HomeMy WebLinkAboutAccommodation Policy
Cape Breton Regional Municipality Workplace
Accommodation Policy
1) Policv Statement
The Cape Breton Regional Municipality values individual differences, respects individual needs,
and supports accessibility, diversity and fairness in our treatment of all individuals. The goal of
the CBRM's Accommodation Policy is to establish and maintain an inclusive workplace, and to
provide workplace accommodation as required under the CBRM's Employment Equity Policy,
Respect in the Workplace Policy, Nova Scotia Human Rights Act and the Department of Labour
and Standards. The Cape Breton Regional Municipality recognizes its duty to accommodate to
the point of undue hardship, and commits itself to an accommodation process and procedure that
occurs as quickly and confidentially as possible.
2) ADDlication
All employees and job applicants.
3) Definitions
a) Barriers - individuals can experience discrimination as a result of physical (building
design), attitudinal (stereotypes or prejudices) or systemic barriers. Systemic barriers
in the workplace are both formal and informal policies, practices or rules which,
when applied in the same way to everyone, may have the effect of unfairly excluding
or restricting the participation of some qualified individuals.
b) Duty to Accommodate - the obligation of an employer to take steps to eliminate the
disadvantage caused by systemic, attitudinal, or physical barriers that unfairly exclude
individuals or groups protected under the Cape Breton Regional Municipality's
Respectful Workplace Policy and Employment Equity Policy.
c) Employment Accommodation:
i) Universal Accommodation - the process of identifying and eliminating
barriers for everyone. This can be done by modifying facilities, policies,
programs, procedures, and practices; and ensuring that the potential barriers
are identified and resolved before engaging in new corporate actions. This will
help the Cape Breton Regional Municipality identify and remove artificial and
systemic barriers to full employment.
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ii) Individual Accommodation - An adaptation or adjustment that may be
required to enable an employee to perform his or her essential job
responsibilities effectively. This may involve a range of changes, but not
limited to purchasing equipment, changing some duties or hours of the
employee, or reassignment of the employee.
Note: Return to Work! Disability Manaf!ement Drocedure - See Section 5 (c)
d) Protected Grounds - under the Nova Scotia Human Rights Act, every person has the
right to equal treatment with respect to employment on the basis of: race, ancestry,
colour, ethnic, national or aboriginal origin, sex, sexual orientation, age, marital
status, family status, physical disability, source of income, mental disability, political
affiliation, creed, religion, association with individuals with any of the above
characteristics and irrational fear of contracting an illness or disease.
e) Undue Hardship - refers to the extent to which an employer must attempt to
accommodate the needs of an employee on grounds protected under the Nova Scotia
Human Rights Act.
Accommodation requires more than a minimal effort on the part of the Municipality. As an
employer, the Municipality must take all reasonable steps to see if an employee can be
accommodated in the workplace. However, there are limits on how much the Municipality is
required to do in accommodating an employee. If the Municipality can show that further efforts
to accommodate would create significant hardship for it as an employer, the Municipality has
met its legal obligations.
The Cape Breton Regional Municipality, in accordance with the definition formulated by the
Canadian Human Rights Commission, has defined undue hardship as the following;
l) Financial Cost
2) Impact on a collective agreement
3) Problems of employee morale
4) Interchangeably ofthe workforce and facilities
5) Size of the operation
6) Safety / operational requirements of the workplace.
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4) Process and ADDlication
a) Scope
The Cape Breton Regional Municipality's commitment extends to all employment activities:
recruitment, selection, orientation, working conditions, promotions, training, career development
and workplace transition. It also includes the purchase and management of information
technology and communication systems, development and management of information services
and purchase of inside fittings (e.g. chairs, desks, lights, etc.) and decisions related to
conferences, seminars and training.
b) Individual Assessment
Employment accommodation is assessed on an individual basis for persons who make their
needs known. Each situation must be considered individually in order to assess appropriate
accommodation. Requests for employment accommodation must be dealt with quickly and
effectively so employees can fully participate in all aspects of the employment and recruitment,
except where undue hardship can be demonstrated.
c) Dignity and Privacy
Individuals must be accommodated in ways that respect their dignity, worth, and the right to
privacy in the workplace. All information relating to specific requests for accommodations will
be treated as confidential and will only be used for the purpose of meeting accommodation
requirements.
d) Legal Obligation and Limits
Employment accommodation is a legal obligation for all employers under the Human Rights
Code and related jurisprudence; failure to accommodate on any of the Code's protected grounds
may constitute discrimination and non-compliance with the Code. The employer is obligated to
fully explore accommodation within the employee's own job. Accommodation outside of the
employee's position (e.g. reassignment to a vacant position) may be considered; for example,
when the employee cannot perform the essential duties of the position and accommodation in the
current position would create undue hardship. However, this does not mean that a new job must
be created for an employee, nor does the application of this policy constitute a guarantee to
continued employment. The Cape Breton Regional Municipality is not obligated to accept
substandard or less than competent performance from an employee once they have been
accommodated.
