HR Legislation Update: AODA Integrated Accessibility Standards and Bill 168 Facilitated by: Melissa Magder – Director of Diversity, HR and Cross-Cultural Training www.prolearningonline.com 647- 847-1853

AODA – Background Refresh proLearning innovations Copyright 2011 All Rights Reserved AODA – Background Refresh AODA released in 2005 Consists of 5 standards: Customer Service Standard released in 2010 (private) Integrated Accessibility Standards combine: Information and Communications Employment Transportation Built Environment to follow

Customer Service Standard proLearning innovations Copyright 2011 All Rights Reserved Customer Service Standard Became law in 2008 Compliance for private sector – Jan. 1, 2012 Requirements Reporting date – Dec 31, 2012 http://www.mcss.gov.on.ca/en/mcss/programs/accessibility/ customerService/report_online.aspx

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

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

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

General Requirements Training proLearning innovations Copyright 2011 All Rights Reserved General Requirements Training Training on each of the standards Who: All employees and volunteers, including those who do not have contact with customers/public Anyone involved in policy development – Board Members included Any persons who provide services on behalf of the organization (representatives, agents, etc.)

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

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

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

Information and Communications Standard Websites proLearning innovations Copyright 2011 All Rights Reserved Information and Communications Standard Websites NEW Internet and Intranet Websites and Web Content Jan 1, 2012 – Gov’t of Ontario Jan 1, 2014 – public sector and large private sector *small private – not mandatory but recommended ALL Internet Websites and Web Content Jan 1, 2016, Jan 1, 2020 – Gov’t of Ontario Jan 1, 2021 – public sector and large private sector Examples : Optimized for screen readers Text in place of images and descriptions of every image High contrast and colour schemes that are colourblind friendly Ability to enlarge text Line and letter spacing for maximum readability   http://www.w3.org/TR/WCAG20/

proLearning innovations Copyright 2011 All Rights Reserved Employment Directed at employers with respect to employees (not volunteers or “non-paid” individuals) Requires accessible recruitment, assessment and selection processes Notification about accommodations (policies and support)

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

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

Compliance Provisions proLearning innovations Copyright 2011 All Rights Reserved Compliance Provisions Administrative penalties up to $50,000 per day (individual or unincorporated association) and up to $100,000 per day for corporations Conduct inspections/partnering with other Ministries Accessibility Directorate of Ontario

Conclusion Accessibility law in Ontario is a reality proLearning innovations Copyright 2011 All Rights Reserved Conclusion Accessibility law in Ontario is a reality Small and large businesses are advised to take a pro-active approach to complying – makes good business sense Customized AODA training for Chiropractors and their staff (available on OCA website) Training on Integrated Standards being developed

proLearning innovations Copyright 2011 All Rights Reserved Introduction to Bill 168 Bill 168 amends the Occupational Health and Safety Act (OSHA) to require worker protection from violence and harassment in the workplace MOL expects employers to take every precaution to prevent workplace violence Now – there are specific requirements Applies to all businesses/organizations with more than 1 employee

Workplace Violence The exercise of physical force against a worker proLearning innovations Copyright 2011 All Rights Reserved Workplace Violence The exercise of physical force against a worker An attempt to exercise physical force against a worker a statement or behaviour that is reasonable for a worker to interpret as a threat to use force against the worker that could cause physical injury

proLearning innovations Copyright 2011 All Rights Reserved Workplace Harassment “Workplace harassment” defined in Bill 168 as: Engaging in a course of vexatious comments or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.

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

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

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

proLearning innovations Copyright 2011 All Rights Reserved Domestic Violence Employers have a legal and moral obligation to intervene Examples of domestic violence include: Attempt to cause bodily injury Sexual assault Threatening behaviour Harassment Stalking Making annoying/threatening phone calls

proLearning innovations Copyright 2011 All Rights Reserved Work Refusals Worker can refuse work if he/she feels in danger of workplace violence Cannot refuse work for workplace harassment Must report situation of work refusal to supervisor as soon as possible

Employer Responsibilities proLearning innovations Copyright 2011 All Rights Reserved Employer Responsibilities Maintain a workplace free from violence and harassment Ensure equipment, materials, protective devices are maintained Take allegations seriously and follow-up Have a documented investigation process Maintain confidentiality whenever possible Be aware of signs of violence and harassment and intervene when necessary Refer victims and perpetrators to appropriate resources where applicable

Employee Responsibilities proLearning innovations Copyright 2011 All Rights Reserved Employee Responsibilities Work in compliance with Workplace Violence and Harassment Program and OHSA Use or wear protective clothing, devices or equipment Raise any concerns about Workplace Violence or Harassment Report any acts of violence/ harassment to supervisor, manager or HR right away Keep records of possible incident Cooperate with investigation process

Summary – Bill 168 Risk assessment of workplace violence proLearning innovations Copyright 2011 All Rights Reserved Summary – Bill 168 Risk assessment of workplace violence Violence and Harassment policy (>5 staff) Violence and Harassment program Training

proLearning innovations Copyright 2011 All Rights Reserved Q & A

AODA Integrated Accessibility Standards and Bill 168 How can we help AODA Integrated Accessibility Standards and Bill 168 How can we help? We want to hear from you www.prolearningonline.com Copyright 2010 proLearning Innovations. All rights reserved.