Disability Action Plan Employment Plan for People with a Disability Web Disability Access Plan Related legislation Anti Discrimination Act

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					             Title:


             Policy on Reasonable
             Adjustment for People with a
             Disability
 Version                                     1.2
 TRIM file number                            05/XXXX
 Short description                           A policy on providing an accessible and inclusive
                                             work and study environment for people with a
                                             disability
 Relevant to                                 Academic staff, managers and supervisors, staff and
                                             students who have a temporary or permanent
                                             disability
 Approved by                                 University Council
 Responsible officer                         Manager, Equal Opportunity
 Responsible office                          Division of Human Resources
 Date introduced                             6 March 2003 (EQT 08 – resolution CNL 03/08)
 Date(s) modified                            6 May, 2003
                                             18 November, 2005 (resolution EXE 05/106)
 Next scheduled review date                  November, 2008
 Related University documents                Procedure for Implementing Workplace Adjustments
                                             Disability Action Plan
                                             Employment Plan for People with a Disability
                                             Web Disability Access Plan
 Related legislation                         Anti-Discrimination Act, 1976 (NSW)
                                             Disability Discrimination Act, 1992
                                             Occupational Health and Safety Act, 2000
                                             Privacy and Personal Information Protection Act,
                                             1998 (NSW)
 Key words                                   policy, disability, access, reasonable adjustment,
                                             reasonable accommodation, workplace adjustment,
                                             workplace accommodation




Policy on Reasonable Adjustment for People with a Disability                                Page 1
1.2 – 18 November, 2005
1. PURPOSE

    This policy outlines the University’s commitment to providing an accessible and inclusive
    work and study environment and applying the principle of reasonable adjustment for
    people who have a disability.

2. SCOPE

    This policy applies to staff and students who have a temporary or permanent disability

3. DEFINITIONS

    3.1. Disability - for the purposes of this policy, the definition of disability is that used by
         relevant anti-discrimination legislation. Disability is very broadly defined in the
         legislation and covers physical, sensory, intellectual, psychiatric, neurological and
         learning disabilities. It also covers physical disfigurement as well as serious
         illnesses. A disability may be temporary or permanent, total or partial, lifelong or
         acquired.

    3.2. Reasonable adjustment – Anti-discrimination legislation requires the University to
         make adjustments in the work or study environment to accommodate the needs of
         people with a disability wherever it is necessary, possible and reasonable to do so
         without imposing unjustifiable hardship on the institution.

         For many people who have a disability the physical environment, inaccessible
         equipment or inflexible employment or teaching practices can impose unintended
         barriers to effective participation in work or study. The duty to provide reasonable
         adjustment is a statutory requirement to address this form of discrimination.

         The principle of reasonable adjustment covers the total work/study environment and
         can include:

         (a) modifying premises;

         (b) modifying or providing equipment;

         (c) making changes to job design, work schedules or other work practices in ways
             that do not compromise performance of the essential requirements of the
             position;

         (d) providing training or other assistance;

         (e) providing information in appropriate formats;

         (f) changing course delivery, assessment procedures or examination arrangements
             in ways that do not compromise the requirement to demonstrate essential skills
             or knowledge.


    3.3. Unjustifiable hardship - refers to a defence in law where an organisation may
         claim that to introduce a particular adjustment would impose an unreasonable
         burden upon it. Whether or not a defence of unjustifiable hardship can be sustained
         is determined on a case by case basis, taking into account all the relevant
         circumstances, including:


Policy on Reasonable Adjustment for People with a Disability                        Page 2
1.2 – 18 November, 2005
         (a) the impact of the disability;

         (b) the nature of the benefit or detriment likely to accrue or be suffered by any
             persons concerned as a result of the adjustment being made;

         (c) the cost of making the required adjustment and the financial circumstances of
             the institution.

         Detailed evidence is required to support a claim of unjustifiable hardship.

