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relating to Employee standards and accomodation plans 12-Mar-2014 [9511]

Part of unassigned

Accessibility for Ontarians with Disabilities Act, 2005



21. Unless otherwise specified in a section, obligated organizations, as employers, shall meet the requirements set out in this Part in accordance with the following schedule:

1. For the Government of Ontario and the Legislative Assembly, January 1, 2013.

2. For large designated public sector organizations, January 1, 2014.

28. (1) Employers, other than employers that are small organizations, shall develop and have in place a written process for the development of documented individual accommodation plans for employees with disabilities. O. Reg. 191/11, s. 28 (1).

(2) The process for the development of documented individual accommodation plans shall include the following elements:

1. The manner in which an employee requesting accommodation can participate in the development of the individual accommodation plan.

2. The means by which the employee is assessed on an individual basis.

3. The manner in which the employer can request an evaluation by an outside medical or other expert, at the employer’s expense, to assist the employer in determining if accommodation can be achieved and, if so, how accommodation can be achieved.

4. The manner in which the employee can request the participation of a representative from their bargaining agent, where the employee is represented by a bargaining agent, or other representative from the workplace, where the employee is not represented by a bargaining agent, in the development of the accommodation plan.

5. The steps taken to protect the privacy of the employee’s personal information.

6. The frequency with which the individual accommodation plan will be reviewed and updated and the manner in which it will be done.

7. If an individual accommodation plan is denied, the manner in which the reasons for the denial will be provided to the employee.

8. The means of providing the individual accommodation plan in a format that takes into account the employee’s accessibility needs due to disability. O. Reg. 191/11, s. 28 (2).

(3) Individual accommodation plans shall,

(a) if requested, include any information regarding accessible formats and communications supports provided, as described in section 26;

(b) if required, include individualized workplace emergency response information, as described in section 27; and

(c) identify any other accommodation that is to be provided. O. Reg. 191/11, s. 28 (3).