ACCOMMODATION POLICY AND PROCEDURE
SUBJECT: Accommodation Policy
Approval Date: October 24, 2006
Approved by: Richard Moore, President & CEO
Effective: Immediately
Revised: August 20, 2007
1. POLICY STATEMENT
Halifax Employers Association (HEA) recognizes the diversity of its workforce and is committed to ensuring that all individuals are able to effectively and efficiently use their skills and experience to contribute to the organization’s performance, production and service delivery. This includes the opportunity to participate, without discrimination, in the selection process for applicants.
HEA recognizes its obligations under the Employment Equity Act and the Canadian Human Rights Act, including the planning and implementation of special measures and the accommodation of differences to eliminate barriers to employment by persons with disabilities.
HEA is committed to consider the legitimate accommodation needs of Employees and Applicants for employment and will implement and support appropriate accommodation measures needed to allow individuals to perform their jobs.
HEA will make accommodations to the point of undue hardship, considering the safety sensitive nature of the longshoring industry and the paramountcy of ensuring a safe workplace for all. Health, safety and cost will be considered when assessing undue hardship.
2. DEFINITIONS
The following definitions apply for the purposes of this Policy:
“Applicant for Employment” includes individuals referred by a union for consideration for employment, Trainees, and Trainees on the Dispatch List.
“Disability” means any previous or existing mental or physical disability and includes previous or existing dependence on alcohol or a drug.
“Employee” means union members, and members of the Cardboard (Local 269) and persons on the preferred list (Local 1341).
“Member Companies” means the members of HEA engaged in longshoring.
“Undue Hardship” is based on an individualized assessment of current circumstances that show that a specific reasonable accommodation would cause significant difficulty or expense. An assessment of undue hardship will be based on a number of factors, including, the nature and cost of the accommodation needed; the financial resources of the HEA; the number of persons employed; the effect on expenses and resources; the overall financial resources, size, number of employees, and type and location of facilities of the employer (if the facility involved in the reasonable accommodation is part of a larger entity); the type of operation of the employer, including the structure and functions of the workforce, the geographic separateness, and the administrative or fiscal relationship of the facility involved in making the accommodation to the employer; the impact of the accommodation on the operation of the facility.
“Union” refers to Halifax Longshoreman’s Association, Local 269, Halifax Gear Repair and Maintenance Men, Local 1825, the Halifax Freight and Steamship Checkers Union, Local 1341 and/or the Council of ILA Locals.
3. POLICY OBJECTIVES
The objectives of the Accommodation Policy are to provide a mechanism for reviewing and responding to the legitimate accommodation needs of Employees at or returning to work and Applicants for Employment in the testing process, including implementing appropriate accommodation measures.
4. APPLICATION
This Policy applies to all Employees as defined above and Applicants for Employment.
5. POLICY DIRECTIVES
These are binding policy requirements which must be followed. The directives are detailed, remove discretion and are subject to audit.
(a) If an Employee or Applicant for Employment is unable to do their job because of a disability, the HEA will accommodate that person’s disability to the point of undue hardship.
(b) This duty to accommodate is owed to Employees and Applicants for Employment. It is also a duty that the HEA, Member Companies and Unions must comply with.
(c) Determining an appropriate accommodation will be based on the requirements of individuals and their circumstances.
(d) HEA seeks the participation and cooperation of the affected Employee or Applicant for Employment and the relevant Union in determining any accommodation. Failure to cooperate with the process or to comply with appropriate accommodation may result in discipline up to an including termination in the case of Employees and the removal of Applicants for Employment from the hiring process.
(e) Accommodation is a positive obligation for both the Employee or Applicant for Employment and the HEA. The HEA is not required to accommodate if it can show that providing the accommodation would cause undue hardship to HEA. Health, safety and cost including productivity and the effect that these factors may have on the ability of the member companies to provide the level of service required by their customers are assessed in determining undue hardship.
Before refusing to provide accommodation, HEA will ensure that all effective options to accommodate, short of undue hardship, are considered.
Where a particular means of accommodation is requested and it has been found that it is not the most practical or viable option, every effort will be made to provide alternative accommodation up to the point of undue hardship.
The accompanying procedure document provides guidance on the issues that may be considered in relation to whether or not the provision of a particular accommodation will result in undue hardship. It also sets out the authority delegated to different management levels to approve specific financial or other allocations for accommodation.
6. POLICY GUIDELINES
HEA will ensure that all Employees and Applicants for Employment are made aware of the policy and procedure. In addition, all Applicants for Employment will be provided with information, in an appropriate format, about both this policy and the accompanying procedure document.
A copy of the policy and procedure will be permanently posted in HEA offices and the offices of the Member Employers.
7. ACCOUNTABILITY
The President shall be responsible for ensuring compliance with this policy.
8. EVALUATION
The Employee Relations Consultants of the HEA will monitor all requests for accommodation to ensure the policy and procedure have been correctly implemented.