4. STATEMENT OF COMMITMENT

    4.1. Charles Sturt University is committed to providing an accessible and inclusive work
         and study environment to enable people with a disability to participate fully in all
         aspects of University life.

    4.2. The University embraces the principle of universal design, - that is, embedding in the
         design of products and environments the capacity to cater for a diversity of users.

    4.3. The University also seeks to apply the principle of reasonable adjustment to remove
         barriers to participation in work or study by people with a disability.

    4.4 To give effect to the commitments above, the University will:

        (a) foster a work and study environment free from discrimination or harassment on
            the basis of disability;

        (b) provide training and/or information on disability issues for staff working with
            people with a disability where appropriate;

        (c) apply the principle of reasonable adjustment to facilitate access to work and
            study for people with a disability;

        (d) provide adequate resources to ensure that appropriate equipment and support
            services are available to staff and students with a disability where reasonably
            possible; and

        (e) have due regard for each person’s right to privacy and confidentiality when
            seeking information about their disability for the purpose of making reasonable
            adjustments.




Policy on Reasonable Adjustment for People with a Disability                      Page 3
1.2 – 18 November, 2005
Table of amendments

   Version          Date                      Short description of amendment
   number
 1.1            6/5/2003
 1.2            18/11/2005      Change in formatting.
                                Policy separated into policy and procedure.




Policy on Reasonable Adjustment for People with a Disability                   Page 4
1.2 – 18 November, 2005
            Title:


            Procedure for Implementing
            Workplace Adjustments
 Version                                  1.0
 TRIM file number                         05/XXXX
 Short description                        A procedure for initiating a workplace adjustment to
                                          accommodate a disability.
 Relevant to                              Managers and supervisors, staff who have a
                                          temporary or permanent disability
 Approved by                              Executive Director, Human Resources
 Responsible officer                      Manager, Equal Opportunity
 Responsible office                       Division of Human Resources
 Date introduced                          18 November, 2005
 Date(s) modified
 Next scheduled review date               November, 2008
 Related University documents             Employment Plan for People with a Disability
                                          Policy on Reasonable Adjustment for People with a
                                          Disability
 Related legislation                      Anti-Discrimination Act, 1992
                                          Disability Discrimination Act, 1992
                                          Occupational Health & Safety Act, 2000
                                          Privacy and Personal Information Protection Act,
                                          1998 (NSW)
 Key words                                procedure, disability, access, reasonable
                                          adjustment, reasonable accommodation, workplace
                                          adjustment, workplace accommodation




Procedure for Implementing Workplace Adjustments                                                 1
1.0 – 18 November, 2005
1. PURPOSE

    This procedure describes how to request and implement a workplace adjustment to
    accommodate a disability.

2. SCOPE

    This procedure applies to staff members who have a temporary or permanent disability
    that may impact on the accessibility of the work environment.

3. DEFINITIONS

    3.1.    Disability - for the purposes of this procedure, the definition of disability is that
            used by relevant anti-discrimination legislation. Disability is very broadly defined
            in the legislation and covers physical, sensory, intellectual, psychiatric,
            neurological and learning disabilities. It also covers physical disfigurement as
            well as serious illnesses. A disability may be temporary or permanent, total or
            partial, lifelong or acquired.

    3.2.    Reasonable adjustment - refers to the administrative, environmental or
            procedural alterations that are required to enable a person with a disability to
            work effectively and enjoy equal opportunities with others.

4. THE APPLICATION OF WORKPLACE ADJUSTMENT

    4.1.    Workplace adjustments are changes introduced into the workplace that take
            account of a person’s disability so that they can use their skills effectively and
            access the same benefits, terms or conditions of employment as other
            employees.

    4.2.    The requirement to provide adjustment for people with a disability applies to all
            areas of employment, including:

            (a) recruitment, selection and appointment;

            (b) training and career development;

            (c) performance management; and

            (d) promotion, transfer or any other employment benefit.

