Loading...
HomeMy WebLinkAboutCLD-036-12Date: December 10, 2012 Resolution #: CPR- 663- By -law #: Report#: CLD- 036 -12 File #: Subiect: ACCESSIBILITY POLICY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD- 036 -12 be received; 2. THAT the Accessibility Policy included as Attachment No. 1 to Report CLD- 036 -12 be approved and incorporated into Corporate Policy; and 3. THAT the Accessibility Advisory Committee be advised of Council's decision. Submitted by: Reviewed by: i"L.J�drrie, CMO unicibal Clerk (�- Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 REPORT NO.: CLD-036-12 PAGE 2 1. BACKGROUND In 2005, the Accessibility for Ontarians with Disabilities Act(AODA) was passed which included five standards addressing: ➢ Customer Service ➢ Transportation ➢ Accessible Information and Communications ➢ Accessible Built Environment ➢ Employment Accessibility The first of the standards to be enacted was the Customer Service Standard and municipalities and other designated public sector organizations had to comply with the regulation by January 1, 2010. The Municipality's Customer Service Standard was approved by Council in November of 2009. 2. INTEGRATED ACCESSIBILITY REGULATION In 2011, Ontario Regulation 191/11 streamlined general accessibility requirements by incorporating three of the remaining four standards, being transportation, accessible information and communications, and employment accessibility. The Integrated Accessibility Standards specify various timelines for the accessibility requirements to be met. In accordance with the Standards, large designated public sector organizations (of which the Municipality of Clarington is one) are to develop, implement and maintain policies governing how the organization achieves or will achieve accessibility through meeting its requirements referred to in the Regulation by January 1, 2013. In order to meet this requirement of the Regulation, the Accessibility Policy attached hereto as Attachment No. 1 has been drafted and reviewed by the Accessibility Advisory Committee. To simply the accessibility policies of the Municipality, the Customer Service Policy which was adopted in 2009 has been incorporated into this overall Accessibility Policy. Work is continuing to meet the other requirements of the Regulation. 3. CONCURRENCE - Not applicable 4. CONCLUSION It is respectfully recommended that the Accessibility Policy attached hereto be approved and incorporated into Corporate Policy. REPORT NO.: CLD-036-12 PAGE 3 CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability X Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Patti L. Barrie, Municipal Clerk Attachments: Attachment 1 - Accessibility Policy List of interested parties to be advised of Council's decision: Accessibility Advisory Committee Attachment No. 1 to Report CLD-036-12 Leading the Way ACCESSIBILITY POLICY 1. Purpose: Under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) all municipalities must meet the requirements of accessibility standards established by regulation. This policy establishes the overall framework to guide the Municipality of Clarington in reviewing policies, procedures and by-laws to comply with the standards developed under the legislation. 2. Policy: The Municipality of Clarington is a designated public sector organization under the AODA and is committed to providing exceptional and accessible service for its customers. Goods and services will be provided in a manner that respects the dignity and independence of all customers. The provision of services to persons with disabilities will be integrated wherever possible. Persons with disabilities will be given an opportunity equal to that given to others, to obtain, use or benefit from the goods and services provided by and on behalf of the Municipality of Clarington. 3. Requirements: Accessibility Advisory Committee The Municipality of Clarington has established the Clarington Accessibility Advisory Committee whose mandate it is to advise and assist the Municipality in developing and facilitating strategies toward a barrier-free Clarington for citizens with disabilities. This aim shall be achieved through the review of Municipal policies, programs and services and the identification, removal and prevention of barriers faced by persons with disabilities. - 2 - Establishment of Accessibility Plans and Policies The Municipality shall produce a multi-year Accessibility Plan which will be posted on the Municipality's website and made available in accessible format upon request. Progress of the Plan will be provided annually in an update report to Council which will be posted on the Municipality's website. The Plan shall be reviewed and, if necessary, updated at least once every five years, in consultation with the Clarington Accessibility Advisory Committee. Procurement of Goods, Services, Facilities and Kiosks When procuring goods, services, self-service kiosks or facilities, the Municipality shall incorporate accessibility criteria and features, unless it is not practicable to do so. If not practicable, the Municipality shall provide an explanation, upon request. Training All Municipal employees, volunteers and third parties providing goods and services on the Municipality's behalf shall be required to undergo training on the requirements of the AODA accessibility standards and on the Human Rights Code as it pertains to persons with disabilities. The training provided shall be appropriate to the duties of the employee, volunteer or third party. Training shall take place as soon as is practicable and upon completion the Municipality shall keep a record of the training provided, including the dates on which accessibility training took place. a) Customer Service Standards Accessible