HEA will keep records of all requests for accommodations as detailed in the procedure document, and provide reports as may be required.
9. REFERENCES
Canadian Human Rights Act, R.S.C. 1985, c. H-6.
Employment Equity Act, S.C. 1995, c. 44.
SUBJECT: Accommodation Procedure
Approval Date: October 24, 2006
Approved by: Richard Moore, President & CEO
Effective by: Immediately
Revised: August 20, 2007
1. Information and Initiating Requests
New Applicant for Employments
The HEA Employee Relations Consultantsshall ensure that all people making enquiries about positions advertised within HEA are provided with information about the accommodation policy and procedure, and advised of the process for requesting accommodation during the initial intake process.
Applicants for Employment who would like to request accommodation in relation to the selection process should be advised to direct the accommodation enquiry as soon as possible to an Employee Relations Consultant. The Applicant for Employment should identify the accommodation required and the reason it is needed.
Existing Employees
Union, Cardboard and preferred list Members wishing accommodation in the workplace shall follow the same procedures outlined below for Applicants for Employment.
The Employee or Applicant for Employment shall complete the Request for Accommodation and/or Removal From Skill Registration form and submit it to the HEA. (The form and a copy of the policy and procedure are can be obtained from the HEA website a www.halifaxemployers.com.)
The Employee Relations Consultants are responsible for ensuring that Part I of the form is completed correctly and signed by the employee or Applicant for Employment and includes a description of how the disability could be accommodated. Confirmation of the presence of the disability and a description of the functional limitations affecting the testing process must be provided by an appropriate practitioner or expert consultant, including a psychologist or a physician. The Applicant for Employment or Employee may request referral to an appropriate practitioner or expert consultant to obtain this information. HEA will assist persons in obtaining referrals when required, but will not pay for such referrals.
A copy of the request form should be forwarded to the Employee Relations Consultant within two working days of the request being made.
At the initial intake stage, HEA will be sensitive to requests that are not framed in the specific language of “workplace accommodation” or “testing accommodation” and to situations where no request is made but a problem is apparent which may require some form of accommodation.
2. Processing Requests
On receiving the request, the Employee Relations Consultant will discuss the accommodation required and identify possible alternatives with the Employee or Applicant for Employment.
TheEmployee Relations Consultant will seek advice from an appropriate practitioner or expert consultant, including testing authorities or test publishers, where there are questions regarding the disability and its impact on the testing process, or where the request will require changes to the testing process or instrument. Such advice should be obtained after notifying the Employee or Applicant for Employment.
HEA reserves the right to appoint an alternate practitioner or expert consultant to interview or test the Employee or Applicant for Employment.
When an Employee or Applicant for Employment has requested accommodation, the Employee Relations Consultant shall, in consultation with the individual:
· discuss the purpose and essential duties of the position(s) sought –Employees and all Applicants for Employment must be able to perform these essential duties;
· determine the precise job-related limitation(s);
· identify potential accommodation and assess the effectiveness each would have in allowing the Applicant for Employment to perform the job optimally; and
· identify any costs, benefits or detriments flowing from
the alternatives.
Appropriate accommodations may include:
· where possible, when overall productivity performance standards or customer service requirements are not unduly affected, modify performance standards on a temporary basis; modify performance standards on a temporary basis;
· providing alternate work where available;
· providing additional training;
· allowing the Applicant for Employment or Employee to
take extra rest periods;
· providing additional equipment such as hearing aids,
reaching devices, ramps;
· reorganization of the workplace to remove physical
barriers;
· provision of counseling through the Employee Assistance
Program.
The above are meant as examples only and as such are not all-inclusive nor required in all cases. Accommodations that modify qualification standards will not be considered.
The Employee Relations Consultant will make a decision concerning the request and, if approved, take the necessary action to ensure that the accommodation is provided.
If the Employee Relations Consultant is unable to approve the request for whatever reason, she or he must advise the Applicant for Employment of this decision and of the right to appeal as set out below.
Where there is a delay caused by implementing the accommodation, the Applicant for Employment shall not be disadvantaged in the selection process. The Applicant for Employment will, within reasonable limits, be given additional time, in most cases equivalent to the delay, to complete the application process.
Parts II and III of the form are for internal use only and are to be completed by the Employee Relations Consultant within five working days of the accommodation request being finalized.
The Employee Relations Consultant has authority to refuse accommodation for reasons other than undue hardship, such as believing there is insufficient evidence that the accommodation is needed or is linked to a protected ground under theCanadian Human Rights Act or Charter. In the event of such a refusal, she or he must advise the Employee or Applicant for Employment immediately of this decision, and of the right to have the decision reviewed in accordance with the Appeal Process set out below.
Where the preferred accommodation is refused, but an alternative is offered, the Employee or Applicant for Employment is to be advised of his or her right to have this decision reviewed in accordance with the Appeal Process set out below.
Where the provision of accommodation raises the reasonable expectation of undue hardship, the employer representative will consult with appropriate individuals prior to making a decision.
