On 18 July 2024, Federal Law Gazette No. 98/2024 amended the Federal Disability Act and the Disability Employment Act. The amendments include enhanced advisory functions of the Federal Disability Advisory Council, the establishment of new regional offices of the Disability Ombudsman's Office and the creation of a new accessibility officer position for enterprises with more than 400 employees.
As regards accessibility officers, the amendment to the Disability Employment Act is an innovation with specific relevance for employers. Enterprises with more than 400 employees, must appoint an accessibility officer as from 01 January 2025. Several accessibility officers and deputies may be appointed in order to assign different officers to different areas of the enterprise.
Accessibility officers must deal with issues of comprehensive accessibility within the organisation, including reasonable measures to accommodate the needs of employees and external persons. This includes pointing out shortcomings, making suggestions for change, exchanging information with the relevant disabled persons’ representatives and cooperating with those responsible for implementing accessibility, and with experts in disability organisations.
Employers are obliged to involve the accessibility officers in the planning of all relevant measures. In addition to structural measures for accessibility, this also includes other important areas such as information and communication technology, IT equipment, design of the electronic files known as ELAK, information in plain language, guidance systems for the blind, sign language interpreters, etc.
Accessibility officers must be appointed for a period of 5 years. The prerequisite for appointment is that the appointee is a staff member of the enterprise and accepts the appointment. Reappointments are permitted
The accessibility officers’ activities come on top of professional duties and if possible, they should not interfere with business operations. Consideration must be given to the extra workload caused by duties to be fulfilled by accessibility officers. They are entitled to time off required to fulfil their duties as well as for the related training and continuing education while they continue to be paid their salaries. They are under an express duty of confidentiality with regard to all official and trade secrets of which they exclusively become aware in the course of performing their duties. The amendment does not provide for any special protection against dismissal or sanctions for failure to appoint such officers.
The KWR Employment Law Team will be happy to support you in all matters relating to accessibility officers.