Formats The Municipality shall, upon request and in consultation with the person making the request, provide or make arrangements to provide accessible formats for persons with disabilities. Accessible formats shall be provided in a timely manner, taking into account the person's accessibility needs and at a cost that is not more than the regular cost charged to other persons. This does not apply to products and product labels or unconvertible information that the Municipality does not control directly or indirectly through a contractual relationship. If it is determined that information is unconvertible, the Municipality shall provide the person requesting the information with an explanation as to why the information is unconvertible and a summary of the unconvertible information. Notice of Temporary Disruptions In the event that there is a disruption in a program or a service, staff responsible for making the decision shall initiate the Notice of Service Disruption procedure. (See Appendix A). i - 3 - Use of Service Animals and Support Persons If a person with a disability is accompanied by a guide dog or other service animal, the Municipality of Clarington shall ensure that the person is permitted to enter the premises with the animal and to keep the animal with him or her unless the animal is otherwise excluded by law from the premises. (See Appendix B) If a person with a disability is accompanied by a support person, the Municipality of Clarington shall ensure that both persons are permitted to enter the premises together and that the person with a disability is not prevented from having access to the support person while on the premises. (See Appendix B) For Community Services programs and services, the Municipality of Clarington does not apply a user fee or admission to the support person. If an amount is payable by a person for admission in any other department or division, the Municipality of Clarington will ensure that notice about the amount, if any, payable in respect of the support person is given in advance. Wherever fees are calculated, support person fees will be considered. (See Appendix B) Feedback Process The Municipality of Clarington values feedback and supports customers in providing a concern, compliment or suggestion regarding our services. Feedback can be received using the following service channels: in person, by telephone, via e-mail, website, correspondence, and feedback forms. (See Appendix C) Assistive Devices The Municipality of Clarington shall ensure that persons with a disability are not barred from the use of their own personal assistive devices, or those which may be offered by the Municipality, while accessing goods and services offered in any facility owned and operated by the Municipality. (See Appendix D) b) Information and Communication Support Standards Communication When communicating with a person with a disability, Municipal employees, volunteers and third party contractors shall do so in a manner that takes into account the person's disability. Accessible Websites and Web Content Internet websites and web content controlled directly by the Municipality or through a contractual relationship that allows for modification of the product shall conform to the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0, at Level A and AA, in accordance with the schedule set out in the AODA Integrated Accessibility Standards. - 4 - Emergency Procedures, Plans and Information The Municipality shall provide all existing public emergency procedures, plans and public safety information, upon request, in an accessible format or with appropriate communication supports in a timely manner. Employment Standards The Municipality shall notify its employees and the public about the availability of accommodation for applicants with disabilities in its recruitment process. Job applicants who are individually selected for an interview and/or testing shall be notified that accommodations are available upon request in relation to the materials or processes to be used. The Municipality shall consult with any applicant who requests an accommodation in a manner that takes into account the applicant's disability. Successful applicants shall be notified about the Municipality's policies for accommodating employees with disabilities as part of their offer of employment. Employee Supports The Municipality will inform employees of the policies used to support employees with disabilities, including policies on the provision of job accommodations that take into account an employee's accessibility needs due to disability. The Municipality will provide this information to new employees as soon as practicable after they begin their employment and proved updated information to all employees when every there is a change to existing policies on the provision of job accommodations that take into account an employee's accessibility needs due to disability. Accessible Formats and Communication Supports for Employees Upon request, the Municipality shall consult with the employee to provide or arrange for the provision of accessible formats and communication supports for information that is needed in order to perform the employee's job and information that is generally available to employees in the workplace. The Municipality shall consult with the employee making the request in determining the suitability of an accessible format or communication support. Workplace Emergency Response Information The Municipality shall provide individualized workplace emergency response information to employees who have a disability, if the disability is such that the individualized information is necessary and the employer is aware of the need for accommodation due to the employee's disability. With