AODA: 2013 Compliance, Happy New Year!

By, Suzanne Cohen Share (also in Accessibility News)
November 21,2012

As of January 1, 2013 obligated organizations in Ontario have compliance requirements to meet in the Integrated Accessibility Standards Regulation (IASR) under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA).

Your obligations depend on whether you are:

• 1. Ontario Government and Legislative Assembly
• 2. Public organizations with 50+ employees
• 3. Public organizations with 1-49 employees
• 4. Private and non-profit organizations with 50+ employees
• 5. Private and non-profit organizations with 1-49 employees

By using the AODA Compliance Wizard your organization can isolate exact obligations.

An example is for organizations with 50+ employees, the wizard states your obligations are:

• General requirements:
  • Accessibility policies
  • Multi-year accessibility plans
  • Procuring or acquiring goods, services
  • Self-service kiosks
• Information and Communication Standard:
  • Educational and training resources and materials, etc. (if you are an educational or training institution)
  • Training to educators (if you are an educational or training institution)
• Transportation Standard (if applicable to your organization)
  • Multi-year accessibility plans, conventional transportation services
  • Multi-year accessibility plans, specialized transportation services
  • Alternative accessible method of transportation
  • Fares
  • Service disruptions
  • Conventional transportation service providers, Technical Requirements
  • Accessibility, rail cars
  • Fare parity
  • Visitors
  • Co-ordinated service
  • Hours of service
  • Service delays
  • Duties of municipalities, general
  • Duties of municipalities, accessible taxicabs

Most due dates for compliance are January 1, 2013. If you have not visited the compliance wizard, please do and it will provide you with your own schedule. The wizard also provides a list of past and future obligations. Using the wizard is anonymous, meaning no records are kept about your organization. Just answer basic questions about your operations and the list of obligations appears. The compliance wizard is a useful program!

By,
Suzanne Cohen Share, MA, CEO
Access (SCS) Consulting Services
o/b 623921 Ontario Ltd.
www.access-scs-consulting.com

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Customer Service Standards Compliance Report Due by December 31, 2012

Author: Suzanne Cohen Share

If your organization has 20 or more employees, you are obligated to report under the Accessibility Standards for Customer Service, by December 31, 2012. If you have one to nineteen employees you are obligated to comply with the standard, but you need not report or maintain documentation.

Some organizations are just learning about their obligations now. If you are late, there are resources—accessibility experts, e-learning courses, the Accessibility Directorate website and webinars—ready to be of service.

Let us quickly recap the obligatory actions to complete. If you need to report, you will want to say yes to these questions:

• 1. Does your organization have policies, practices and procedures on providing goods or services to people with disabilities?
• 2. Does your organization use reasonable efforts to ensure that these policies are consistent with the principles of independence, dignity, integration and equality of opportunity?
• 3. Do your organization’s policies address the use of assistive devices by people with disabilities to access your organization’s goods or services, or any available alternative measures that enable them to do so?
• 4. Do your organization’s policies, practices and procedures require your organization to take a person’s disability into account when communicating with the person?
• 5. Do members of the public or other third parties have access to premises that your organization owns or operates? If your answer is No, skip to question 9 below. (Do not answer questions 6, 7, and 8.)
• 6. Does your organization permit people with disabilities to keep their service animals with them on the parts of your premises that are open to the public or other third parties, except where the animal is excluded by law, and is this included in your policies, practices and procedures?
• 7. If a service animal is excluded by law from your premises, does your organization ensure that alternate measures are available to enable the person to access your goods and services?
• 8. Does your organization permit people with disabilities to enter the parts of your premises that are open to the public or other third parties with their support person, and provide notice of any fee charged for the support person, and is this included in your policies, practices and procedures?
• 9. Does your organization post a notice at a conspicuous place on your premises, on your website, or by another reasonable method, of any temporary disruption in facilities or services that people with disabilities usually use to access your organization’s goods or services, including the reason, duration and any alternatives available?
• 10. Has your organization established and documented a process to receive and respond to feedback on how its goods or services are provided to people with disabilities, including actions that your organization will take when a complaint is received?
• 11. Does your organization make information about its feedback process readily available to the public, including how feedback may be provided (e.g., in person, by telephone, in writing, by email, on diskette or otherwise)?
• 12. Does your organization ensure that the following people receive training about providing your goods and services to people with disabilities: every person who deals with the public or other third parties on behalf of your organization, and every person who participates in developing your organization’s policies, practices and procedures on providing goods or services?
• 13. Does this training include your organization’s current policies, practices and procedures under the Customer Service Standard and all the topics listed in section 6(2) of the standard?
• 14. Does your organization have a written training policy that includes a summary of the contents of the training (per question 11 above) and details of when the training is to be provided, and does your organization keep records of the dates that training was provided and how many people were trained?
• 15. Does your organization post a notice at a conspicuous place on your premises, on your website, or by another reasonable method, that the documents required by the Customer Service Standard are available upon request, and do you provide those documents in a format that takes a person’s disability into account?

