THE EMPLOYERS' EDGE
Employers Required To Provide Emergency Response Information To Employees With A Disability By January 2012
Most employers in Ontario will be required to provide workplace emergency response information in an accessible format to its employees effective January 2012, under the Proposed Accessibility Standard, which is slated to become a regulation under the Accessibility for Ontarians with Disabilities Act. This Standard requires organizations and employers to take a proactive approach in identifying, removing and preventing barriers faced by persons with disabilities in employment.
Employers must provide individualized workplace emergency response information to employees who have a disability, if the disability is such that individualized information is necessary and the employer is aware of the need for accommodation due to the employee’s disability. In circumstances where an employee with a disability requires assistance, the employer must also provide workplace emergency response information to another person designated by the employer to provide assistance to the disabled employee. This information must be provided to the employee as soon as practicable after the employer becomes aware of the need for accommodation due to the employee’s disability.
Employers will also be required to review individualized workplace emergency response information in the following circumstances:
When the employee moves to a different location in the organization;
When the employee’s overall accommodation needs are changed or reviewed; and,
When the employer reviews its overall emergency response policies;
Given the imminent compliance deadline for this requirement, employers should give some thought to adopting appropriate procedures for dealing with emergency situations and how it will provide assistance to employees with disabilities in these circumstances. Employers should also review existing pandemic plans, fire emergency procedures and first aid plans when assessing the appropriate emergency response to provide to an employee with a disability.
We will continue to monitor the Workplace Emergency Response requirement under the Proposed Accessibility Standard, and advise you of any further updates regarding same.
Please Note: This blog has been prepared as an informational service for our clients and other interested parties. It is not intended to constitute legal advice, a complete statement of the law or opinion on any subject. Although we endeavour to ensure the accuracy of the content, no one should act upon the information provided without a thorough examination of the law after the facts of a specific situation are fully considered.