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By Henry Dinsdale and Jeff Goodman Government relations: An important part of employers' human resources strategies. governments have a legislative agenda that includes workplace reforms. While most employers recognize the importance of training, performance management, employee relations, and organization- al development to an effective human resources strategy, not enough employers recognize that government relations — the process of liaising with government and advocating to influence government actions — is an equally important aspect of human resources strategy. For exam- ple, in 2006, when the Ontario govern- ment proposed changes to the human rights system, few employers or employ- ers' associations took the opportunity to participate in the consultation process. The direct access human rights model that was ultimately enacted with virtually no input from the employer community has resulted in an increase in the number of human rights complaints that employ- ers must defend and a corresponding increase in employer legal fees. The Accessibility for Ontarians with F Disabilities Act, which has been quietly in force since 2005, also has the potential to negatively affect employers if they do not participate in the act's implementation. The act is intended to reduce barriers that limit the full participation of people with disabilities in various aspects of society, including employment, through a series of regulatory standards. The first of these regulations, the accessibility standards for customer service, which the government approved in 2008, will come into force for private-sector businesses on Jan. 1, ailing to recognize the impor- tance of government rela- tions can have serious and long-term repercussions for a business, particularly when 2012. This standard requires businesses in the service sector to develop accessibil- ity standards and develop and implement training to reduce barriers faced by cus- tomers with disabilities. Specifically, busi- nesses providing goods or services to the public will be required to provide acces- sibility training to customer services staff and internal decision-makers and develop policies, practices, and procedures gov- erning the provision of goods and services to persons with disabilities. These training requirements do not necessarily present an undue burden on employers. However, the standard also requires businesses to ensure access to facilities for persons with disabilities. For some employers, par- ticularly non-mall retailers, compliance with this standard may require significant investments to upgrade existing facilities to ensure they are accessible. Last fall, the Ontario government released a draft of its next standard, the integrated accessibility regulation, which aims to combine the standards relating to information and communications, employment, and transportation. The proposed regulation requires employ- ers to formalize a proactive approach to recruiting and employing individuals who require accommodation for their disabili- ties. For example, employers would be required to notify successful applicants for employment of accommodation proce- dures and develop individualized accom- modation plans for employees with dis- abilities upon request. Employers would also be required to deliver accessibility awareness training to employees; deliv- er individualized workplace emergency information to employees with disabili- ties; take into account the accommoda- tion needs of employees with disabilities in existing performance management, career development, and redeployment processes; and develop procedures for the return to work of employees who are absent due to a non-workplace injury or illness. Many of the duties set out in the standard are already enshrined in human rights legislation and compliance with the new standard is unlikely to constitute an undue burden on employers. However, unlike human rights laws, under the new proposed standard, employers with 20 or more employees would be required to prove they have implemented the required measures through reporting requirements and employers could face penalties between $500 and $15,000 per day for failure to do so. While the purpose of the act is laud- able, it is important that the cost for ensuring accessibility is not unfairly borne by employers. Fortunately, employers still have time to participate in the development of standards under the act. Employers may submit comments on the proposed integrated accessibility regulation directly to the Accessibility Directorate of Ontario, or through human resources associations and business advocacy organizations, like the Ontario Chamber of Commerce, which are actively involved in advocating for employers on this issue. In either case, employers should act now to ensure that their interests are considered before the regulation is finalized. Employers should also be actively monitoring the agendas of the provincial and federal government to identify other legislation and regulations that may affect their business. When such legislation is identified, employers should identify and take advantage of opportunities to make submissions to government, either directly or indirectly through employer or industry associations, to ensure their interests, ideas, and viewpoints are con- sidered in the legislative process. IH Henry Dinsdale and Jeff Goodman are labour and employment law partners with Heenan Blaikie LLP in Toronto. INHOUSE APRIL 2011 • 7