    4.3.    Adjustments may include:

             (a) provision of appropriate equipment or assistance to ensure there is no barrier
                 in the selection process;

             (b) job redesign;

             (c) changes to work practices;

             (d) training or retraining;

             (e) providing essential information in suitable formats;



Procedure for Implementing Workplace Adjustments                                         2
1.0 – 18 November, 2005
             (f) modifications to equipment or the supply of specialised equipment, furniture
                 or work related aids;

             (g) flexible work arrangements; or

             (h) alterations to premises or work areas.

    4.4.    Adjustments may be permanent or temporary depending on the nature of the
            disability and the needs of the individual. The level and nature of the adjustment
            may also change over time. Workplace adjustments may be required in the
            following situations:

            (a) a work-related injury or illness of a temporary or permanent nature;

            (b) an acquired condition or disability, whether temporary or permanent;

            (c) an established condition or disability.

    4.5.    These procedures apply to the management of workplace adjustments for
            categories 4.4 (b) and 4.4 (c). Compensable injuries are dealt with separately
            under the University’s Rehabilitation Policy.

5. MAKING A REQUEST FOR WORKPLACE ADJUSTMENT

    5.1.    A request for workplace adjustment may be made by a staff member (or potential
            staff member) or their supervisor.

            5.1.1   A request from an existing member of staff would normally be made
                    through their supervisor. Alternatively, a staff member may prefer to seek
                    advice or discuss workplace adjustment issues initially with a staff
                    member from the Division of Human Resources - such as injury
                    management or equal opportunity staff.

            5.1.2   A request for workplace adjustment from a potential staff member would
                    normally be made through a recruitment officer.

    5.2.    Requests for workplace adjustment will be referred for assessment to an officer in
            the Division of Human Resources responsible for administering workplace
            adjustment on the campus. Human Resources officers with this responsibility
            include:

                Albury-Wodonga Campus
                (As for Wagga Wagga)

                Bathurst Campus (includes Manly and Orange)
                Human Resources Officer (EH&S), Bathurst

                Dubbo Campus
                (as for Bathurst)

                Wagga Wagga Campus (includes Goulburn and Canberra)
                Human Resources Officer (Injury Management)




Procedure for Implementing Workplace Adjustments                                       3
1.0 – 18 November, 2005
6. DISCLOSURE OF DISABILITY

    6.1.    A staff member or potential staff member has no obligation to disclose a disability
            unless it is likely to affect their ability to perform the essential duties of the
            position.

    6.2.    If a staff member or potential staff member with a disability requires workplace
            adjustment, there is a requirement to disclose their disability to the HR officer
            responsible for administering the adjustment.

    6.3.    Depending on the disability and the nature of the adjustment requested, the staff
            member may also be required to provide documentary evidence about the
            disability and the functional limitations it involves. This evidence may be obtained
            from a medical practitioner, psychologist or other relevant professional.

    6.4.    The University may refer the staff member to a medical practitioner, psychologist
            or other relevant professional of its choosing for assessment of the staff
            member’s disability and to recommend the adjustments required in the
            workplace.

    6.5.    At all times the officer(s) responsible for administering the adjustment will respect
            the privacy of the staff member.

            6.5.1   Information about the staff member’s disability will only be sought in so far
                    as it relates to the request for adjustment.

            6.5.2   Information about the disability will only be disclosed to a third party with
                    the consent of the staff member. However, in order to introduce an
                    adjustment into the workplace, it may be necessary for information about
                    the disability or condition in relation to the adjustment to be disclosed to
                    the appropriate supervisor.

7. ASSESSMENT

    7.1.    On receipt of a referral, the HR officer will consult with the staff member on the
            following matters:

            (e) the nature, severity and duration of the disability, injury or illness;

            (f) the functional limitations placed on the staff member by the disability or
                condition;

            (g) whether the disability or condition is likely to change over time and may
                require review;

            (h) what specific adjustments, if any, have been suggested by the staff member;

            (i) whether further specialist evaluation is required to identify and implement
                appropriate adjustments.

