Thursday, March 19, 2015
On February 1, 2015, the OPS implemented its new Disability Accommodation Policy. This new comprehensive Policy replaces the Employment Accommodation and Return-to-work policies, which were last updated in January 2007.
AMAPCEO has long decried the failures of the accommodation policies to ensure timely and efficient accommodation to minimize barriers in the workplace. Some of the key shortcomings AMAPCEO has raised with the previous policies include:
- Lack of adequate training for managers and employees on employment accommodation and duties and responsibilities under the law;
- Lack of accommodation knowledge and expertise which resulted in unnecessary delays in developing appropriate accommodation plans;
- Inadequate information provided to employees regarding the Independent Medical Examination (IME) Process, and the legal requirement of employee’s consent to an IME;
- Significantly long time periods from when an employee identifies they require accommodation to when an accommodation plan is in place;
- Improper performance management and discipline of employees resulting from management’s failure to consider employees’ individual needs and accommodation plans; and
- Inadequate enforcement measures and methods for managers who fail to meet the policy obligations.
Throughout the development of the new OPS Disability Accommodation Policy, AMAPCEO, along with other OPS bargaining agents, reiterated all of the above issues and more.
AMAPCEO has provided constructive recommendations and feedback for the development of the updated Policy. In response, the Employer has crafted an improved policy to better address the accommodation needs of employees. Changes reflected in the new Disability Accommodation Policy include:
- Mandatory training and education for managers and employees, to ensure that individuals are familiar with relevant Collective Agreement provisions, the Disability Accommodation Policy and relevant human rights and accessibility legislation;
- Creation of Disability Accommodation Specialists to act as resources and guides for managers on issues of consent, health information requests and proper development and review of the accommodation plans;
- Requirement for managers to take into account accessibility needs and an employee’s individual accommodation plan when carrying out the performance management process; and
- New language that suggests temporary or interim employment accommodation to be provided while parties work out permanent arrangements.
Although AMAPCEO recognizes the changes as an improvement, we will continue to push the Employer on the remaining unaddressed issues; and along with monitoring adherence AMAPCEO will hold the Employer accountable for effective implementation. To review the full policy, please visit the Employer’s Myops Intranet portal.