AODA Making Ontario Accessible – Effective January 2016, employers must meet additional obligations under the Accessibility for Ontarians with Disabilities Act (AODA)

Background – What is the AODA?

In 2005, the provincial government passed the Accessibility for Ontarians with Disabilities Act with the goal of making Ontario accessible by 2025.

People with disabilities face obstacles that make it difficult, sometimes impossible, to do the things most of us take for granted. Things like going shopping, working, or taking public transit; organizations can remove some of these barriers by doing things differently.

Ontario Employers must implement Accessible Standards

The purpose of the AODA is to involve Ontario employers in the development and implementation of accessibility standards in their workplaces in key areas that impact daily living. The AODA has 5 components:

• Customer Service
• Communication
• Employment
• Transportation
• Built Environment (public spaces)

Does the AODA apply to all Ontario Employers?

Employers with 1 or more employees must implement AODA standards.

Accessible standards, requirements and implementation deadlines vary depending on the organization size and for private, non-profit or public sector organizations.

2016 Implementation Requirements for Private Sector Companies

January 2016 – Employers with 50 or more employees are required to implement accessibility across all stages of the employment relationship (hiring, training, promotion, return to work after illness or injury, and more) and provide accessible formats and communication supports about goods, services or facilities, on request.

January 2016 – Employers with fewer than 50 employees are required to train employees on the requirements of AODA and to make any feedback tools (customer comment cards, on-line surveys) available in accessible formats, on request.

Past Implementation Deadlines for Private Sector Companies

2012 – By January 1, 2012 all organizations should have implemented the Customer Service Standard. Employers with 20 or more employees should have filed an AODA compliance report on customer service. All organizations should also have implemented accessibility in their emergency plans.

2014 – Employers with 50 or more employees should have developed an accessibility policy and multi-year plan on how to implement the requirements of the legislation. There are additional requirements for employers introducing new or major changes to self serve kiosks or websites. AODA compliance report should have been filed by the end of 2014.

2015 – Employers with 50 or more employees are required to train employees on the requirements of AODA and to make any feedback tools (customer comment cards, on-line surveys) available in accessible formats, on request.

2015 – Employers with fewer than 50 employees are required to develop accessibility policies. Employer’s introducing new or major changes to self-serve kiosks have additional requirements to comply with under AODA.

Where can I learn more about AODA?

Learn more about accessibility in Ontario and the AODA.

If your Workplace uses Temporary Employees, you need to be aware of the following Changes to the ESA Effective November 2015 – Bill 18 Implementation – Temporary Employees 

The Stronger Workplaces for a Stronger Economy Act, Bill 18, was passed into law last fall. The Act introduced a number of key changes to Ontario workplace legislation designed to protect workers who perform precarious work – temporary, casual, seasonal, and part-time workers.

Employers who use temporary help agencies should ensure the agency is compliant with all employment regulations and is financially stable.

If your workplace uses temporary employees, you need to be aware of the following changes to the Ontario Employment Standards Act:

• Shared liability for unpaid wages between temporary help agency and employers.
• New reporting requirements for temporary help agencies and the employers who use their services.

Joint Liability for Unpaid Wages

Effective November 20, 2015: Shared responsibility for unpaid wages (regular wages, premiums, holiday pay and overtime) between temporary help agency and employer.

Make sure your temporary help service provider complies with employment laws and is financially stable. Under the new law, there is a potential risk of dual payment for labour expenses, in cases where the temporary help agency does not pay workers.

Reporting

Effective November 20, 2015: New reporting requirements for temporary help agencies and the employers who use their services. Employers must keep records of daily and weekly hours worked. 

Talk to your temporary help service provider to find out their plans for meeting this new reporting requirement.

More Information

Read more in the Fusion Guide to Bill 18 or refer to the Stronger Workplaces for a Stronger Economy Act.

 

Reminder – ESA Ontario Minimum Wage Increase Effective October 1, 2015

Employment Standards Act Update – ESA Ontario Minimum Wage Increase. On October 1, 2015, the Ontario minimum wage will increase from $11 to $11.25 per hour. The new minimum wage rate will be in effect for 1 year, until September 30, 2016.

Ontario Minimum Wage Rates

General Minimum Wage

• current wage $11
• new wage effective October 1, 2015 –  $11.25

Student Minimum Wage

• current wage $10.30
• new wage effective October 1, 2015 – $10.55

The Ontario Minimum Wage is now linked to the Ontario Consumer Price Index (CPI). Each year on April 1 minimum wage will be announced. Any wage change will be effective on October 1 and will remain in effect for 1 year. Refer to the Ontario Employment Standards Act (ESA) for details.