Go to ServiceOntario’s ONe-Source for Business to sign up to complete the report (https://www.appmybizaccount.gov.on.ca/wps/portal/mba_pub/!ut/p/c4/04_SB8K8xLLM9MSSzPy8xBz9CP3IgsT01JzMvGyr_OIkvYL8opLEHL2C0qSczGS9jPzcVP2CbEdFANyVxZk!/). You create your own account before clicking on the accessibility compliance tab to answer these questions. If you have to report no, respond with a good explanation and that the situation will be resolved by a reasonable date.

If you have any questions, you know how to find me.
Suzanne Cohen Share, M.A., CEO
Access (SCS) Consulting Services
access.scs@gmail.com

An education campaign about courtesy/priority seating signs on transportation vehicles

September 14, 2012 Suzanne Cohen Share

 

Image: http://www.gotransit.com

In the Integrated Accessibility Standards Regulation, under the Accessibility for Ontarians with Disabilities Act, there is the Standard for Transportation.

 

Under this standard there is a section about courtesy seating in vehicles, specifically for people with disabilities. The regulation states that conventional transportation service must provide clearly marked courtesy seating for people with disabilities. Recently, the Province of Ontario has proposed amendments to change the word courtesy seating to priority seating. Since this change is not yet law, the rest of this blog will refer to courtesy seating.

Anyone can use courtesy seating until a person with a disability requests the seat. The standard further states that:

The courtesy seating for persons with disabilities shall be signed to indicate that passengers, other than persons with disabilities, must vacate the courtesy seating if its use is required by a person with a disability.

 

Every conventional transportation service provider shall develop a communication strategy designed to inform the public about the purpose of courtesy seating.

Moreover, transit authorities in Ontario must place a sign about vacating courtesy seating when required by a person with a disability and have a public education campaign.

I would love to see the signs authorities throughout the province have determined as appropriate. My idea for a pictorial is to at least have a nondescript person rising from the seat and place a big smile on the person’s face. Why the smile?

Because people with disabilities have too often expressed receiving hostile glares when people are asked to move. Even if people do not want to smile while moving, everyone should place that smile on their face to provide an accepting environment for people with disabilities. No one blames people who do not qualify as having a disability for being aggravated if they are not pleased to stand for too long.

Unfortunately, an education campaign is necessary. After riding public transit as a young teenager using crutches for a year, I could not believe how during rush hour, people did not offer a seat. In that dark time, there was no courtesy seating. Prior to life with crutches, men were courteous and freely offered their seat. As a teenager I presumed I would be able to continue working, travel with crutches, and that offers from others to vacate a seat when I needed one would be natural. I was wrong.

I was flying all over vehicles, trying to grip a handhold, and only rarely did someone offer his or her seat. Do you have any idea how difficult it is to grip anything, hold a purse and keep crutches in place on a moving jerking vehicle? People must have thought, well, she is young. Well, she had an operation where falling was not on the agenda but she needed to continue working. I am sure many readers have similar stories.

The teenager with crutches was truly surprised that no one cared about her personal plight. She tried to stare with begging eyes at someone who seemed physically fit and still received no response. Eventually, the teenager just picked someone young and asked the person for the seat. She was never refused but it was a startling experience that few people offered their seat.

I fully understand why there needs to be designated seating to clearly designate certain seating for people who really require these seats just to travel.