the employee's consent, the Municipality will, as soon as practicable, provide the workplace emergency response information to the person designated by the employer to provide assistance to the employee. The individualized workplace emergency response information shall be reviewed when the employee moves to a different location in the organization, when the employee's overall accommodations needs or plans are reviewed and when the Municipality reviews its general emergency response policies. - 5 - Documented Individual Accommodation Plans The Municipality shall develop a written process for the development of documented individual accommodation plans for employees with disabilities. If requested, these accommodation plans shall include any information regarding accessible formats and communications supports provided. If required, the plans will include individualized workplace emergency response information. Return to Work Process The Municipality shall have in place a documented return to work process for employees returning to work due to disability and requiring disability-related accommodations. The return to work process shall outline the steps the Municipality shall take to facilitate the return to work. Performance Management, Career Development and Redeployment The Municipality shall take into account the accessibility needs of its employees with disabilities as well as any individual accommodation plans when providing performance management, career development and when considering redeployment. C) Transportation Standards Taxicabs Owners and operators of taxicabs licensed by the Municipality are prohibited from charging a higher fare or an additional fee for persons with disabilities than for persons without disabilities for the same trip and for the storage of mobility aids or mobility assistive devices. The Municipality requires all owners and operations of taxicabs licensed by the Municipality to make available vehicle registration and identification information in an accessible format. APPENDIX A TO POLICY H_ NOTICE OF SERVICE DISRUPTION 1. Purpose: Under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), Ontario municipalities are required to comply with Accessibility Standards for Customer Service, Ontario Regulation 429/07 as of January 1, 2010. The Municipality of Clarington is responsible to provide notice to the public when facilities or services, upon which people with disabilities rely to access or use our goods and services, are disrupted. In order to meet this commitment, the Municipality of Clarington will provide notification at the site of the disruption, on the website and by other appropriate and available means. 2. Procedures: When a program is cancelled or a service is disrupted, staff responsible for making the decision must initiate the Notice of Service Disruption procedure. • A sign shall be created (see Attachment No. 1) and posted in a conspicuous place at the site(s) of the cancellation or disruption. • A copy of the sign or the information from the sign will also be added to the Municipality's website, www.clarington.net. • A general e-mail will be sent to Customer Service staff regarding the service disruption or cancellation. • Where applicable, other forms of notification will also be considered, i.e., on an outgoing phone message, on public information boards, on local radio, etc. • When the disruption or cancellation is over, the notices shall be removed and staff informed. The notification shall include the specific service, location, reason for the disruption or cancellation, if possible, and specific length of the disruption or cancellation if known. Where possible, the notification should include an alternative option to the disrupted service. Clannewn Leading the Way Notice Disruption in Service There is currently an unexpected service disruption. The estimated time of the service disruption will be: From: To: The disruption includes: The following alternative services are available: On behalf of the Municipality of Clarington we would like to thank you for your patience in this matter. Contact: i VIII APPENDIX B TO POLICY H SERVICE ANIMAL/SUPPORT PERSON 1. Purpose: Under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), Ontario municipalities are required to comply with Accessibility Standards for Customer Service, Ontario Regulation 429/07. In accordance with the regulation, the Municipality of Clarington must develop procedures that: a) permit customers with disabilities, who have support persons or service animals, to use them while accessing goods or services on premises open to the public and, b) where admission fees are charged, provide advance notice concerning what admission, if any, will be charged with respect to a support person. This procedure applies only to those areas of the premises that the public or third parties are allowed to access. 2. Definitions: "Guide Doq" - Guide dog has the same definition as in section 1 of the Blind Persons Rights'Act which is a dog trained as a guide for a blind person and having the qualifications prescribed by the regulations. "Service Animal" -An animal is considered a service animal for a person with a disability: a) if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or b) if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. Examples of service animals include dogs used by people who are blind, hearing alert animals for people who are deaf, deafened or hard of hearing, and animals trained to alert an individual to an oncoming seizure and lead them to safety. Animals, other than dogs, may also be service animals. - 2 - "Support Person" -A support person is an individual hired or chosen by a person with a disability to provide services or assistance with