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Access (SCS) Consulting — Tue, 17 Jan 2012 21:20:00 +0000

AODA: Accessible transportation compliance schedule

Author: Suzanne Cohen Share

Posted on Tuesday, January 17th, 2012

As you probably know, the Transportation Standards under the Integrated Accessibility Standards of the Accessibility for Ontarians with Disabilities Act will come into force over the next five years. The Ministry of Community and Social Services has released the accessible transportation compliance dates, and you can find them all below. Obligated transportation providers can keep this schedule as a quick reminder of present and future compliance deadlines.

The large sections on technical requirements allow for existing contracts prior to July 1, 2011, to proceed without retrofits. Further, providers need not retrofit existing vehicles in the fleet as of July 1, 2011. Any contracts signed after this date must meet technical requirements except in certain cases where an installation might compromise the structural integrity of a vehicle.

Compliance requirements due January 1, 2012

Conventional and Specialized Transportation Service Providers, General

Section 34: Availability of information on accessibility equipment
Section 35: Non-functioning accessibility equipment
Section 37: Emergency preparedness and response policies
Section 40: Transition, existing vehicles

Conventional Transportation Service Providers, General

Section 44: General responsibilities

Section 46: Fares (subsection 1)
Section 47: Transit stops
Section 48: Storage of mobility aids, etc.
Section 49: Courtesy seating
Section 51: Pre-boarding announcements (subsection 1)
Section 52: On-board announcements (subsection 1)

Conventional Transportation Service Providers, Technical Requirements

For contracts under this heading to purchase new or used vehicles on or after July 1, 2011, the provider will make sure the vehicles meet requirements of the section.

Section 54: Floors and carpeted surfaces on vehicles manufactured on or after January 1, 2013. Exclusion is vehicles that have two or more allocated mobility spaces and regulated under Regulation 629 of the Revised Regulations of Ontario, 1990 under the Highway Traffic Act (Vehicles for the Transportation of Physically Disabled Passengers).
Section 56: Stop-requests and emergency response controls on vehicles manufactured on or after January 1, 2013.
Section 58: Signage on vehicles manufactured on or after January 1, 2013.
Section 59: Lifting devices, etc. on vehicles manufactured on or after January 1, 2013. Exclusion is vehicles regulated under Regulation 629.
Section 60: Steps on vehicles manufactured on or after January 1, 2013. Exclusion is vehicles regulated under Regulation 629.

For the following sections, there is an exception to the above requirement for contracts entered on or after July 1, 2011, if installation impairs the structural integrity of a vehicle.

Section 53: Requirements re grab bars, etc., on vehicles manufactured on or after January 1, 2013. Exclusion is vehicles regulated under Regulation 629.
Section 55: Allocated mobility aid spaces on vehicles manufactured on or after January 1, 2013. Exclusion is vehicles with two or more mobility aid spaces regulated under Regulation 629.
Section 57: Lighting features on vehicles manufactured on or after January 1, 2013. Exclusion is vehicles regulated under Regulation 629.
Section 61: Indicators and alarms on vehicles manufactured on or after January 1, 2013. Exclusion is vehicles regulated under Regulation 629. Exception if installation of the warning lamp indicator or warning alarm impairs the structural integrity of a vehicle.
Section 62: Accessibility, rail cars (subsection 1).

Specialized Transportation Service Providers

Section 68: Origin to destination services
Section 74: Companions and children

Other Transportation Services

Section 75: School transportation (subsection 2)
Section 76: Public sector organizations. Exclusion is campus security services provided by a public sector organization see Schedule 1.
Section 77: Ferries (subsection 2, Integrated Standards Sections 34, 37, 44, 46, 48)

Duties of Municipalities and Taxicabs

Section 80: Duties of municipalities, taxicabs

Compliance requirements due as of January 1, 2013:

Conventional and Specialized Transportation Service Providers, Accessibility Plans

Section 41: Accessibility plans, conventional transportation services (specific)
Section 42: Accessibility plans, specialized transportation services (specific)
Section 43: Accessibility plans, conventional and specialized transportation services

Conventional Transportation Service Providers, General

Section 45: Alternative accessible method of transportation
Section 46: Fares (subsection 2)

Conventional Transportation Service Providers, Technical Requirements

Section 53: Requirements re grab bars, etc. on vehicles manufactured on or after January 1, 2013. Exclusion is vehicles regulated under Regulation 629. Exception is if installation impairs the structural integrity of a vehicle.
Section 54: Floors and carpeted surfaces on vehicles manufactured on or after January 1, 2013. Exclusion is vehicles regulated under Regulation 629. Any contracts to purchase new or used vehicles on or after July 1, 2011 the provider will make sure the vehicles meet requirements of this section.
Section 55: Allocated mobility aid spaces on vehicles manufactured on or after January 1, 2013. Exception is if installation impairs the structural integrity of the vehicle.
Section 56: Stop-requests and emergency response controls on vehicles manufactured on or after January 1, 2013.
Section 57: Lighting features on vehicles manufactured on or after January 1, 2013. Exclusion is vehicles regulated under Regulation 629. Exception is if installation impairs the structural integrity of a vehicle.
Section 58: Signage on vehicles manufactured on or after January 1, 2013.
Section 59: Lifting devices, etc. on vehicles manufactured on or after January 1, 2013.
Section 60: Steps on vehicles manufactured on or after January 1, 2013. Exclusion is vehicles regulated under Regulation 629.
Section 61: Indicators and alarms on vehicles manufactured on or after January 1, 2013. Exclusion is vehicles regulated under Regulation 629. Exception is if installation of the warning lamp indicator or warning alarm impairs the structural integrity of a vehicle.
Section 62: Accessibility, rail cars manufactured on or after January 1, 2013 (subsection 2). Exception is if installation impairs the structural integrity of a vehicle.

