Health-care practices may well become the target of a compliance audit health-care practice whose clients are more likely to be persons with disabil-ities, may well become the target of a future compliance audit. Significant penalties may apply to a non-compliant organization. For a corporation, a penalty can range from $500 to $15,000; and for an individual or unincorporated organization, from $200 to $2,000. Where there has been a serious contravention, a daily pen-alty may be levied up to a maximum total penalty of $100,000 for a corpo-ration and $50,000 for an individual or unincorporated organization, not to mention the negative publicity that will likely ensue. Bottom line is this: the AODA is here to stay. It is therefore important that every health-care organization understands and meets the compli-ance standards already in place, and starts planning for the future. (The information contained in this article is provided for general information purposes only and does not constitute le-gal or other professional advice. Reading this article does not create a lawyer-client relationship. Readers are advised to seek specific legal advice from Sherrard Kuzz LLP or other legal counsel in relation to any decision or course of action contem-plated.) For more articles on compliance and regulations, visit www.canadianchiropractor.ca Large organizations will also be re-quired to improve accessibility for employees and applicants for employ-ment by: • notifying employees, the public and applicants that accommoda-tion of disabilities during the re-cruitment, assessment and selec-tion process is available upon request, and providing that ac-commodation when requested • informing successful applicants and employees about the organi-zation’s policies on accommodat-ing employees with disabilities • upon request, making informa-tion required to perform the em-ployee’s job, and information generally available to employees in the workplace, accessible to employees with disabilities • establishing a written process to develop individual accommoda-tion and a return to work plan, and preparing a written plan for individual employees when re-quired • considering the accessibility needs of employees with disabilities when implementing performance man-agement, career development and advancement, and re-deployment. 24 Canadian Chiropractor December 2015 ENFORCEMENT To date, the Province of Ontario has identified non-compliant organiza-tions in two principal ways: the failure to file required compliance reports; and spot audits. In December of 2012 and again in 2014, every organization with at least 20 employees was required to have filed an online report with the Prov-ince of Ontario confirming AODA compliance. The next report is due in December of 2017. In the fall of 2015, the province launched a blitz of large retailers to ensure they meet the requirements of the AODA. The blitz places special focus on: • The creation and making public of a multi-year accessibility plan that outlines the steps put in place to remove and prevent barriers for employees and customers. • The development of individual-ized emergency response plans for employees with disabilities. Retail is among the first industries to be targeted likely because of its high profile. However, it won’t be the last. Any organization that serves the pub-lic, especially a clinic or other www.canadianchiropractor.ca
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