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e) Forms of Accommodation
Workplace accommodation includes, but is not limited to:
i) Hiring practices: changes to the procedures used for testing, selection,
training and promotion.
ii) Work station access and adjustments: changes to the work area design
and means of access to the workplace and all facilities, modifications to
technology and equipment.
iii) Work procedure adjustments: changes to specific requirements of a
particular job, restructuring of duties, modifications to working hours,
adoption of flexible work practices, relocation, flexible hours and leave
options;
iv) Provision of specific services, facilities, aids or equipment: including
the provision of interpreters, particular equipment, attendant services, a
quiet place for prayer or assistance with a particular aspect of a job;
v) Reassignment of an individual employee: a change of position, the
reassignment of specific tasks to another position, or creating a temporary
assignment that is required for business purposes and facilitates a return to
work. Such temporary assignment must be meaningful, productive work.
1) Accommodation as part of the Recruitment and Selection Process
Cape Breton Regional Municipality recognizes that the need for an accommodation may arise
during the employment selection process, at the commencement of employment or at any time
after employment has commenced. An employee's probationary period can only commence after
an employee has been appropriately accommodated.
5) Administration
a) Initiating Requests
Human Resources Department and hiring manager should ask applicants whether they need any
accommodation for the selection process or for eventual employment, and cannot use bias
towards the candidate.
Applicants should inform the Human Resources Department or hiring manager handling the
selection process of any accommodation required to progress through the selection process,
and/or required for the applicable position.
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b) Process for Job Applicants
Human Resources Department or hiring manager receiving a request from an applicant for
accommodation will work with the applicant to identify the most appropriate accommodation
specific to the individual's needs in a timely manner, up to the point of undue hardship.
Human Resources Department and/or hiring manager should consult with the Occupational
Health and Safety (OHS), Diversity Officer, and/or the union representative, where appropriate,
to progress the accommodation request. Any accommodation involving medical requirements
must be handled in consultation with the OHS officer.
c) Return to work! Disability Manaf!ement Procedure
The Cape Breton Regional Municipality recognizes the responsibility towards disabled
employees. The disability management program is committed to providing an early return to
productive employment for employees disabled through occupational or non-occupational injury
or illness. The disability management program will assist employees in achieving a timely and
effective rehabilitation, while maintaining their personal dignity and financial stability.
Additionally, this program will provide an effective means of managing health and disability
related costs. This process is intended to achieve effective disability management by ensuring:
prevention, early intervention, ongoing case management and meaningful work consistent with
the employee's physical capabilities without risk of re-injury or risk to others. Participation will
not prejudice receiving the rights negotiated under the collective agreement.
d) Accountability: CAO is accountable for:
Ensuring compliance with this policy;
Ensuring every effort is made within the department to provide individual
accommodation when required, up to the point of undue hardship; and
Ensuring that any departmental activities, policies, practices, procedures,
procurements and use of facilities do not result in discrimination.
Managers/Supervisors/Directors are responsible for:
Informing applicants and employees of this policy and of their right to request an
accommodation at any time when it is required;
Assisting the individual requesting accommodation to identify the most suitable
accommodation;
Actively ensuring that all individual requests for workplace accommodation are
addressed according to this policy, in a professional, confidential manner and in
consultation with OHS, Diversity officer, service provider, and the union(s) where
applicable; and
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Completing the Accommodation Review / Plan form and keeping a copy of the
completed form in a confidential file for every request for workplace
accommodation received.
Employees and applicants are responsible for:
Supporting successful reintegration of employees into the workplace;
Requesting an accommodation when required, in a timely manner;
Providing medical and other relevant information to facilitate the identification of
accommodation; and
Cooperating with attempts to fulfill reasonable accommodation.
OHS is responsible for:
Providing assistance to managers and employees involved m a request for
workplace accommodation.
The Return to Work (R TW) Committee is responsible for the accommodation of
employees with physical or mental disabilities in the following manner:
Facilitating accommodations;
Reviewing the Accommodation Review/ Plan form and facilitating further
attempts to provide alternative accommodation up to the point of undue hardship,
in consultation with OHS, the disability benefits service provider, and the
union(s) where applicable, when local workplace accommodations are not
possible;
Notifying the appropriate directors/managers, as well the CAO, of their
employees who cannot be accommodated with their department; and
Ensuring cases are sent to the appropriate means of appeal when it is so needed.
Unions are responsible for:
Facilitating reasonable accommodation, provided that such accommodation does
not create undue hardship on members. This could include agreeing to
reassignment of an individual, assisting in restructuring or facilitating shift
change, to name a few.
Human Resources/ Hiring Managers are responsible for:
Ensuring the candidates are asked whether they need any accommodation for the
recruitment or selection process or for eventual employment.