Specialized and Conventional Transportation Service Providers who provide both services

Section 66: Fare parity for providers of both conventional and specialized transportation services
Section 70: Hours of service (subsection 2)

Specialized Transportation Service Providers

Section 67: Visitors
Section 69: Co-ordinated service
Section 73: Service delays

Duties of Municipalities and Taxicabs

Section 78: Duties of municipalities, general
Section 79: Duties of municipalities, accessible taxicabs

Compliance requirements due as of July 1, 2013

Conventional Transportation Service Providers, General

Section 50: Service disruptions

Other Transportation Services

Section 77: Ferries (subsection 3, Integrated Standards Section 50)

Compliance requirements due as of January 1, 2014

Conventional and Specialized Transportation Service Providers, General

Section 36: Accessibility Training
Section 38: Fares, support persons

Specialized Transportation Service Providers

Section 64: Eligibility application process
Section 65: Emergency or compassionate grounds
Section 71: Booking
Section 72: Trip restrictions

Other Transportation Services

Section 75: School transportation (subsection 3)
Section 77: Ferries (Integrated Standards Section 36, 38)

Compliance requirements due as of January 1, 2017

Conventional Transportation Service Providers, General

Section 51: Pre-boarding announcements subsection 2
Section 52: On-board announcements subsections 2 & 3

Specialized Transportation Service Providers

Section 63: Categories of eligibility
Section 66: Fare parity (subsection 1)
Section 70: Hours of service (subsection 1)

The clear message is that, as of July 1, 2011, obligated transportation providers must consider accessibility technical requirements when signing purchasing contracts for new vehicles.

Remember: the Accessibility Standards for Customer Service also include transportation requirements and demand specific actions be complete in 2012. A couple of these transportation regulations allow cover topics in the main Transportation Standards (discussed above), for example, service disruptions and service delays. Providers and customers may find these different compliance dates confusing if they expect these obligations to be in compliance as of this year.

Is everything you need to do clear now? No? Well, at least you have a calendar to remind you of compliance dates. Feel free to ask questions about with industry specific concerns. If you ask a question, other organizations may also find the answer helpful—and vice versa.

Suzanne Cohen Share, M.A., CEO
Access (SCS) Consulting Services

Ontario disabilities act creates compliance confusion

Access (SCS) Consulting — Fri, 06 Jan 2012 16:51:00 +0000

shelley white

Special to Globe and Mail Update

Published Friday, Jan. 06, 2012 6:00AM

For Hans Sturzenbecher, catering to people with disabilities just makes good business sense.

His restaurant, Macy’s Diner & Delicatessen in Mississauga, Ont., has been making changes to accommodate people with disabilities for the past eight years, from creating space between tables to make room for wheelchairs and walkers to enlarging the print size on menus.

More related to this story

REGULATIONS

Tips for compliance with customer service accessibility standard

Other Ontario small and medium-sized businesses will have to start making changes of their own to comply with the Accessibility for Ontarians with Disabilities Act, provincial legislation to be phased in over the next 10 years that can carry fines of up to $100,000 a day for non-compliance.

As of the start of this year, all businesses in Ontario became required to be in compliance with phase one of the AODA, the Accessibility Standard for Customer Service.

But many small and medium-sized businesses may not yet be up to par.

Small businesses in the province “are just starting to really get on board” with the new customer service regulation, said Russ Gahan, vice-president of operations for People Access, a non-profit organization charged with helping the Ontario government raise awareness about the AODA.

He said there’s been some confusion about what the customer service standard is all about.

“It’s not about putting in ramps and automatic doors; that’s the first thing people think. They think mobility when they think of disabilities, and what you need to do to accommodate them physically,” he said.

“What this is about is attitude change, empowering your employees to be confident when providing customer service to people with disabilities.”

If you’re an Ontario small business, what does that mean in practical terms?

The customer service regulation has two major components.

First, all companies must create “an accessible customer service plan” that outlines how their business will provide service to people with disabilities. This includes identifying potential barriers and figuring out new ways of dealing with them.

“The example I like to give is, let’s say you have a store that has a no-refunds policy and you have change rooms that are not accessible,” said John Milloy, Ontario Minister of Community and Social Services.

“Yes, it would be wonderful if someone could invest to make the change rooms accessible, but that may not be practical. What they might do is change their policy and say that if you’re in a wheelchair or can’t access those change rooms, you will be allowed to return those clothes.”

Another example, Mr. Gahan said, would be how to deal with customers with hearing loss. “They may be better off not having to negotiate their terms in a noisy office where they can’t hear what you’re saying,” he said.

“You start to think of these things, instead of just being oblivious to them.”

The second component of the regulation requires employers to train their staff to provide accessible customer service. Training topics must include how to communicate with people with different types of disabilities and how to interact with people who use assistive devices or service animals.

In addition, employers with 20 or more staff members must keep a copy of their accessible customer service plan and file reports with the ministry, indicating how and when their employees have been trained. They have until the end of 2012 to do so.

There are many businesses to go: According to the Ministry of Community and Social Services, 17 large and small Ontario businesses have filed reports since Jan. 1.

Penalties for refusing to comply with the legislation can be serious – organizations can be fined up to $100,000 a day, or individuals can be fined up to $50,000 a day.

Mr. Milloy said that although the regulations are primarily about encouraging and educating the business community, the ministry will follow up with businesses that do not file their reports.

“We’re obviously going to reach out to those that have not filed to urge them to take the steps necessary, and we’re going to obviously be in touch with the disability community as people bring concerns to our attention,” he said. “We do ultimately have fines in place and that’s the last resort.”

To help businesses create their accessible customer service plan and train their staff without spending a lot of money, the ministry offers several free toolkits, including a 78-page employer handbook and a 51-page training resource.

There are further resources available. Mr. Gahan said People Access offers both free and paid tools for small businesses.

“The paid one includes e-learning,” he said. “If you have 20 employees and you don’t want to figure out how to put together a training program for them, for $149, you can have all the templates, tools, window stickers and 19 e-learning seats.”

With e-learning, staff can log in and go through a 25-minute course, reading and answering questions. They can then print a certificate and show their employer they’ve been through the training.

Another option is to hire a consultant to come in and teach a course in-house. “A physical workshop is the best,” said Suzanne Share, CEO of Access Consulting Services in Toronto. “It can be very difficult to change attitudes. I give people a good idea what it’s like to have dyslexia, to have arthritis, to have temporary disabilities or long-term disabilities.”

