workplace emergency response information to employees with disabilities if the
nature of the person’s disability warrants an individualized approach.
Employers, other than those with fewer than 50 employees, must develop and
have in place written processes for the development of individual accommodation
plans for employees with disabilities. Employers, other than those with fewer
than 50 employees, must have in place return to work processes for employees
who are absent from work due to disability and require accommodations to return
to work.
Employers must consider an employee’s disability-related needs when using
performance management techniques. It is important to note that employers in
Ontario have significant obligations under the Human Rights Code, including the
duty to accommodate disability-related needs of employees, up to the point of
undue hardship. For more information on the duty to accommodate, see chapter
3 of this Primer.
C. Transportation StandardsThe Transportation Standard defines conventional transportation providers as
those that carry public passengers on transit buses, coaches or rail and operate
only in Ontario and are provided by public sector transportation organizations.
Transit services operated by municipalities, such as TTC and London Transit, are
therefore covered by the Standard. Public school boards, hospitals and
universities that provide transportation services are also covered. Specialized
transportation providers are defined as those that are provided by public sector
transportation organizations, operated only in Ontario and designed to transport
people with disabilities.^33 This would include para transit services such as
Wheel-Trans (in Toronto) and Mobility Plus (in York Region).
(^33) Ibid at s 33.