Do Your Emergency Response Plans ... - OHS Insider » Blog Archive
Hurricanes, floods, wild fires and other recent disasters serve as a reminder that employers are required to develop an emergency response plan for their workplace. And while emergency response requirements have been around for a while, the new accessibility laws springing up in Ontario and other provinces add emphasis to a key point: Emergency response plans must account for the needs of employees with hearing, visual, mobility and other disabilities that impair their ability to evacuate in an emergency. And if you’re in Ontario, you’re facing a Jan. 1 deadline to meet this requirement.
What the Law Requires
The OHS laws of each jurisdiction require employers to prepare for workplace emergencies by conducting a hazard assessment, developing response plans for evacuation or sheltering in-place and training employees to carry out their roles in the plan. But only 4 jurisdictions specifically address the needs of disabled employees in their OHS regulations.
Arguably, equivalent duties apply in other jurisdictions under the “general duty” clause of the OHS act (that requires employers to protect employees against foreseeable safety hazards). The duty to extend emergency preparations to the disabled is also implied as part of an employer’s obligation to accommodate the disabled under human rights laws.
But the new workplace accessibility laws in Ontario say directly what these OHS and human rights laws only imply: Emergency plans must account for the needs of disabled employees. The Integrated Accessibility Standards regulation under the Accessibility for emergency response information, effective Jan. 1, 2012.
Manitoba has adopted similar legislation and other provinces are expected to do likewise. So, no matter where you’re from, you must ensure that your emergency response plan adequately addresses the special needs of employees with disabilities. With that in mind, we had our super-correspondent, Sheryl Smolkin, sit down for a one-on-one with Alf Spencer, the Director of Outreach and Compliance for the Accessibility Directorate of Ontario, to discuss the new accessibility requirements and what employers should do to comply with them.
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