This change is part of Bill 18, the Stronger Workplaces for a Stronger Economy Act, which became law in the fall of 2014. This legislation introduces a number of key changes designed to protect vulnerable workers and may impact your workplace. Find out more about Bill 18.

Employee Mistakes – Mistakes Happen in Every Workplace. How you Respond as a Manager Can Make the Difference Between an Effective and a Dysfunctional Workplace.

Dealing with employee mistakes is part of being a manager. We all make mistakes from time to time. In fact, mistakes are a normal part of the learning process and should be expected when employees are learning a new task or role.

But how should a manager respond when an experienced employee makes a mistake?

Mistakes can be costly – both financially and in other ways. Impacts can range from lost time to redo work, frustrated coworkers, lost customer accounts, risk to health and safety of others, potential lawsuits, damage to products, property or equipment, and negative impact on company reputation.

How a manager responds to employee mistakes says a lot about the manager’s character. But it also directly impacts employee accountability to their work, their team and the company.

Most of us can relate to an experience where their manager responded poorly to a mistake. Maybe the manager did nothing and ignored the problem or at the other extreme, the manager lost control by berating and humiliating the employee in front of peers or customers.

If we assume that the employee made an honest mistake, follow these Manager Tips:

• focus on damage control, managing and solving the problem
• avoid assigning blame
• give the employee a chance to explain the situation from their perspective
• clearly explain the error and your expectations
• make sure you explain the impact of the mistake on the company and customers
• tell the employee how they could have handled the situation differently
• involve the employee in the plan to solve the problem
• be encouraging and demonstrate confidence in the employee’s abilities
• identify your employee’s strengths and assign work that matches their skills
• provide training if needed and follow up
• improve your process – what can you do differently in the future to avoid this problem?
• praise accountability – encourage your employees to tell you when something goes wrong
• don’t manage using intimidation, fear or threats – this often results in problems being covered up and does not encourage accountability

Mistakes can be challenging. Managers are held accountable for their work and the work of their employees. When an employee mistake results in a significant loss it can reflect poorly on the manager, the team and the company. Mistakes are a part of any workplace. Encourage open communication and support employees who bring problems and issues to your attention.

ORPP – Ontario Retirement Pension Plan Implementation Details Announced

The Ontario Government recently announced implementation details for the new ORPP – Ontario Retirement Pension Plan.

Overview of ORPP

• Ontario Retirement Pension Plan Act received royal assent in May 2015
• Mandatory participation
• Applies to eligible Ontario workers aged 18 to 70 years of age
• By 2020, every employee in Ontario will either participate in the ORPP or a comparable workplace pension plan
• Maximum contribution rate of 3.8% shared equally between employee and employer
• Earnings will start to be paid out to members in 2022

What Employers Need to Know about Implementation?

What is a Comparable Workplace Pension Plan:

Employers, and their employees, who do not have a workplace pension plan or have a plan that does not meet the “comparable workplace pension plan” definition will be required to participate in the ORPP. Employers, and their employees, who have a “comparable workplace pension plan” will not be required to participate in the ORPP.

The government has defined a “comparable workplace pension plan” to include only registered pension plans (RPPs) which meet the comparability test. Registered pension plans can be either defined benefit (DB) or defined contribution (DC) plans. Plans not considered “comparable” include group RRSPs and other savings plans such as tax free savings or profit sharing plans.  

Phase In Dates:

• Wave 1: Large employers (500 or more employees) without a registered workplace pension plan; contributions begin January 1, 2017
• Wave 2: Medium employers (50 to 499 employees) without a registered workplace pension plan; contributions begin January 1, 2018
• Wave 3: Small employers (50 or less employees) without a registered workplace pension plan; contributions begin January 1, 2019
• Wave 4: employers who have a workplace pension plan  that does not meet the comparability test and employees who choose not to participate in their registered workplace pension plan; contributions begin January 1, 2020

Wave 4 gives employers time to modify their registered workplace pension plans to meet the minimum requirements of the ORPP comparability test.

Contributions

Employee and employer contributions will also be phased in over a period of time depending on which Wave applies.

Read more about the ORPP implementation and the comparability test for registered workplace pension plans.

Ontario Minimum Wage Increases

Effective October 1, 2015, Ontario minimum wage increases from $11 to $11.25 per hour. This new wage will be in effect for 1 year, until September 31, 2016.

The Ontario Minimum Wage is now linked to the Ontario Consumer Price Index (CPI). Each year on April 1 minimum wage will be announced. Any wage change will be effective on October 1 and will remain in effect for 1 year. 

This change is part of Bill 18, the Stronger Workplaces for a Stronger Economy Act, which became law in the fall of 2014. This legislation introduces a number of key changes designed to protect vulnerable workers and may impact your workplace. Find out more about Bill 18.