Once Ontario businesses have met the requirements of the customer service regulation, there will be more to come. The Integrated Accessibility Standards Regulation will be next – wider-ranging legislation requiring that transportation, employment and all forms of communication be accessible to people with disabilities.

According to the Ministry of Community and Social Services, these standards will be phased in over time between 2011 and 2025, to “give organizations the time they need to build accessibility into their regular business processes.”

Mr. Milloy said employers should look at the AODA regulations as not only important for people with disabilities, but good for business too, particularly in a province where close to two million citizens are identified as having a disability.

“I think the message really needs to be that there is an enlightened self-interest there, because people are making decisions. Where do we go for lunch? Well, here’s a place that’s adapting to have a customer service standard that’s very welcoming,” he said.

“If I have a business, I want to be able to reach out to them and make them comfortable, because, at the end of the day, it’s going to mean more dollars in my bottom line.”

It’s a message that has long resonated with Mr. Sturzenbecher.

“The majority of my clients are seniors,” he said. “When we started up, we had lots of space and good daylight, and we realized there’s a niche market in our area, and it’s growing constantly.”

He decided to lose a few tables so customers would have extra space to get through with walkers or wheelchairs.

When he saw his customers getting out magnifying glasses to read the menu, he tripled the print size. He also offers his menu online in a format that allows visually impaired customers to access it with a screen reader.

Customers with guide dogs get a bowl of water for their canine companions. As well, his staff is well-trained in assisting the patrons with disabilities that frequent Macy’s on a regular basis.

“The truth is, if you cater to them and they know you cater to them, they become loyal customers,” Mr. Sturzenbecher said.

Special to The Globe and Mail

Attention AODA …

Access (SCS) Consulting — Fri, 16 Dec 2011 00:08:11 +0000

Attention AODA organizations: actions to complete by January 1, 2012

Author: Suzanne Cohen Share

Posted on Wednesday, December 14th, 2011 at 09:00

January 1, 2012, is the date to complete all actions required under the Accessibility Standards for Customer Service and emergency preparedness requirements in the Integrated Accessibility Standards. The good news is, if your organization is obligated to report, you do not have to file with the government until December 31, 2012.

Why is this good news? Because many organizations are still making decisions and rushing to train staff. Some organizations are just learning about their obligations now. I am not advocating finishing the work late, but if you are late, there are resources—accessibility experts, e-learning courses, the Accessibility Directorate website and webinars—ready to be of service. Better yet, take the 30-day trial option on Accessibility Standards PolicyPro to provide guidance.

If you are cutting corners now to meet compliance, schedule a proper awareness program about persons with disabilities as soon as possible. Changing attitudes is the most difficult part of this agenda. Most people believe their efforts to remove barriers will burden them financially, when the reality is that historical attitudes have burdened persons with disabilities and placed them in this position to recognize and remove barriers ASAP.

Depending on the size of your organization, a coordinated effort between staff responsible for AODA compliance and experts can rapidly help your organization meet its obligations. By preparing your policies, practices and procedures prior to staff training, you can save time and money when disseminating the necessary information. Combining the generic legal portion of staff training about the customer service standards with your actual policies, practices and procedures provides practical experience for the attendee.

There are concerns about the emergency preparedness requirements under the Integrated Accessibility Standards. I would advise all organizations to comply on time. Since the law will be in effect as of January 1, 2012, one can imagine if a disaster should strike, whether your insurer will use these requirements against you if procedures are not in place.

Let us quickly recap the obligatory actions to complete. Under the customer service standards, if you have one employee or more, your obligations are to:

Establish policies, practices and procedures on providing goods or services to people with disabilities
Use reasonable efforts to ensure that your policies, practices and procedures are consistent with the core principles of independence, dignity, integration and equal opportunity
Set a policy to allow people to use their personal assistive devices on your premises and about any other measures your organization offers (assistive devices, services, methods) to help people to access your goods and services
Communicate with persons with a disability in a manner that takes into account the person’s disability
Allow people with disabilities to be accompanied by their service animal in those areas of your premises that are open to the public, unless the animal is excluded by another law
If the service animal is excluded by law, then have an alternative method to provide services
Allow customers with disabilities to be accompanied by a support person in premises open to the public
Provide notice ahead of time on what admission, if any, you will charge for the support person of a person with a disability
Provide notice when facilities or services on which customers with disabilities rely are temporarily disrupted.
Train staff, volunteers, contractors and other third parties who interact with the public on your behalf on topics outlined in the customer service standard
Train staff, volunteers, contractors and third parties who are involved in developing your policies, practices and procedures on topics outlined in the customer service standard
Establish a process for people to provide feedback on how you provide goods or services to people with disabilities
Include in this feedback process how you will respond and take action on complaints
The information about your feedback process must be readily available to the public

There are additional requirements for designated public sector organizations or other providers with 20 or more employees. Employers must:

Document policies, practices and procedures for providing accessible customer service, and meet other document requirements in the standard.
Notify customers that required documents are available upon request.
When providing the required documents to a person with a disability, provide the information in a format that takes into account the person’s disability.

Employers with 20 or more employees must include the following in their documentation:

General information on policies, practices and procedures
Policies, practices and procedures on service animals and support persons
Notice of temporary disruption of services or facilities including the steps to take
A training policy
A description of the feedback process

With respect to the emergency preparedness provisions of the Integrated Accessibility Standards:

Under the information and communication standard, if your organization provides emergency procedures, plans or public safety information that is available to the public, then you will provide the plan in an accessible format upon request
Under the employment standard, if the employer is aware that an employee has a disability that requires accommodation in an emergency, the employer must provide the employee with individualized emergency response information in an accessible format; employers must also designate someone to provide assistance during the emergency
In the transportation standard, all conventional and specialized service providers will make available to the public information on accessibility equipment, features of their vehicles, routes and services, and provide this information in an accessible format upon request

What is the carrot the province is offering for early filing? Your organization may be showcased in a video so that others can learn from your experience. Free advertising!

I do have one question for the government that will not likely receive a response. Why did you pick New Year’s Day for compliance in action and New Year’s Eve for filing? This is like getting a bill for your driver’s licence on your birthday. Who comes up with these dates? No wonder people complain!

