ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE UPDATE
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UNITED FOR A BARRIER-FREE ONTARIO
ONTARIO BUSINESSES MUST NOW COMPLY WITH ONTARIO'S CUSTOMER SERVICE ACCESSIBILITY STANDARD –BUT ONE PART OF IT CREATES BARRIERS AND SHOULD BE DISREGARDED
January 6, 2012
SUMMARY
The January 6, 2012 on-line edition of the Toronto Globe
and Mail includes an article reporting on confusion over the obligations of
businesses to comply with the Customer Service Accessibility Standard enacted
under the Accessibility for Ontarians with Disabilities Act. The Globe and Mail
article commendably shows that providing accessible customer service is good for
businesses. We set out that article at the bottom of this update.
It is unnecessary for there to be any confusion over
complying with that accessibility standard. The Customer Service Accessibility
Standard is quite short. It was enacted back in 2007. All organizations have had
ample time to address it. The Ontario Government and broader public sector (e.g.
municipalities, school boards, hospitals, universities, colleges and public
transportation providers) have already had to comply with it.
The Government gave the private sector an excessive period
of over four years to gear up for this accessibility standard. Unfortunately,
the Government did not make resources, guides and other tools available to the
private sector much earlier, so that the private sector could make productive
use of that long period of almost half a decade. It is likely that at least some
private sector organizations are only turning there attention to this standard
now. Those long time lines were not justified.
In any event, all organizations that must comply with this
accessibility standard have had an obligation since 1982 to provide barrier-free
customer service to customers with disabilities under the provisions of the
Ontario Human Rights Code. If anything, the Customer Service Accessibility
Standard doesn't go as far as does the Human Rights Code at ensuring accessible
customer service.
In addition to the Customer Service Accessibility Standard,
a number of requirements for accessible customer service are also set out in the
Integrated Accessibility Regulation that the Ontario Government enacted on June
3, 2011. All organizations should address those now, even if the time lines for
them are not yet reached. For
example, the Integrated Accessibility Regulation will require organizations to
ensure that information they post on their websites is accessible. All
organizations should do that now, to avoid creating new barriers, and to avoid
the cost of having to retrofit their websites later. For more on the Independent
Review, visit:
http://www.aodaalliance.org/strong-effective-aoda/06032011.asp
The Globe and Mail article includes a link to some tips for
complying with the Customer Service Accessibility Standard. We offer that link
here, but don't profess to vouch for the information in it. Visit:
http://www.theglobeandmail.com/report-on-business/small-business/sb-marketing/customer-service/tips-for-compliance-with-customer-service-accessibility-standard/article2292754/?from=2292901
To read the Ontario Government's basic information on the
Customer Service Accessibility Standard, and to read the standard itself on the
Government's website, visit:
http://www.mcss.gov.on.ca/en/mcss/programs/accessibility/customerService/
We want to emphasize that there is one part of the Customer
Service Accessibility Standard that is seriously flawed. It should not be
complied with or enforced. It creates a new barrier-something that an
accessibility standard under the Accessibility for Ontarians with Disabilities
Act may not do.
We identified this serious problem over four years ago, in
our September 12, 2007 analysis of the Customer Service Accessibility Standard.
To date, the McGuinty government has not rectified it. We said:
"Section 4(5) of the standard authorizes some organizations
to create new barriers to impede access to persons with disabilities. Standards
made under the AODA cannot do this. It states:
“4(5) The provider of goods or services may require a
person with a disability to be accompanied by a support person when on the
premises, but only if a support person is necessary to protect the health or
safety of the person with a disability or the health or safety of others on the
premises.”
Section 4, which includes this provision, applies “if goods
or services are provided to members of the public or other third parties at
premises owned or operated by the provider of the goods or services and if the
public or third parties have access to the premises.”
Under this provision, an organization can force a person
with a disability in some situations to bring a support person with them
(presumably at the expense of the person with a disability). If the person with
a disability doesn’t comply, the organization can refuse to admit the person
with a disability.
The vague standard governing this is “only if a support
person is necessary to protect the health or safety of the person with a
disability.” There is a real and serious risk that an organization with an
uninformed stereotype-induced perception of disabilities will wrongly conclude
that some person with a disability poses a health and safety risk to themselves.
This provision also doesn’t require the risk to health and safety to be serious
or substantial or imminent, or preventable by reasonable means short of forcing
the person with a disability to be accompanied by a support person.
This standard lets an organization create this barrier
against persons with disabilities even if a person with a disability, with far
superior understanding of their disability, knows he or she poses no such risk,
or concludes that the risk is one they are prepared to bear. This violates the
fundamental dignity of persons with disabilities to decide what risks they wish
to undertake for themselves.
Making this even worse, the standard goes on to potentially
let the organization charge the patron with a disability an added admission fee
for the support person. Section 4(6) of the standard states:
“4(6) If an
amount is payable by a person for admission to the premises or in connection
with a person’s presence at the premises, the provider of goods or services
shall ensure that notice is given in advance about the amount, if any, payable
in respect of the support person.”"
Organizations should not force customers with disabilities
to have a support person. If a customer with a disability needs a support
person, organizations should not charge for that support person, absent some
overwhelming justification. We don't foresee that such a justification can
exist. Our full analysis of the
Customer Service Accessibility Standard is available at:
http://www.aodaalliance.org/strong-effective-aoda/09122007.asp
Send us your feedback. Write us at:
aodafeedback@gmail.com
*****
THE GLOBE AND MAIL JANUARY 6, 2012
Shelley White
Special to Globe and Mail Update
Published Friday, Jan. 06, 2012 6:00AM EST
For Hans Sturzenbecher, catering to people with
disabilities just makes good business sense.
His restaurant,
Macy's Diner & Delicatessen in
Other
As of the start of this year, all businesses in
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
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
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