In a kinder gentler world, people would automatically offer to vacate a seat, at least to a person with a visible disability. It did not happen in my experience with crutches, and people have to be told politely to vacate specific seating. I’d like to add my suggestion “please exit with a smile”. If this symbol does not work, then let us consider using some dark humour to motivate attention to those signs. Believe me when I say, nothing was more disturbing than to see people avert their eyes, pretend I did not exist and hope I would not ask for their seat. Eons later, the memories are still vivid about deciding to ask someone for a seat.

It is nice to see we are moving forward with designating signs, and an education campaign. The teenager in me wants to playfully use dark humour with the signs, but the adult knows asking people to smile when vacating courtesy seating is enough for now. If people still do not get the message, my hidden inner teenager has a few more suggestions.

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

Pretty hazards: the accessible built environment

Pretty hazards: the accessible built environment

Why website accessibility matters

June 20, 2012 Suzanne Cohen Share Accessibility Standards, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Customer Service, Standard for Information and Communications, 0

Image: http://www.inorbital.com

On May 30, 2012, the Federal Court of Appeal upheld a legally blind woman’s 2010 legal victory over the federal government, ordering the government to make its websites accessible to blind persons. It may not be a case under the Accessibility for Ontarians with Disabilities Act (AODA), but it does show us how website accessibility matters and has an impact on promoting accessibility for persons with disabilities.

The Federal Court of Appeal ruling reaffirmed that the inaccessible federal government websites violated Donna Jodhan’s constitutional equality rights under the Canadian Charter of Rights and Freedoms. More specifically, with its inaccessible websites, the federal government denied Jodhan equal access to, and benefit from, government information and services provided online to the public on the Internet, and this constituted discrimination against her on the basis of her blindness. Therefore, she has not received the equal benefit of the law without discrimination based on her physical disability and that constitutes a violation of subsection 15(1) of the Charter.

During the appeal, the government argued that:

…effective access to government information and services is attained when the information is accessed by a person irrespective of the means used to obtain the information.… In other words, if one person can access information online within a matter of minutes and another person can access the same information by traveling to a government office, waiting for his or her turn and then meeting with a government employee to obtain the same information, there has been effective access in both cases and thus both persons have received the same benefit of the law.

The government was saying it does not matter how or how long it takes to get the information, as long as a person gets the information in the end.

The Federal Court of Appeal could not agree with the government’s argument. In its view:

…one of the above two persons has not received the same benefit. They have not been treated equally.… I am therefore of the view that the benefit of the law is access to government information and services. However, access thereto necessarily includes the benefit of online access, which is not just an ancillary component of the multi-channel delivery mechanism, but an integral part thereof. In other words, one cannot speak of access to government information and services without including access thereto by way of the Internet.

Although the Appeal Court upheld the ruling of discrimination, it struck down the lower court’s ongoing supervisory role to ensure the government was complying with the decision.

A spokesperson for Treasury Board Minister Tony Clement said the government is reviewing the decision and added, “Our government is continuing to implement the Federal Court decision from 2010, … We are committed to web accessibility and to date over 100 government institutions are converting their content in line with the Web Content Accessibility Guidelines.”

Will the government take this case to the Supreme Court of Canada?

Everyone in the business of making the world accessible understands the voluminous work the federal government was expected to complete in 15 months. Finding web developers with knowledge in web accessibility was the first challenge. Undertaking the volume of work to convert the government’s multitude of websites was next. By taking this case back to court, the government won extra time before being ordered again to meet compliance.

Despite buying time to extend its deadline, it would behoove the government to continue using taxpayers’ money to meet compliance as soon as possible. In the meanwhile, all government agencies and representatives have been scrambling to find accessibility specialists, with the understanding that this ruling will stand the test of time and a Supreme Court decision is not likely to be different.

What does this ruling mean for promoting web accessibility?

This case has major implications, highlighting the importance of access to the Internet for all persons with disabilities. It also indicates that information provided in alternative formats is not necessarily sufficient, particularly if a user can’t access it in a similar time frame. If Canadians who are blind or have low vision (regardless of their ability to use a screen reader) are not offered accessible Internet content like those without a disability, they are at a disadvantage.

Chances are disability advocates and people with disabilities will continue to demand accessible information. For organizations that do not comply, expect a challenge.