Happy New Year everyone! We will chat again next year. I look forward to hearing about your experiences and any questions.

Suzanne Cohen Share
Access (SCS) Consulting Services

Accessibility is a Global Mandate – First Reference Talks

Access (SCS) Consulting — Fri, 18 Nov 2011 20:31:18 +0000

Author: Suzanne Cohen Share

Posted on Wednesday, November 16th, 2011

Image: www.un.org

December 3 is the International Day of Persons with Disabilities. On this December 3, the global celebration has an appropriate theme, “Together for a better world for all: Including persons with disabilities in development”. Some people are unaware of a global mandate to achieve accessibility, and may feel isolated when their specific jurisdiction introduces new laws benefitting people with disabilities. Understanding we are all moving in the same direction, albeit using varying methods and timelines, is important when making decisions in your organization.

First Reference Talks‘ archives include articles exposing the positive economic projections of an accessible movement. Positive financial projections are a major motivator, as are the aging population demographics of many nations, but a great catalyst is to know we are not alone, and that it is becoming commonplace around the globe to provide a basic level of accessibility. In order to compete on the international front, our social environment and culture must scream that our country is accessible and inviting to all. Otherwise, our Canadian image may be labelled as the Rocky Mountains of the world, a place to climb, huff and puff our way through the environment.

This year’s theme for December 3 is about remembering to include accessibility in development, thereby not causing new barriers. To date, Canada and 105 other countries have signed and ratified the UN Convention on the Rights of Persons with Disabilities (UNGA-06). The Government of Canada is working with the provinces and territories to meet goals as set out in this convention. Instead of paraphrasing specific sections of the convention, reading the original literature may have a greater impact. First, there are eight guiding principles of the convention that underlie each of the specific articles.

Article 3 – General Principles

Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons
Non-discrimination
Full and effective participation and inclusion in society
Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
Equality of opportunity
Accessibility
Equality between men and women
Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities

Article 9 of the convention clarifies which topics require accessibility to take into account in order to achieve inclusion of people with disabilities in society.

Article 9 – Accessibility

1. To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:

a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces;

b) Information, communications and other services, including electronic services and emergency services.

2. States Parties shall also take appropriate measures to:

a) Develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public;

b) Ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities;

c) Provide training for stakeholders on accessibility issues facing persons with disabilities;

d) Provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms;

e) Provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public;

f) Promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information;

g) Promote access for persons with disabilities to new information and communications technologies and systems, including the Internet;

h) Promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.

Many readers are aware that Ontario has been the focus of much attention because of its Accessibility for Ontarians with Disabilities Act (AODA). The goal of the AODA and its associated regulations is to identify and remove barriers, and to avoid creating new barriers in the future. The law imagines Ontario as an accessible province by the year 2025. As Ontarians read and learn the provincial regulations and the UN convention, they may recognize that the work set out mirrors the goals Canada has agreed to achieve in the United Nations.

I see this movement as not just the right thing to do, but also a necessary action to stimulate economic recovery. This stimulus is not to promote antiquated ideas, but to create an environment everyone will benefit from. Dare I say that the movements to have an accessible environment for people with disabilities may be the exact economic stimulus required, placing all of us on the road to recovery?

Dear politicians, please act proud of this endeavour, do not fear it as an election loser topic. Get those spin doctors spinning this topic the right way. Be loud and clear that accessibility is as vital as the air we breathe. Happy December 3!

Suzanne Share M.A. CEO, Access (SCS) Consulting Services

First Reference Talks Blog: August

Access (SCS) Consulting — Sat, 01 Oct 2011 19:22:19 +0000

AODA administrative monetary penalties scheme – three strikes you’re out!

Author: Suzanne Cohen Share

Posted on Wednesday, August 24th, 2011 at 09:00

The Accessibility for Ontarians with Disabilities Act (AODA) allows for severe maximum monetary penalties for any violation to the Act. The maximum penalties under the AODA include:

A person and unincorporated organizations that are guilty of a major offence under this Act can be fined up to $50,000 dollars for each day the violation continues
A corporation that is guilty can be fined up to $100,000 per day
Directors and officers of a corporation with fiduciary responsibility who are guilty are liable to a fine of up to $50,000 a day

This said, to encourage compliance, the government has established an administrative monetary penalties scheme that determines how and why an individual or corporation might face a penalty or fine. The scheme was established under Part V, Compliance, of the Integrated Accessibility Standards Regulation, which came into force July 1, 2011.

The scheme allows a ministry director or a designate to issue an order against a person, organization or corporation to pay a penalty amount as a result of non-compliance with the AODA or any of the accessibility standards.

These penalties and fines will depend on the severity and history of the contravention. The director will determine the severity of the contravention by ranking the contravention as minor, moderate or major.

A contravention of an administrative requirement is minor
A contravention of a requirement for organizational preparedness is moderate
A contravention is major where it involves a priority requirement that includes, but is not limited to, a contravention that may pose a health or safety risk to persons with disabilities

The contravention history of the person or organization will be determined by ranking it as minor, moderate or major in the following manner:

A contravention history is minor where there has been no more than one previous contravention within the period of the current two reporting cycles
A contravention history is moderate where there have been between two and five previous contraventions within the current two reporting cycles period
A contravention history is major where there have been six or more previous contraventions within the current two reporting cycles period

A reporting cycle is a 12-month period. The current two reporting cycles period discussed above begins on the first day the person or organization must file the accessibility report and ends on the last day before the next report must be filed. If a person or organization filed an accessibility report before July 1, 2011, the two reporting cycles period is calculated from the first day that the person or organization was required to file an accessibility report.

For organizations and individuals that are exempt from the reporting requirement, the two reporting cycles period consists of the 12-month period that begins at the earliest of the following and ends at the end of each 12-month period:

The first day that a director requests reports or information from the person or organization
The first day that an inspector requires a person or organization to produce a document, record or thing
The first day that the person or organization receives or is deemed to have received a notice of order under Act

So what are these escalating administrative penalties for non-compliance?

