New Accessibility Requirements in Ontario - Are You Compliant?

February 23, 2024

IS YOUR COMPANY COMPLIANT WITH AODA: ONTARIO’S ACCESSIBILITY REQUIREMENTS?

By Jeff Mignault, Director of Operations, AugmentHR


Ensuring that your organization is fully accessible and accommodates the needs of people with disabilities is not only the right thing to do – it’s the law!  As of January 1st, 2017, businesses and non-profits in Ontario with less than 50 employees must make sure they meet Ontario’s Accessible Employment Standard.


We know how challenging it can be for companies to stay on top of ever-changing employment laws and regulations like AODA and over the years we’ve helped many companies avoid getting sued or fined through training and creating disciplined written policies.  When it comes to AODA compliance, here’s what you need to know and do:


What is AODA compliance in Ontario?


The law establishes the specific requirements for organizations and businesses to follow to improve accessibility for people with disabilities. It means allowing people of all abilities the exact same opportunities to participate fully in everyday life including their work life. Its goal is to make Ontario fully accessible to people with disabilities by 2025.


The 4 principles behind AODA are:

  • Independence
  • Dignity
  • Integration and,
  • Equality of Opportunity


What are the 5 accessibility standards of AODA?

  1. Customer Service Standard: Requirements for organizations to provide accessible customer service to people with disabilities.
  2. Information and Communications Standard: Information and communications made accessible to people with disabilities.
  3. Employment Standard: The removal of barriers to employment for people with disabilities related to recruitment, hiring, accommodation, and employee training.
  4. Transportation Standard: Services to be made easier for people with disabilities to travel, including public transit, taxis, and other transportation providers.
  5. Design of Public Spaces Standard: Making public spaces accessible to everyone. It includes requirements for elements such as sidewalks, outdoor public eating areas, recreational trails and beaches, and accessible parking.


ARE YOU COMPLIANT? NOT SURE?


To meet the new standard, small businesses with fewer than 50 employees are required to meet the following 4 requirements:

  1. Hiring: You must notify employees and the general public that you will accommodate the needs of people with disabilities as part of your hiring process. This can be posted on your website or job ad.
  2. Workplace information: You are required to provide workplace information in an accessible format if requested by an employee.
  3. Talent and performance management: You are required to consider the needs of persons with disabilities during performance management or career development process.
  4. Communicate accessibility policies: You are required to inform your employees about your policy to support people with disabilities. This can be communicated through email, on your website, and other channels.             


AODA Compliance Checklist for Ontarians


Failure to meet AODA requirements can result in hefty government fines and/or lawsuits. That’s why the discipline of a checklist is so important in HR.


An AODA checklist should be tailored to the specific needs and circumstances of each organization, ensuring that all relevant aspects that cover the five standards in the law, are addressed. It's important to regularly review and update the checklist as laws, standards, and best practices evolve. 

WHAT ABOUT BUSINESSES WITH 50+ EMPLOYEES?


Companies with more than 50+ employees were required to meet the above 4 requirements in addition to 2 additional requirements as of January 1st, 2016.


The two additional requirements for compliance are:

  1. Accommodation plans: You must have a written process for accommodating people with disabilities – including meeting the criteria as set out by the Accessible Employment Standard.
  2. Return to work process: You must have a written process to support employees who have missed work due to a disability.


Learn more about AODA requirements by number of employees on the Government of Ontario website.


NOT SURE IF YOUR COMPANY IS MEETING ACCESSIBILITY REQUIREMENTS? WE CAN HELP WITH AODA TRAINING!


At AugmentHR, we understand that ensuring you meet Ontario’s Accessible Employment Standard can be confusing and challenging. Rather than worry about whether you followed the proper protocol and have the correct paperwork, allow us to do it for you! AugmentHR offers both:

  • Compliance services in AODA, Anti-harassment policies, Health & Safety & more
  • An AODA Training Workshop covering all aspects and what your company needs to do to be compliant


Learn about our
AODA Training and other compliance services here.


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Author Profile:


Jeff Mignault is the Director of Sales & Operations of AugmentHR, an HR consulting firm based in Toronto. Jeff has 15 years of experience in HR outsourcing and has helped many clients across many industries become compliant and stay compliant with a range of disability, safety, harassment and diversity compliance training and outsourced services.

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