With respect to work within the jurisdiction of the Checkers Union or work within the jurisdiction of the Gear Repair and Maintenance Union where skills are not registered, each case will be dealt with on its own merits.
Notwithstanding the foregoing, all of which may be applicable with respect to Employees requesting accommodation, because of the requirement to be registered for specific skills in order to obtain work, the following shall apply in the case of work within the jurisdiction of the Local 269:
1. Employees on a basic work force who are medically unable to perform a certain skill and/or function must submit an accommodation request form as described herein. Furthermore, they shall be required to submit a medical release form and medical documentation in support of their request.
2. Once it is determined that the Employee does in fact require accommodation and is no longer able to perform a certain skill or function the Employee will be accommodated in the following manner:
a. The individual will be temporarily or permanently de-registered from that skill, in accordance with HEA policy, if it is determined he/she has a permanent disability that will prevent him/her from performing that skill in the future.
b. If the individual is able to perform another function or skill within the unit (i.e. crane unit, ro-ro unit, terminal unit, etc.,) with which he/she is ordered then he/she will be assigned to that job and required to perform it.
c. If the individual is unable to perform any function or skill within that unit, he/she will be placed in a higher unit provided he/she is able to perform another function or skill within the next higher unit. The person displaced from the higher unit will take the place of the accommodated employee.
d. If the individual is unable to perform any function or skill in the unit he/she originally fell in or a higher unit, he/she will be left off that order and persons outside the complement will be ordered to meet the requirements. An employee who is skipped as a result of their medical restriction will be offered another position in the next available regular order, if one is available.
e. The inidvidual being accommodated and the person being moved will hold the same number on the list even though he/she may have been moved for accommodation purposes. An employee who is moved off their skill to accommodate the disabled person shall have first right to a work through order (in the terminal unit only) at the end of the period.
3. Regarding Employees who are not on a basic workforce and/or who belong to a gang, each case will be reviewed on its own merit with respect to appropriate accommodation. Employees may be temporarily or permanently de-registered from a skill if they are unable to do the essential duties of that skill.
Pregnant or nursing employees requesting job modification or other accommodation shall be accommodated in accordance with Section 204 of Part III of the Canada Labour Code. In accordance with Section 132 of Part II of the Canada Labour Code, at any stage in her pregnancy, an employee my cease to perform her job if she believes, by reason of her pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or that of the foetus or child.
10. Privacy
The employer representative may request documentation from the Employee or Applicant for Employment to verify the need for accommodation. Information should be limited to facts relevant to identifying the appropriate accommodation. For example, in cases involving accommodation of persons with a disability, Applicants for Employment should provide a description of their functional limitations. Reports from an appropriate practitioner or expert consultant will be treated as strictly confidential and disclosed within HEA on a need-to-know basis only.
11. Undue Hardship
The Employee Relations Consultant will make a decision about the likelihood of undue hardship arising by considering:
1. The nature and cost of the accommodation as assessed in the context of the size and financial situation of the employer as a whole.
2. Safety and/or health risks, if any, and who bears them.
If the Employee or Applicant for Employment disagrees with the decision to refuse the accommodation, she or he may appeal using the procedure set out below.
12. Appeal Process
Where a request for accommodation is refused, or theEmployee orApplicant for Employment believes the request has not been handled in accordance with this policy and these procedures, the Applicant for Employment has a right of appeal to the President and CEO of the HEA.
The Employee or Applicant for Employment must be advised of this right immediately by theEmployee Relations Consultant.
The Employee or Applicant for Employment must advise theEmployee Relations Consultant within five working days if she or he wants the decision reconsidered by the President and CEO. The Applicant for Employment has the right to make written submissions or to speak to the President and CEO about why the request should be approved. The President and CEO will make his/her recommendation within three working days of the appeal.
The Applicant for Employment is to be informed immediately of the decision.
13. Training
All HEA staff with responsibility in the areas of selection or testing will receive specific training on this policy and procedure.
The design, development and conduct of this training will be the responsibility of the President and CEO [through consultation with appropriate individuals] and will include:
· background and rationale (why we have a policy and
procedure);
· diversity awareness (sensitivity to specific issues arising for
particular groups);
· creating a discrimination-free workplace through the use of
analytical tools or “lenses” procedure (how the procedure
works, key questions that will arise, critical time elements);
· roles and responsibilities (who has responsibility for which
aspects of the implementation of the procedure, including
communication of the policy);
· decision-making authority (who has delegated authority to
make decisions);
· due diligence (responding appropriately to needs and ensuring
active consideration);
· sensitivity to requests that are framed in language other than
that of workplace accommodation;
· identification of expertise and resources to assist in identifying
and obtaining appropriate accommodation (both internal and
external to the organization);
· the appeal process (how the process works, rights within the
process);
· reporting (what is required, who is responsible, form of
reporting);
· confidentiality (reminder of rights to protection of personal
information).
A refresher course will be conducted with staff with responsibility in the areas of selection or testing, every two years.
|