The largest lump sum penalty amount that can be issued to an individual or an organization that is not a corporation is $2,000 and the maximum for a corporation is $15,000. These maximum amounts can be issued per day. The potential for daily amounts will be reserved for contraventions that fall within the “major compliance history and major impact” category. Decision will be made on a case-by-case basis with careful consideration of the circumstances before an order for a daily amount is issued.

Table 1. Individuals or unincorporated organizations
Impact of Contravention	Major (priority requirement)	Moderate (organizational preparedness)	Minor (administrative/ operational)
Major compliance history (>6 previous contraventions)	$2,000 (can be issued per day)	$1,000	$500
Moderate compliance history (2–5 previous contraventions)	$1,000	$500	$250
Minor compliance history (first contravention)	$500	$250	$200

Table 2. Administrative penalties for corporations
Impact of Contravention	Major (priority requirement)	Moderate (organizational preparedness)	Minor (administrative/ operational)
Major compliance history (>6 previous contraventions)	$15,000 (can be issued per day)	$10,000	$5,000
Moderate compliance history (2–5 previous contraventions)	$10,000	$5,000	$2,500
Minor compliance history (first contravention)	$2,000	$1,000	$500

Thus, to be issued an order with the maximum penalty amount, the person, organization or corporation must:

Have a compliance history that includes six or more previous contraventions; and
The contravention must be a priority requirement of the accessibility standard, as determined by the ministry

Persons and organizations that are facing a director’s order will receive notice and will have an opportunity to make written submissions explaining the non-compliance. The person or organization must submit a response within 30 days after the order was made. A director’s review of the submission can result in the decision to reduce or rescind the initial penalty amount. The decision to reduce or rescind the initial penalty amount will be made on a case-by-case basis, taking into account the explanation provided by the organization and other factors such as steps taken to come into compliance and any economic benefit derived from the contravention.

In the event a person or an organization appeals a fine, the Regulation designates the Licence Appeal Tribunal to hear and determine the appeal.

If an organization fails to pay an administrative monetary penalty within the time specified in the order (within 30 days after the order was made, unless the order specifies a longer period), and makes no submission to the director, or appeal to the designated tribunal, the order can be filed with a local registrar of the Superior Court of Justice to be enforced like a civil court order.

Failing to comply with a director’s order is an offence under the AODA that can be prosecuted.

The government is appearing to use a nurturing approach to ensure compliance. The AODA has harsh maximum penalties but the Integrated Accessibility Standards Regulation softens the blow with substantially lower monetary penalties before the maximum penalties can occur.

I hope everyone is now clear on the approach a director will take to first encourage compliance and then prepare to give the non-compliant organization smaller monetary penalties. The initial penalties act as a reminder to organizations that after two years the higher amounts may be rapidly enforced.

This is just one of the tools directors may use to enforce compliance. Directors can also issue general compliance orders.

We all have a lot of work to do to accomplish accessibility, but one thing is clear: early recognition of the AODA allows organizations time to learn and plan ways to meet legal obligations. By understanding your obligations now, you can begin to draft your policies, practices and procedures, as well as your accessibility plan. Then, you actually have to do what you promise to do in those policies , practices and procedures and multi-year plans.

There is still a lot to talk about. Don’t forget to tune in for my next post.

Suzanne Cohen Share
Access (SCS) Consulting Services

First Reference Talks Blog

Access (SCS) Consulting — Sat, 01 Oct 2011 18:18:22 +0000

AODA: Who let the dogs out? Saying ‘yes’ to all service animals

Author: Suzanne Cohen Share

Posted on Wednesday, September 28th, 2011 at 09:00

inShare.25

You may have read the recent story about a blind rowing champ who was asked to leave the premises of an Esso gas station store. Victoria Nolan attempted to enter the premises with her guide dog when an employee promptly told her to leave the store. Ms. Nolan is not new to this problem, and she contacted the police who extracted an apology from the employee. An Esso spokesperson stated that the company tells retailers to allow service animals onto their premises. Apparently, there was a communication breakdown when instructing this employee about the topic of service animals.

So who really let the guide dogs out? The problem with this story is that guide dogs have been allowed on public premises via the Blind Person’s Rights Act for some 21 years. The Act also prohibits discrimination in housing and clarifies other issues important to people who are blind.

For 21 years we have had a provincial law that many people are still not aware of. A service dog should not be such an issue when discussing new rights under the Accessibility Standards for Customer Service. What is new in the standards is that all service animals are allowed on public places unless excluded by another law, usually for health and safety reasons.

I remember in 2009, when a cab driver’s license was revoked for refusing Ms. Nolan entry with her guide dog. The driver showed no remorse. Then there was another story of a taxi company that would not commit to a policy allowing guide dogs in their taxicabs. My immediate personal reaction was: what are they thinking? The law is the law, and a driver and business owner were pondering whether they would choose to comply with this law? One might think after the driver lost his license and there was plenty of press covering the story that Ms. Nolan would not encounter the same discrimination again. Wrong; and we are likely to see more confusion on this topic in the new year when all service animals are allowed in places where the public is admitted.

Blind persons already have a legal right to pursue their complaints in court and need not wait for businesses and other organizations to comply under the Accessibility for Ontarians with Disabilities Act (AODA). The fines and penalties for non-compliance under the AODA have been explained here. Ms. Nolan can use this avenue to seek compliance, but one complaint does not trigger financial penalties. The AODA requires three complaints against an organization before specific actions are taken. In the interim, educating non-compliant organization is the primary goal. But people who are not blind and require a service animal that is not a dog are likely to meet discrimination, and can complain using the customer service standard as their avenue to seek justice.

I recall a professor in Greek and Roman history who stated a law only becomes a law when the public is irritated enough by a specific action committed by too many people. In this case, people with disabilities have been bothered for far too long and seniors have similar complaints. With 15.5 percent of the population requiring protections, and the numbers only increasing in the future, they are now a large enough group to insist their rights be enforced.

If you have learned about the rights of people with disabilities to bring their service animals onto your public premises, then please follow the regulation. If you own a pet, do not try to pass it off as a service animal, because this will just cause commotion. Before we know it there might be more laws limiting your personal pet’s right of access to certain public places. We are picking up our pooches’ poop now by a law created because owners allowed their pets to defecate everywhere.