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e) Return to Work Committee
Committee Make Up
1- Representative for the employee union! non-union
2- OHS manager
3- Diversity Officer
4- Manager/ Supervisor
5- Human Resources representative.
1) Accommodation Process for EmDlovees
Employees must inform their immediate supervisor/manager and union representative, where
appropriate, of any restrictions that require accommodation.
The process must start as soon as the employee informs the supervisor/manager.
Any accommodation involving medical restrictions for employees should be handled in
consultation with the company physician! WCB to determine the identification as sick leave or
long term disability.
The supervisor/ manager, upon receiving an employee's request for accommodation, must work
with the employee and their union representative, where appropriate. The supervisor/ manager
must try to develop an accommodation plan first. If that plan is accepted by all parties the action
plan must be put into practice. At any point through the process, the OHS Manager should be
notified.
If the supervisor/manager finds the process difficult, they must consult with the Return to Work
Committee.
An employee with a disability placed in a higher or lower graded or rated position pursuant to
this policy will be subj ect to the rates, terms and conditions of the position assumed by that
employee. The employee will have six (6) months to adjust to that salary rate at the start of the
accommodation. Certain collective agreement provisions will impact the guidelines.
g) SteDs for Accommodatinf!
As proof of the final consensus from all parties involved that the accommodation request was
thoroughly considered, the following steps should be undertaken using the Accommodation
Review/ Plan:
l. Determine whether the employee's regular job can be modified.
2. Determine whether positions within the same classification as the employee's regular
position are available to accommodate the employee.
3. Determine whether other positions within the employee's bargaining unit are
available to accommodate the employee.
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4. Determine whether the employee is capable of performing any of the available
positions including jobs outside the bargaining unit.
The ultimate goal is to accommodate in a meaningful position.
h) Difficult Cases/ Accommodation
Following completion of the initial accommodation steps, with consultation within the working
committee it is determined that an accommodation is not possible under the guidelines of Undue
Hardship, the request, details of the judgment and documents must be given to the appropriate
senior lead or the CAO to review as a final process.
i) Accommodation in an Alternate Position
Where an employee requiring accommodation in a position other than their own would be able to
perform that job safely, efficiently and reliably following a reasonable probationary or qualifying
period, they will be offered the position. Barring any exceptional circumstances such as but not
limited to, seniority issues, or critical to municipal needs. Before the offer is made it must go
through the Director of Human Resources for final consultation.
j) Time/ Revaluation
All accommodations must be monitored by the employee's manager/ supervisor. The Return to
Work committee will ensure that the review is completed. The Municipality has the right to
review an accommodation, should there be a change in municipal business needs, or the
employee's medical restrictions or personal circumstances, with consultation with the
employee's union should they be a member.
k) Protection
Respectful Workplace Policy provides that all employees must be managed in a fair and
equitable manner. The fact that an employee is being accommodated does not exempt him or her
from appropriate performance management or discipline.
I) Monitoring Through Documentation
All accommodation plans be documented by all parties involved with the individual
accommodation.
In the case of accommodation during a selection process, the accommodation plan should be
documented by the Human Resources recruiter and the hiring manager.
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m) Appeal Process
Where an employee or applicant believes that his or her request for an accommodation has not
been handled in accordance with this policy, that employee or applicant has the right to appeal to
the appropriate senior level of process.
n) Privacy and Confidentiality
All documents relating to specific requests for accommodation will be kept confidential and will
only be disclosed with the consent of the employee or applicant.
APPROVED BY COUNCIL: December 20, 2011
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Appendix A
Cape Breton Regional Municipality
Return to Work and other Accommodation Review/Plan
Name
Employee #
Position
Location! Department
Name of Supervisor
Telephone #
RETURN TO WORK DATE
WORK RESTRICTIONS:
Summary of Management or Return to Work Committee Review Option 1 (Efforts to
Accommodate Employee in their regular Position)
OPTION 2 (Efforts to accommodate in positions within same classification as their regular
position. Will require senior involvement as well Return to Work Committee)
Cont' d......
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OPTION 3 (Efforts to accommodate employee in other positions within the Bargaining Unit.
This included all geographic areas covered under the bargaining unit. Will require senior
involvement and Return to Work Committee)
OPTION 4 (Efforts to accommodate employee in local positions in other unions/ non-unionized
positions. Require involvement of all appropriate stakeholders)
ACCOMMODATION PLAN DETAILS
Position placed in:
Location
Name of Supervisor:
Telephone #
Accommodation Plan (specify details, dates, etc.)
Rehabilitation! Treatment Plan (Specify type, dates, etc.):
Physician Review Date:
Supervisor Review Date:
Return to Work Committee Review Date:
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MANAGEMENT
DATE
HUMAN RESOURCES MEMBER
DATE
UNION REPRESENTATIVE
DATE
EMPLOYEE
DATE