communication, mobility, personal care, medical needs or with access to goods or services. Personal care needs may include, but are not limited to, physically transferring an individual from one location to another or assisting an individual with eating or using the washroom. Medical needs may include, but are not limited to, monitoring an individual's health or providing medical support by being available in the event of a seizure. The support person could be a paid personal support worker, a volunteer, a friend or a family member. He or she does not necessarily need to have special training or qualifications. "Premises" - Premises include the buildings, land or grounds where the Municipality provide.goods or services. In accordance with the requirements of the standard, this procedure only applies to those areas of the premises where the public or third parties customarily have access. You do not have to let anyone with a service animal or support person into places or areas where the public does not have access. 3. Procedures: Service Animals If a person with a disability is accompanied by a guide dog or other service animal, the Municipality of Clarington shall ensure that the person is permitted to enter the premises with the animal and to keep the animal with him or her unless the animal is otherwise excluded by law from the premises. Two examples of laws that specifically exclude animals are regulations under the Health Protection and Promotion Act and the Food Safety and Quality Act, 2001. Ontario Regulation 562 under the Health Protection and Promotion Act states that animals are not allowed in places where food is manufactured, prepared, processed, handled, served, displayed, stored, sold or offered for sale. It does make an exception for service animals to allow them to go where food is normally served, sold or offered for sale. If a service animal is excluded by law from the premises, the Municipality of Clarington shall ensure that other measures are available to enable the person with a disability to obtain, use or benefit from the municipality's goods or services. Staff must explain to the individual why the animal is excluded and see what other arrangements can be made to provide them with the Municipality's goods or services. If the person with the service animal agrees, this might mean leaving the animal in a secure area where it is permitted by law. It might also mean offering to serve the person in another location where the animal is permitted. I - 3 - There may be rare circumstances where, for the reasons of health and safety of another person, allowing a person with a disability to enter a premises and be accompanied by their service animal needs to be considered. In the rare situation where another person's health and safety could be seriously impacted by the presence of a service animal on premises open to the public, i.e., in a swimming pool or on an ice surface, the Municipality of Clarington will consider all options for allowing the service animal. In general, people with allergies to animals are affected if they touch the animal or are in very close proximity for a lengthy period of time. Some of the options to consider may be creating distance between two individuals, eliminating in-person contact, changing the time the two receive service, using air purifiers and any other measures that would allow the person to use their service animal on the premises. The Municipality of Clarington will consider all relevant factors and options in trying to find a solution that meets the needs of both individuals. It is understood that a person who has a support animal will maintain control of the animal while on the premises and that the care of the animal is the responsibility of its owner. Support Person If a person with a disability is accompanied by a support person, the Municipality of Clarington shall ensure that both persons are permitted to enter the premises together and that the person with a disability is not prevented from having access to the support person while on the premises. For Community Services programs and services, the Municipality of Clarington does not apply a user fee or admission to the support person. If an amount is payable by a person for admission in any other department or division, the Municipality of Clarington will ensure that notice about the amount, if any, payable in respect of the support person is given in advance. Wherever fees are calculated, support person fees will be considered. Organizations who utilize Community Services Department facilities will be responsible for making their own decision on fees for support persons and notifying the public. The Municipality of Clarington 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. Municipal staff will consider whether they will require the attendance of a support person in the following situations: a) When there is a significant risk to the health and safety of the person with a disability or others (the mere possibility of risk is insufficient); - 4 - b) That risk is greater than the risk associated with other customers and that risk cannot be eliminated or reduced by other means; c) The assessment of the risk is based on consideration of the duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the imminence of the potential harm; and d) The assessment of the risk is based on the individual's actual characteristics, not merely on generalizations, misperceptions, ignorance or fears about a disability. i i III i APPENDIX C TO POLICY H FEEDBACK ON SERVICES 1. Purpose: The Municipality of Clarington provides a method by which customers can provide feedback on services. The established process provides for the receiving and responding to feedback regarding the manner in which the municipality provides goods and services to all of its customers. Under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), Ontario municipalities are required to comply with Accessibility Standards for Customer Service, Ontario Regulation 429/07 as of January 1, 2010. 