A service animal is a necessity and it trumps how we feel. Personally, I love animals, so I am fine with this regulation. I have seen the calming effect of a guide dog in an office environment. I look forward to people with disabilities feeling more secure in the public domain, and if the animal is necessary due to a disability then I’m happy to say, get out of the house, and meet this kinder, educated public that embraces diversity and your service animals.

Suzanne Cohen Share
Access (SCS) Consulting Services

First Reference Talks: July blog

Access (SCS) Consulting — Fri, 01 Jul 2011 18:37:47 +0000

AODA: Why do I have to notify the public when there is a disruption of services?

Author: Suzanne Cohen Share

Posted on Wednesday, July 27th, 2011 at 09:00

In Ontario, under the Accessibility Standards for Customer Service, as of January 1, 2012, organizations are required to publicly notify customers of temporary disruptions of services or facilities or if they are expected to be temporarily unavailable in the near future, including the steps to take to access alternative methods. This includes planned as well as unplanned service disruptions. Any disruption of services or facilities that people with disabilities need to access your products or services requires proper notification. You will provide a description of alternative facilities or services if they are available. This notice is important to people with disabilities because they often go to a lot of trouble to access your goods or services. For example, they may book accessible transit, or arrange for someone to drive them.

First you want to identify the services you offer that people with disabilities rely on. Examples of services people with disabilities rely on are elevators and escalators. Notification must include reasons for the disruption and the estimated duration. You will provide a description of alternative facilities or services if they are available. Notice may be provided in easily seen places on the organization’s premises, on a website if any, or by any reasonable method. When posting your notice on the premises choose places that rapidly provide information to the public.

One area you might not have considered is an accessible washroom or any washroom. If you provide this amenity and customers rely on it, include this on the list of things that require notification when disrupted. Feel free to take this policy and extend it to benefit the general population. The notifications you will post in an appropriate public place should not target people with disabilities. You would just use words like Dear guest, patron, customer, etc. Perhaps a notification for the general bathroom will also please all your customers. Anyone who counts on this amenity can attest to the fact that a disruption can be a huge inconvenience.

A best practice is to prepare the templates in advance and decide where you want to post the notification. You may want specific templates prepared for chronic problems or anything with a regular scheduled maintenance shutdown. Allocate the responsibility to specific staff or departments and let them know the notification has to answer all of these questions:

What is the reason for the disruption?
How long do you anticipate the disruption will last?
What alternative facilities, if any, are available?

If the disruption means the customer cannot access your services, you may also inform them on your website, if you have one, and perhaps on the telephone. Some organizations may decide to post the disruption notice on the pole by the parking spots for people with disabilities. This tells a person with a disability not to bother disembarking and proceed to find what they need elsewhere. Do what you reasonably can to provide information that can reach your customer as efficiently as possible.

Since you are obliged to provide a reason for the disruption you may want to train staff to use specific words that do not cause alarm or provide unnecessary visual details. Some reasons may just be regular maintenance or upgrades causing a temporary disruption of service. Sometimes the problem is so simple you may want to use words like “a broken pipe”.

Allocating responsibilities

Example: A staff person discovers a disruption and informs the staff person in charge of calling maintenance. The second staff person is in charge of placing the notice signs in conspicuous (public) places and informing the persons in charge of websites and the main telephone switchboard about the service disruption. The person at the switchboard may be taught to include a message about the disruption on the automated telephone customer service system. If you are aware the customer cannot gain access to your facilities, and you expect the disruption to last a long time, you will want other methods to continue to provide customer service. Prepare staff to offer alternatives and be creative to keep customers satisfied.

Make your policy and procedures clear to everyone

Example: The only elevator to reach your organization is under repair for the expected duration of three days. You post the notice of disruption of service on your website, post a sign at the site of the disruption and post a notice at the entrances. You offer a different method to reach the customer. You may offer appointments to meet the customer at a mutually agreeable and accessible location.

If you are an organization obligated to keep documentation, you will:

Record who is responsible for what action
Decide what level of detail about your organization you want to provide the public and government
State in your policy that you will provide a notice of disruption of services, and include the legal obligations
Decide if you want to include the departments responsible for providing notification; you may not want to provide a specific name of a person responsible, but you may want to include the title of the person or the department in charge

Assess all the assistive devices and services you provide people with disabilities and come up with a plausible case scenario in the event there is a disruption of service. You know your minimum legal obligations and what work needs to be done.

You may choose to provide more detail, for example, so when a disruption occurs, the customer with a disability is aware you have a telephone sales system or you are offering to meet the person with their order in another location. You may want to communicate in your public policy what your general alternatives are, to inform people with disabilities, reduce the number of questions on simple topics and advance your customer service. If you are an obligated organization with 20 or more employees, make legal documentation requirements work in your favour to increase your effectiveness.

What if all of your services are disrupted?

Generally, disruptions to all of your services, such as during a power outage or during a labour dispute, do not require this special notice. However, if the disruption has a significant impact on people with disabilities, you should provide notice of the disruption of service.

Why is this regulation just for people with disabilities?

People with disabilities need this information in order to proceed with their daily plans and change them when necessary. On the other hand, this is just good customer service that really benefits everyone. Your clients will likely appreciate the additional information. A parent with a baby carriage or anyone using a cart benefits when they are informed the elevator or escalator is not functioning. A person with a baby carriage or a few children has become used to using the accessible washroom that often has a dual purpose of acting as a family room. There are so many benefits everyone enjoys now because of laws originally intended to aid people with disabilities. Thumbs up on the Accessibility for Ontarians with Disabilities Act, a great way to say people with disabilities need something in order to have equal access, when in reality we all benefit.

Suzanne Cohen Share, M.A., CEO
Access (SCS) Consulting Services o/b 623921 Ont. Ltd.

June article: A global topic with some laws in Ontario – written for First Reference Inc.