In Ontario, the Information and Communication Standard under the Integrated Accessibility Standards Regulation states that websites and content will conform to the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 at Level A and AA, with the exclusion of live captions and descriptive audio interpretation.

Courts may consider this decision a precedent beyond the federal government. Organizations in Ontario (under the AODA)—and across the country—should think about these factors:

• Alternative formats to provide important information, with or without aid from a representative, cannot match equal rights to receive information as quickly and privately as another person when the information is readily available to the public
• The standards are not finished, and they clearly will not make Ontario accessible by the year 2025 if new standards are not developed and released soon
• People with disabilities do not have to wait for the AODA and standards to make equality rights a reality; that is, they may already challenge an organization or individual that they believe has discriminated against them
• This case affects how information and communications on the Internet are delivered nationally, and is not limited to the province of Ontario

Your organization should:

1. Train staff to produce accessible information and communications now.
2. Beat the goal in the Integrated Accessibility Regulation and use 15 months as the time to deliver accessible Internet content.
3. Grab the accessibility Internet consultants that are available because supply is not as high as demand. If you wait, you may pay more to educate staff and to make your Internet communications accessible. The earlier everyone involved produces accessible information and communications, there will be less to fix later. It costs less to do something right the first time than to fix a problem.
4. Take note, in the Integrated Accessibility Regulation,only the government is obliged to make intranet sites accessible. If your intranet sites are not accessible you may:
   • See a standard released in the next few years to correct this issue
   • Be taken to court because a person who is blind or has low vision or low mobility is not provided equal opportunity for employment and advancement at the workplace
5. Focus on any information vital for the well-being of persons with a disability, or for providing equal opportunity. An example is your organization’s capacity to advertise work positions and receive responses in an accessible manner. If you use an advertising agency to promote your open job positions, ensure they are taking the steps now to become accessible.
6. Focus on alternative formats that protect privacy and allow users to access information in a timely manner. In the present case, Jodhan required outside assistance to obtain information verbally or on paper. Braille is considered as the appropriate alternative format if she received information on paper. However, Braille is not the only format because there are many people who are Blind or have low vision who do not know how to read Braille. Ask the customer for the preferred method to communicate, do your best to comply and avoid a reliance on staff to relay information verbally. Remember, if you provide information and methods to interact with your organization via the Internet, no alternative format can compete with these online services.

If your IT departments or personnel are not taking the AODA seriously, consider sensitivity-awareness training. Also, consider letting staff know this is the future of IT and if staff wants to remain relevant they will have to learn to develop accessible content with style. Just because you provide accessible content, it does not mean your website will be boring. Staying within the guidelines will reap rewards of reaching a wider audience, and accessible Internet communications can be just as elegant as your desired image.

Finally, if IT accessibility consultants become too expensive to contract, maybe we will have to campaign together for accessible prices!

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

AODA compliance: the good, the bad and the ugly written for First Reference Talks

 

Today’s post is all about hearing from you! Questions arise as to how organizations are dealing with the Accessibility for Ontarians with Disabilities Act (AODA) compliance requirements in Ontario. I want to hear from you about the good, the bad and the ugly! Allow me to share your expertise or stories with the rest of the province. Of course, the idea is to help others meet compliance and use the lessons you’ve learned to encourage others. As for your bad ideas that turned ugly, organizations can really use that information to avoid similar pitfalls.

 

Let us know where you stand on compliance and what hurdles you encountered or are still encountering. If it is a lack of funds, then which creative ideas have you chosen as alternatives? If the issue is not funding, but all the barriers you’ve identified that need a remedy, then share those thoughts too. If you have a good secret, let it out. The broader the discussion, the better the solutions we’ll come up with.

 

My blog posts have all been about educating organizations about the needs of people with disabilities, focusing on the accessibility standards under the AODA. Whenever possible, I’ve tried to help organizations cope with changes, comply with the law and at the same time provide guidance on sensible alternatives.

 

Lately, people have asked, how is everyone else doing with the AODA?  I have to honestly state, I only know about organizations I directly deal with. Statistics maybe coming, but I have not seen any numbers that really capture the answer to this question. Let me redirect the question: how are you doing? And if you can, please share your stories.