    7.2.    The HR officer will open a confidential workplace adjustment file to record the
            information outlined above. The workplace adjustment file will be kept separate
            from the staff member’s personnel records and will only be accessible to the staff
            member and HR officer(s) involved in the adjustment process.


Procedure for Implementing Workplace Adjustments                                          4
1.0 – 18 November, 2005
    7.3.    Where further evaluation is required, the HR officer will source additional
            information from, and liaise with, the following (as appropriate, and with the
            consent of the staff member):

            (a) a medical practitioner;

            (b) an occupational therapist or other allied health provider;

            (c) a disability service provider.

    7.4.    The adjustment required will be determined on the basis of the particular needs
            of the staff member. In establishing the suitability of an adjustment, the HR
            officer will also consult with the staff member’s supervisor and may seek advice
            from the Manager, Equal Opportunity.

8. ADMINISTRATION OF WORK RELATED ADJUSTMENTS

    8.1.    Once an assessment has been made, the HR officer will discuss the
            implementation of the adjustment(s) with the supervisor and the staff member.
            The supervisor will be accountable for implementing the adjustment in the
            workplace.

    8.2.    Where the adjustment involves rehabilitation due to an extended absence from
            work, the HR officer, in conjunction with the supervisor, will design an appropriate
            return to work plan which will be administered under normal case management
            guidelines.

    8.3.    The HR officer will process requests for reimbursement of costs (as detailed in
            the section below). Documentation related to cumulative expenditure and
            reimbursements should be retained on the workplace adjustment file.

    8.4.    Where alterations are required to buildings or facilities, the relevant Faculty,
            School or Division will negotiate with the Division of University Properties to carry
            out the alterations. A record of alterations or plans in progress should be
            forwarded to the Division of Human Resources to be held on the workplace
            adjustment file.

    8.5.    Where a concern is raised about the reasonableness of an adjustment, the
            matter should be referred to the Executive Director, Human Resources. The
            Executive Director, Human Resources will consult with the Manager, Equal
            Opportunity before making a determination.

9. COSTS

    9.1.    The costs of implementing workplace adjustment (ie further medical or other
            allied health evaluation/advice, provision of specialised equipment or individual
            workplace modifications) will be funded as follows:

            (a) costs for specialised equipment; assessment or other support services, will be
                reimbursed from central CSU funds provided a claim is made through the
                Division of Human Resources (a Reimbursement for Costs of Workplace
                Adjustment form must be completed);

            (b) claims or adjustments involving alterations to buildings or facilities will be
                funded by the Division of University Properties.

Procedure for Implementing Workplace Adjustments                                        5
1.0 – 18 November, 2005
    9.2.    The University will not fund the cost of personal aids that are required by the staff
            member for private purposes, nor will it pay the cost of treatment for a temporary
            or permanent condition or disability.

10. MONITORING

    10.1.   The HR officer will follow up with the employee and supervisor at approximately
            one (1) month from the date the adjustment process was concluded. The results
            of this action should be documented in the workplace adjustment file.

    10.2.   If no further follow-up or monitoring is required, the HR officer will close the
            workplace adjustment file, which will be stored in the campus Human Resources
            Office. Otherwise the situation will be monitored according to an appropriate
            schedule.

    10.3.   The Manager, Equal Opportunity has responsibility for evaluating, monitoring and
            reporting on the workplace adjustment process, and consulting with other
            members of the Workplace Adjustment Team on any recommended changes.

11. APPEALS

    11.1.   Staff members who believe that they have been treated unfairly under these
            procedures should use the University Grievance Procedures to seek resolution of
            their complaint.

    11.2.   Staff members also have the right to contact the NSW Anti-Discrimination Board
            or the Human Rights and Equal Opportunity Commission to address a complaint
            of disability discrimination.


Table of amendments

     Version number                Date            Short description of amendment




Procedure for Implementing Workplace Adjustments                                        6
1.0 – 18 November, 2005

				
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