Access (SCS) Consulting — Wed, 22 Jun 2011 22:59:29 +0000

Service animals and people with disabilities – AODA best practices

Author: Suzanne Cohen Share

Posted on Wednesday, June 22nd, 2011

Image: www.accessiblecustomer servicetraining.com

In Ontario there is a regulation called the Accessibility Standard for Customer Service. One of the requirements of this regulation is that persons with disabilities are allowed to enter your organization’s public premises with a service animal. A person should be able to remain with the animal unless otherwise excluded by law. If the animal is excluded by law, you must have another measure available to enable the person to obtain, use or benefit from your organization’s goods or services. Note, a service animal is not a pet; he or she is a working animal and must not be excluded under your no-pets policy.

Service animals are used by people with many different kinds of disabilities. Examples of service animals include dogs used by people who are Blind, hearing alert animals for people who are Deaf, deafened or hard of hearing, and animals trained to alert an individual to an oncoming seizure and lead them to safety. Believe it or not, you might see a bird, cat or other trained animals. These animals provide services to individuals helping them function with greater self-sufficiency; prevent injuries; and summon help in a crisis.

A service animal is specially trained to assist an individual with disabilities. If you can identify that the service animal is used by a person with a disability for reasons relating to a disability, in Ontario, the person cannot be asked to prove the animal is working. If it is not readily apparent that the animal is a service animal, then the Ontario regulation states that a letter may be requested from a physician or nurse practitioner confirming that the person requires the animal for reasons relating to a disability. Under no circumstances is the service provider allowed to ask about the nature of the disability.

Note that doctors and nurse practitioners do not use standardized letterhead, and you might have difficulty confirming a letter is real. Please note that people with disabilities may not be aware of the need for the letter. You may want to allow the person to enter your premises with a polite request to bring a letter the next time. In any case, the animal must be trained and under control of the person with a disability.

If there are any areas of your premises that are open to the public where animals are excluded by law they should be identified. You will need a solution so you have other measures to provide service to the person with a disability. You can decide to have your transactions take place in a separate area. You may provide a secure area to leave the animal, if the customer is comfortable doing so. In the latter case, you will have to provide support for the person who requires assistance.

Other situations may arise where there are health and safety reasons of another person by the presence of a service animal on premises open to the public, such as people with allergies to animals. Some of the options to consider may be creating distance between two individuals, eliminating in-person contact, changing the time the two receive service, and any other measures that would allow the person to use their service animal on the premises. The organization must consider all relevant factors and options in trying to find a solution that meets the needs of both individuals.

Customers might bring their household pet with the knowledge that it is difficult for you to identify a service animal. You should acknowledge this possibility in your policy. You may decide to allow on your premises any animal that is well-behaved. A detailed policy, practice and procedure will provide these rules and remedies. Below are some questions to consider when preparing your protocols:

If staff cannot recognize the animal as working, do you want them to ask for a letter? Do you want to offer one visit with grace if the letter is not produced?
Do you want to allow people to enter with an animal and presume they are service animals?
Where an animal is excluded by law from your premises, you must still take steps to make sure that you can provide your goods or services to the person with a disability.
Think of examples where conflict might occur between customers and staff who have different disabilities. Use examples in your training to help staff respond and serve customers appropriately.

Take the time necessary to make quality decisions on this topic. For international readers, your country may already have a similar law. In the global endeavour to remove barriers for people with disabilities, numerous other countries are moving forward with a comparable approach.

Suzanne Cohen Share, M.A., CEO
Access (SCS) Consulting Services
o/b 623921 Ont. Ltd.

Increase Your Audience by being Accessible – Access to Digital Content

Access (SCS) Consulting — Tue, 14 Jun 2011 22:10:40 +0000

Attention Arts organizations – the information contained here may prove invaluable. Access (SCS) Consulting Services can help you solve your accessibility needs and increase your patronage.

Arts organizations have long been struggling financially; this in part has to do with cuts to arts funding and in part due to declining audiences. Making your venue accessible for people with disabilities, seniors, friends and family can increase your profitability.

People with disabilities make up 15.5% of the population, which is a significant number when you consider audience development. Providing access to digital content, making exhibits and performances accessible could help to capture this market. People with disabilities, seniors and their companions have money to spend and want to enjoy the arts.

While Arts organizations are slowly beginning to make an effort to make events accessible with audio description, closed captioning and ASL, they consistently disregard one very important aspect of making their events fully accessible: access to digital content. Potential patrons may not be able to interact with content on websites, PDF documents, forms, ticketing information, videos and other content. As a result, your organization may not be attracting a large segment of the population that can make your events more profitable. These barriers need to be addressed if change is to happen.

The goal here is to make the arts accessible to all people – a goal that needs to be adopted both in the material universe as well as in policy-making circles. We must ensure that all people, artists and patrons, have the ability to participate in the arts with ease and dignity. This is a win/win situation for everyone!

What Is Digital Content?

Digital content is any information that is published or distributed in digital form, including; text, data, sound recordings, photographs and images, motion pictures and software.

What Needs To Be Made Accessible?

Web Design and Usability (including online ticketing)
Text and data
photographs, images
Audio/Video
PDF (including documents, applications and facility rental forms)
Word and PowerPoint documents
Events and Performances

As more information is transferred electronically, making digital content accessible becomes a social responsibility, especially if the content is meant for the public.

Making digital content accessible is neither a difficult nor an expensive task. Most common software applications like Adobe PDF maker and Microsoft Office have built-in tools for making documents accessible.

While providing accessibility benefits people with disabilities who are deemed a large minority group, it should not be forgotten that these same features are useful for seniors, people who have low internet bandwidth, and individuals accessing content through mobile devices. Making digital content simple to interact with is a priority when attracting a wide audience.

The Web Content Accessibility Guidelines (WCAG) outlines the following four basic principles in making websites accessible:

Perceivable — Information and user interface components must be presentable to users such that they can perceive the presented information, i.e. it can’t be invisible to all their senses.

Operable — Users must be able to operate interface components and navigate. The interface cannot require interaction that a user cannot perform.

Understandable— Users must be able to understand the information as well as the operation of the user interface.

Robust— Content must be robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies. Users must be able to access the content even as technologies advance.

ACCESS (SCS) CONSULTING SERVICES

What makes Access (SCS) Consulting Services Different?