 

The Ontario Ministry of Community and Social Services also wants to hear from you, and may showcase your organization in a YouTube video. We’d love to hear if you’ve won an accessibility award through an organization, charity or government. Let us hear about the changes you have seen in your organization when enforcing compliance. If you are embracing the notion of making your organization accessible, are you seeing positive outcomes from the changes?

 

While I am inviting you to grouch, remember I am completely positive the AODA is underrated. I do believe the AODA is an excellent win-win initiative that will strengthen our economy and support people with disabilities. Your organization may not directly see financial benefits in enacting compliance but every individual will see benefits, if people with disabilities are working, able to shop everywhere including the Internet and travel.

 

As I continue to contribute to the Accessibility Standards PolicyPro publication from First Reference, let me know if you have any stories or wisdom—negative or positive—to share that might benefit your peers. Feel free to talk about specific standards or generalize.

 

I do have one question in particular I would like to hear about. In training staff, volunteers and decision-makers about the AODA, do you feel the organization is going through the motions of compliance, or do you see value in the training? Perhaps training began as something you just had to do, and attitudes changed when staff and volunteers understood the lessons. A good number of responses will give us a pulse on whether organizations are seeing a positive or negative change in attitude toward people with disabilities.

 

You can respond by leaving a comment below. How have you managed to navigate and implement the standards? Talk to me and I will talk to the rest of the province through this blog and Accessibility Standards PolicyPro.

 

I believe we can all learn something new from each other every day. Tell us about the good, the bad and the ugly you’ve encountered when meeting compliance with the AODA. We are all moving in this direction together.

 

Suzanne Cohen Share, M.A., CEO Access (SCS) Consulting Services o/b 623921 Ont. Ltd. www.access-scs-consulting.com

 

We are not SHOUTING or SCREAMING! Font size and accessibility

We are not SHOUTING or SCREAMING! Font size and accessibility

The one-step ramp conundrum

The one-step ramp conundrum

First Reference Talks

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 on or after this date must meet technical requirements except in certain cases where an installation might compromise the structural integrity of a vehicle. All vehicles received after January 1, 2013 must meet the technical requirements and there are no exceptions. For compliance requirements dates, this schedule begins on January 1, 2012 although numerous compliance dates are July 1, 2011. Due to the release of this article on January, 2012 all previous compliance dates are included as due as of this date.

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 now.

• Section 54: Floors and carpeted surfaces on vehicles manufactured on or after July 1, 2011. 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 purchased on or after July 1, 2011.
• Section 58: Signage on vehicles purchased on or after July 1, 2011.
• Section 59: Lifting devices, etc. on vehicles purchased on or after July 1, 2011. Exclusion is vehicles regulated under Regulation 629.
• Section 60: Steps on vehicles manufactured on or after July 1, 2011. Exclusion is vehicles regulated under Regulation 629.

For the following sections, there is an exception to the requirement for purchases on or after July 1, 2011, if installation impairs the structural integrity of a vehicle. All new or used vehicles acquired on or after January 1, 2013 will comply with all technical requirements and there are no exceptions.

• Section 53: Requirements re grab bars, etc., on vehicles purchased on or after July 1, 2011. Exclusion is vehicles regulated under Regulation 629.
• Section 55: Allocated mobility aid spaces on vehicles purchased on or after July 1, 2011. Exclusion is vehicles with two or more mobility aid spaces regulated under Regulation 629.
• Section 57: Lighting features on vehicles purchased on or after July 1, 2011. Exclusion is vehicles regulated under Regulation 629.
• Section 61: Indicators and alarms on vehicles purchased on or after July 1, 2011.
• Section 62: Accessibility, rail cars (subsection 1) compliance due date is July 1, 2011. Subsection 2 on vehicles manufactured on or after January 1, 2013.  On or after July 1, 2011 for providers who entered a contractual obligation and installation does not impair the structural integrity of the vehicle.

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.
• 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.
• 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.
• 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.
• Section 62: Accessibility, rail cars manufactured on or after January 1, 2013 (subsection 2).

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. Any vehicles manufactured on or after January 1, 2013 must meet all technical requirements.

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

 

 

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

 

• The benefits of office wellness programs
• Ten ways to create a mentally healthy workplace
• Sedentary jobs can cost employers dearly

 

 

 

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