May, 2017 | Article
New AODA Requirements Underscore Why Law Office Managers Need to Work Fast to Catch Up
With 2017 underway, Ontario-based law firms must now enact specific requirements to ensure accessibility for employees and clients. The Accessibility for Ontarians with Disabilities Act ('AODA') previously rolled out a number of policies under the Integrated Accessibility Standards Regulation (IASR), and many companies including law firms have yet to comply. But as of January 1, law firms along with other private companies must implement another round of requirements related to public spaces, public information and employment practices.
AODA legislation passed 11 years ago. The AODA coupled with Accessible Public Space Design and the Ontario Building Code (OBC), has pushed more facility managers and HR professionals to accommodate disabilities in the workplace for employees, clients and visitors.
New Requirements Effective January 2017
Smaller organizations in the province with fewer than 50 employees, including those who provide goods and services or facilities, must now comply with specific standards under the IASR. These include several employment practices, such as making public information accessible when asked and making public employment practices accessible, including how law firms hire, retain and provide career development opportunities to employees. This includes adding notifications on job postings. Individual accommodation plans and updated workplace emergency response information must also be available.
Large private and non-profit organizations (50 or more employees) must now follow policies to make new or redeveloped public spaces in and around your law offices accessible. Organizations with less than 50 employees are omitted from certain requirements, but have until January 2018 to do the same. The Design for Public Spaces Standard applies to: parking lots, outdoor public areas, exterior paths of travel, service counters, waiting areas with fixed seating and maintenance. Facility maintenance of such spaces, is directly connected to ensuring Ontario and law firms reach the goal of becoming fully accessible by 2025.
Organizations with 50 or more employees must submit an online compliance report by December 31, 2017, affirming continued compliance with the AODA. Failure to file could result in forced inspections, penalties, prosecutions or fines. This applies to the public sector every two years and a not-for-profit or business every three years.
Design for Public Spaces Standard Heightens Maintenance Needs
As of January 1, 2017, large private organizations of 50 or more employees must adhere to policies for building new public spaces or making planned significant alterations to existing ones. Along with this, actions to keep spaces in working order, including painting, minor repairs, environmental mitigation and even snow removal, should not interfere with accessibility for any parts of a law practice facility and offices.
Building audits in Toronto during the winter by our firm, Optimal Performance, have revealed that snow removal procedures at some facilities with limited exterior space resulted in snow being dumped near accessible entrances and exits. In addition, notification signs, such as disruption of service, should not be placed in walkable areas, as they create obstacles for individuals who are blind or have low vision. In regards to the interior of buildings, OPC often finds that the built environment meets code, but the on-going facility and office maintenance renders it inaccessible. Furniture placed in a Toronto law office’s universal washroom is just one recent example, and office and facility managers should be mindful of such oversights in interior & exterior public spaces, as well.
There are a number of requirements within this standard that directly affect facility maintenance. One such section concerns outdoor public use eating areas, like outdoor food courts. Large organizations that plan to build or renovate these areas need to ensure that 20% of new tables added are accessible and that the ground surface leading to and under the tables is level, firm and stable to accommodate mobility aids. There should also be enough clear space so people can smoothly approach the tables.
There are new requirements for maintaining public spaces that apply only to large private organizations and public sector organizations of any size. Multi-year accessibility plans to be submitted by December 31, and must include the following:
- Preventative and emergency maintenance procedures for all accessible parts of public spaces, such as planning when regular maintenance occurs. For instance, the frequency of inspecting walkways for cracks or wayfinding markings.
- Procedures for handling temporary disruptions in service when an accessible part of the public space is not usable. For example, putting up a sign to explain the disruption and outlining an alternative as well as outlining the alternatives on your firm’s web site.
Training and the New Integrated Accessibility Standards Regulation
Over the last several years, law firms and other private companies tried to avoid training all employees about the Customer Service Standard, the Ontario Human Rights Code and the IASR. Changes to the AODA’s Customer Service Standard as of July 1, 2016, now apply to all organizations providing goods and services or facilities, and require that ALL employees undergo accessibility training.
When writing an RFP or contract, law firm facility/office managers should make sure vendors and contractors submit proof that everyone coming on site has been trained in the AODA. They should also ensure vendors have policies and procedures in place for AODA.
If a cleaning company does not have such training, facility/office managers could be held liable for not checking this status. Not only is training now mandatory, but contractors would be wise to have proof readily available for competitive purposes. About 37 per cent of companies in Ontario are in compliance despite the AODA being launched 11 years ago. Companies need to play catch up or face a human rights complaint—and potentially a tribunal.
Accessibility Across Canada
Many HR professionals may not be aware that there is a significant political interest in having a national standard for accessibility, rather than taking the current piecemeal provincial approach.
Starting in July 2016 and wrapping up in February 2017, Sport and Disability Minister Carla Qualtrough commenced public discussions across Canada about the proposed Canadians with Disabilities Act (CDA). This was a campaign promise by Prime Minster Justin Trudeau and is now in full swing. The public meetings and consultations wrapped up at the end of February. All discussions, recommendations and public forum information will now be reviewed, summarized and available to the public and businesses.
Our best predication as an accessibility firm is that we will see the roll out of national legislation most likely mirroring the unique AODA in Ontario. We will provide further updates about the progress of the CDA as it will impact law firms who have a national presence across Canada.