise your understanding of the important role that you play everyday in ensuring that customers and colleagues with disabilities feel safe and welcome. As a final step, you will need to complete a short quiz to ensure you understand the information that has been presented in this training program. If you don’t pass, review the sections that you got wrong and take the quiz again. You will receive a certificate of completion once you have successfully completed the quiz. The more you act on the information provided in this training program, the more barrier free your organization will become, helping to ensure every customer and employee feels understood and valued. If you run into any situations where you are not sure what to do, don’t hesitate to ask your manager for help. We wish you all the best in your efforts to create a welcoming environment where your customers with disabilities feel they are being treated with respect, dignity and consideration and your colleagues with disabilities feel comfortable coming to work.
Reproduction or redistribution of this material in any form without the prior written consent of proLearning innovations, is expressly prohibited.
29