We engage experienced arts practitioners with disabilities who understand the industry as well as accessibility compliance standards.

Website Audits

Ensure that your website is accessible. We can provide:

Evaluation of your site using WCAG 2.0 and W3C guidelines,U.S.section 508 of the rehabilitation act and AODA legislation
Explanation of what and where the problems are, including a ranking of priorities and specific instruction on what needs to be done to address each issue
Overall best practices, recommendations
A usability section provided by both screen magnifier and screen reader users

Document Conversion

Convert your documents into an accessible format that works with adaptive technologies.
Adapting document styles and formats in Word, PowerPoint and other formats
Creating accessible PDFs from documents in Word, PowerPoint and other formats
Modifying your existing PDFs with accessibility tags and alternative text for images
Converting your existing PDFs into other formats such as accessible HTML, Word and PowerPoint

Special Workshops and Seminars

Accessibility training
Accessible web design to reach a wider audience
Document Accessibility
Performance and Event accessibility:

Audio Description
Captions
TouchTours
ASL

Leave the Accessibility to Us!

Need help making digital content accessible? Contact Access (SCS) Consulting Services to try our NEW website design and PDF document conversion services. Our new associate, Wanda Fitzgerald, is an expert accessibility and digital content consultant with more than 15 years experience. We make existing documents, forms or other digital content accessible. Our prices will make you smile. Our expert services will make you accessible! See www.access-scs-consulting.com or call 416-561-7942.

AODA: Inappropriate words can bite – the customer service standard

Access (SCS) Consulting — Thu, 26 May 2011 16:22:52 +0000

Author: Suzanne Cohen Share

Posted on Wednesday, May 25th, 2011 at 09:30

The Accessibility Standard for Customer Service Regulation obligates Ontario businesses and their employees to communicate with persons with disabilities in a manner that takes into account the person’s disability. Employers must train employees to interact and communicate with people that have various types of disabilities. Training should also cover appropriate terminology.

When I returned to university, the topic of disability and accessibility terminology and use of words was frustrating. I learned about the social model of disability and the medical model of disability. The medical model of disability has crept into the psyche of society so that many of us often refer to a person by their disability or disease as opposed to their name and positive attributes. This medical model of describing people has led to unnecessary discrimination and stigmatization.

People with disabilities are not alone in wanting terminology to convey their positive abilities as human beings, rather than the negative language of their conditions. A case in point is a memorable encounter I had many years ago. My partner and I were invited for an evening to the house of a friend who wanted us to meet another couple that were close friends of her. We arrived first, and, prior to the other couple’s arrival, the hostess felt it necessary to tell the story of how the woman had been violently assaulted. I knew it was wrong for my friend to have labelled this woman a “victim” prior to introduction. I immediately asked if she was telling the story because the woman was still in a state of recovery. My host said no, the incident was years ago. My friend had labelled this woman a victim without malicious intent, but the severity of the story certainly made the encounter less pleasant than it could have been. The “victim” had no idea when she walked in the door that her friend had conveyed a tragic story that had occurred years ago. The woman was a delightful person whose company I’ve had the pleasure to enjoy on more than one occasion. Had I not been informed prior to introduction, I certainly would have had no indication there was a traumatic incident in her past. However, another person in that situation might have spent the evening awkwardly waiting for the woman to manifest a mental disability.

How we use our words to perpetuate negative stereotypes is important, and how we refer to another person is vital. But how can we recognize simple terms that, when combined with other words, may convey the wrong message? What do we do when words like “normal” or “average” are common terms in science, statistics, government policy, education and medicine, and have become socially functional words that may simultaneously be insulting? While attending school, I don’t think any of us appreciated receiving marks that were categorized as “below average”. The method of grading students is to inform the student, parents and education system at what level that individual is performing in relation to others. A low grade may make the student work harder to attain a higher rating. A consistently low grade, even after hard work and perhaps tutoring, may indicate the student is not adept in a particular topic. It has taken a long time for educators to admit that perhaps this method of grading is not appropriate, and perhaps “below average” students would benefit from an alternative teaching method.

It is interesting to see that words like “crippled” and “lame” have been readily accepted as negative terms. Yet because all of us are used to being graded in relation to the average from infancy, we have difficulty letting go of some words to refer to a person with a particular disability. When describing a person with a specific disability, the words “disorder”, “disease”, “below average” and “dysfunction” flow off the tongue and pages. Audiences absorb the negative associations from repeated use of these words in reference to people with disabilities.

Today, our understanding and social treatment of people with disabilities attempts to focus on a person’s “differing abilities” rather than his or her disabilities. While many advocacy groups have accepted “disability” as a necessary label, they want to focus on the “ability” portion of the word. For example, now it is common to write “disAbility” to remind a reader persons with disabilities still have abilities.

The terminology associated with disability is fluid and a word that may have been accepted last year may have changed this year; thus making the learning curve a little difficult. Finding the right words can be a daunting experience, but if you aim to stay within the lexicon of positive social words, you are going in the right direction.

This strategy also works when it comes to training. Unless specific employees need to know medical terms, there is no reason to provide medical reasons for the variety of disabilities they may encounter. For example, at no time does a server have a right to ask about the nature of a customer’s disability. Training should be based on alternative methods to communicate and interact when the customer is not responsive to a specific method. Under the customer service standard, every organization commits itself (explicitly in a mission or policy statement) to the core principles of dignity, independence, integration and equality.

You may draw parallels with other groups that have required us to shift our way of thinking and expressing ourselves. Minority groups have had to fight for the right to be treated as equal and to stop being the target of discrimination. Everyone has had to learn preferable methods to refer to previously marginalized groups. If you are old enough, you will remember numerous words used to describe people of varying ethnicities and cultures that perpetuated negative stereotypes. You may also remember that the appropriate words kept changing until the specific target group found an acceptable English word we can use in our communication.

By the way, did you hear the great joke about the “midget”? It is still a good laugh if the word is replaced with “little person”.

Suzanne Cohen Share, M.A., CEO
Access (SCS) Consulting Services o/b 623921 Ont. Ltd.

http://www.access-scs-consulting.com