2. Procedure: The Municipality of Clarington values feedback and supports customers in providing a complaint, compliment or suggestion regarding our services. Feedback can be received using the following service channels: in person, by telephone, via e-mail, website, correspondence, and feedback forms. 1. In person, by phone, via e-mail and correspondence: Staff will receive all feedback and log it appropriately. 2. Website: Electronic feedback forms are available on the Municipality's website, www.clarington.net. 3. Feedback forms: Feedback drop boxes are available in all staffed facilities and will be checked on a daily basis. The feedback form is attached hereto as Attachment No. 1. All feedback will be collected, analyzed and where applicable, responded to. Where a response is requested, an initial response will be provided within three (3) business days. The feedback will be forwarded to the appropriate supervisor/manager for review and action. Any items identified that reflect an issue which impacts accessibility will be forwarded from the Department Head to the Municipal Clerk. The feedback received which impacts accessibility will be reviewed and analyzed by the Customer Services staff committee on a quarterly basis and compiled into a report for submission to the Accessibility Advisory Committee and Municipal Council for information purposes each January. - 2 - 3. Resolution: When a complaint is received regarding the provision of goods and services to persons with disabilities, an initial response will be provided to the customer within three (3) business days. The initial response will include confirmation of the following: (a) the information has been received; (b) arrangements for it to be investigated have been made; and (c) if requested, the customer will receive relevant updates (the individual will be provided with a timeline for investigation and response). Departmental staff involved are then responsible to ensure that: (a) the inspection has been conducted; (b) required action to address the issue and a timeline for completion is established if necessary; and (c) the customer has been advised of the actions to be taken (if any) and the anticipated timeline for completion. 4. Feedback Review To ensure its effectiveness, the feedback procedure will be reviewed by the Customer Services staff committee on a quarterly basis apd, if necessary, amended to enhance its responsiveness for our customers. 5. Publication This procedure will be posted for public information on the Municipality's web site, www,clarinciton.net and information pertaining to it will be published in the Municipality's Recreation and Leisure Guide. WN TIPP.---r ...,,. -"- ' #= 2009- CSR No DATE: Click here toe ter date® FIRST NAME: First Name LAST NAME: Last Name Address: Street/Mailing Address COMMUNITY: COMMUNITY PROV: ON Postal Code: PC TELEPHONE: Telephone with Area EMAIL: Email address Code CUSTOMER FEEDBACK DETAILS: Click here to enter text. IS CONCERN ACCESSIBILITY RELATED? F YES NO LOCATION OF CONCERN: Click here to enter text. action taken DATE RECEIVED: Click here to enter a date. ACTION TAKEN: Click here to enter text. Customer follow up DATE customer was contacted: Click here to enter a date. F- By Telephone By Email In Person IS THIS AN ACCESSIBILITY REPORT: h YES r NO Name of Employee Responding : Enter your Name Department: Department Name Signature: Date: Select date. Personal Information contained on this form is collected pursuant to the Accessibility for Ontarians with Disabilities Act and will be used for the purpose of responding to your concern. Questions about this collection should be directed to the Municipal Clerk,40 Temperance Street, Bowmanville, Ontario, L1C 3A6,Telephone 905-623-3379. <C (8) '4 ? ~ Q wa © C'9 00 H Via `/' U H z Q Q � Z U _ Q > co " - -- -- - aQ El - - -- � z z Q ~ wH w � W wH w 0� p Zp 00 � r� Of W 0 � � 0' Ora @ � OUhHa4 cn P. v� � UW ® z Qu a HE, — Coo � a � w � Wow zF~ � Qw UU 00 UOZF� rr, W W O � � o_ w d 0- OU - - w 0 f'Y APPENDIX D TO POLICY H_ ASSISTIVE DEVICES 1. Purpose: The Municipality of Clarington provides an opportunity for customers to utilize assistive devices in order to access the services of the municipality. Under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), Ontario municipalities are required to comply with Accessibility Standards for Customer Service, Ontario Regulation 429/07 as of January 1, 2010. 2. Procedure: Personal assistive devices may be used by certain persons with a disability. Examples of assistive devices may include, but are not limited to, a cane, walker, hearing aid, oxygen tanks, etc. In addition, the Municipality provides a number of assistive devices for the benefit of all persons using or accessing goods and services by the Municipality. These include elevators and lifts in most municipally- owned and operated buildings, an amplification system for the hard of hearing within the Council Chambers, accessible parking spaces in certain locations, water wheelchairs for entering/exiting pools, water ramp (at Courtice Community Centre and Newcastle and District Recreation Complex) and a pool lift (at Clarington Fitness Centre). The Municipality of Clarington shall ensure that persons with a disability are not barred from the use of their own personal assistive devices, or those which may be offered by the Municipality, while accessing goods and services offered in any facility owned and operated by the Municipality.