Section #28: Documented Individual Accommodation Plans

What the standard says

(1) Employers, other than employers that are small organizations, shall develop and have in place a written process for the development of documented individual accommodation plans for employees with disabilities.

(2) The process for the development of documented individual accommodation plans shall include the following elements:

  1. The manner in which an employee requesting accommodation can participate in the development of the individual accommodation plan.
  2. The means by which the employee is assessed on an individual basis.
  3. The manner in which the employer can request an evaluation by an outside medical or other expert, at the employer’s expense, to assist the employer in determining if accommodation can be achieved and, if so, how accommodation can be achieved.
  4. The manner in which the employee can request the participation of a representative from their bargaining agent, where the employee is represented by a bargaining agent, or other representative from the workplace, where the employee is not represented by a bargaining agent, in the development of the accommodation plan.
  5. The steps taken to protect the privacy of the employee’s personal information.
  6. The frequency with which the individual accommodation plan will be reviewed and updated and the manner in which it will be done.
  7. If an individual accommodation plan is denied, the manner in which the reasons for the denial will be provided to the employee.
  8. The means of providing the individual accommodation plan in a format that takes into account the employee’s accessibility needs due to disability.

(3) Individual accommodation plans shall,

  1. if requested, include any information regarding accessible formats and communications supports provided, as described in section 26;
  2. if required, include individualized workplace emergency response information, as described in section 27; and
  3. identify any other accommodation that is to be provided.

Suggested approach

The elements outlined above should guide the procedure by which employers accommodate employees. Such accommodation processes should be posted on the institution’s website and be readily available for employees to explore independently, prior to connecting with the appropriate in-house resources.

Suggested best practices

Sample accommodation processes/policies found online:

Compliance schedule for Section #28, as stated in the IASR

  • For large designated public sector organizations, January 1, 2014.
  • For large organizations, January 1, 2016.

Definitions related to Section #28, as defined in the IASR

  • “Large designated public sector organization” means a designated public sector organization with 50 or more employees.
  • “Large organization” means an obligated organization with 50 or more employees in Ontario, other than the Government of Ontario, the Legislative Assembly or a designated public sector organization.
  • “Small organization” means an obligated organization with at least one but fewer than 50 employees in Ontario, other than the Government of Ontario, the Legislative Assembly or a designated public sector organization.

How does the IASR relate to the Ontario Human Rights Code?

In Section 1 (2), the IASR states that, “the requirements in the standards set out in this Regulation are not a replacement or a substitution for the requirements established under the Human Rights Code nor do the standards limit any obligations owed to persons with disabilities under any other legislation.”

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