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OSHA 2205.101

Purpose and scope

12 Questions & Answers

Questions & Answers

Under 2205.101, what is the primary purpose of Part 2205?

Under 2205.101, the primary purpose of Part 2205 is to enforce nondiscrimination on the basis of disability and ensure accessibility of electronic and information technology used by the Commission. This part implements the Rehabilitation Act amendments (section 119 and section 508) to prohibit disability discrimination in programs or activities conducted by the Occupational Safety and Health Review Commission and to require accessibility for the Commission’s electronic and information technology (2205.101).

Under 2205.101, which statutory provisions does Part 2205 put into effect?

Under 2205.101, Part 2205 effectuates section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 and section 508 of the Rehabilitation Act of 1973. Section 119 amended section 504 to prohibit disability discrimination in programs or activities conducted by Executive agencies or the U.S. Postal Service, and section 508 addresses accessibility of electronic and information technology used by the agency (2205.101).

Under 2205.101, to which agency or activities does Part 2205 apply?

Under 2205.101, Part 2205 applies to programs or activities conducted by the Occupational Safety and Health Review Commission and to the Commission’s electronic and information technology. The part implements nondiscrimination and accessibility requirements specifically for the Commission’s programs and E&IT (2205.101).

Under 2205.101, does Part 2205 address discrimination on the basis of disability?

Under 2205.101, yes—Part 2205 addresses discrimination on the basis of disability by implementing the amended section 504 requirements created by section 119, which prohibit disability discrimination in agency programs or activities. The part effectuates those nondiscrimination protections for the Commission (2205.101).

Under 2205.101, does Part 2205 include requirements about electronic and information technology (E&IT)?

Under 2205.101, yes—Part 2205 includes requirements about E&IT by effectuating section 508 of the Rehabilitation Act, which requires that electronic and information technology developed, procured, maintained, or used by the Commission be accessible. This means the Commission’s E&IT must meet accessibility obligations set out under section 508 (2205.101).

Under 2205.101, does the phrase 'programs or activities conducted by the Commission' include services the Commission directly provides?

Under 2205.101, the phrase refers to those programs or activities that the Occupational Safety and Health Review Commission conducts, meaning the nondiscrimination protections and accessibility requirements apply to the Commission’s own services and functions. The part is intended to implement section 504 protections for Commission-conducted programs or activities (2205.101).

Under 2205.101, is the accessibility requirement limited to only new electronic and information technology the Commission creates?

Under 2205.101, the accessibility requirement covers electronic and information technology that is developed, procured, maintained, or used by the Commission—not only new systems. That means accessibility obligations apply across creation, purchase, upkeep, and use of E&IT by the agency (2205.101).

Under 2205.101, does Part 2205 implement accessibility requirements for third-party systems the Commission uses?

Under 2205.101, yes—Part 2205 effectuates section 508 obligations for electronic and information technology that is procured or used by the Commission, which includes third-party systems the Commission acquires or relies on. The part’s scope explicitly covers E&IT developed, procured, maintained, or used by the agency (2205.101).

Under 2205.101, does Part 2205 derive its authority from the Rehabilitation Act?

Under 2205.101, yes—Part 2205 derives its authority from the Rehabilitation Act of 1973 as amended, specifically section 119 (which amended section 504) and section 508, and it uses those statutory provisions to prohibit disability discrimination and require E&IT accessibility for the Commission (2205.101).

Under 2205.101, does the part apply to programs or activities run by agencies other than the Occupational Safety and Health Review Commission?

Under 2205.101, this part specifically effectuates the Rehabilitation Act provisions with respect to programs or activities conducted by the Occupational Safety and Health Review Commission; it does not by itself impose obligations on programs or activities conducted by other agencies. For the Commission’s purposes, the part implements the section 504 and section 508 requirements (2205.101).

Under 2205.101, what does 'effectuate section 508' mean for the Commission’s digital services?

Under 2205.101, to 'effectuate section 508' means the Commission must ensure its electronic and information technology is accessible when developed, procured, maintained, or used—so digital services, websites, and software the Commission relies on must meet the accessibility requirements established by section 508. The part explicitly ties the Commission’s E&IT obligations to section 508 (2205.101).

Under 2205.101, how does section 119 (as effectuated by this part) relate to section 504 of the Rehabilitation Act?

Under 2205.101, section 119 amended section 504 of the Rehabilitation Act to strengthen the prohibition on discrimination on the basis of disability in programs or activities conducted by Executive agencies or the U.S. Postal Service, and Part 2205 implements those nondiscrimination protections for the Occupational Safety and Health Review Commission’s programs and activities. In short, Part 2205 carries out the amended section 504 requirements for the Commission (2205.101).