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OSHA 2205.102

Application of nondiscrimination rules

12 Questions & Answers

Questions & Answers

Under 2205.102, what programs or activities does this part apply to?

This part applies to every program or activity the agency conducts, plus to the agency’s development, procurement, maintenance, and use of electronic and information technology. See 2205.102 and the overarching Part 2205 for the same scope.

Under 2205.102, does the part apply to agency websites and other public-facing electronic services?

Yes — public-facing websites and electronic services are covered because the part applies to the agency’s development, procurement, maintenance, and use of electronic and information technology. See 2205.102.

Under 2205.102, are internal systems used only by agency staff covered by this part?

Yes — internal systems are covered because the rule explicitly applies to the agency’s development, procurement, maintenance, and use of electronic and information technology, regardless of whether the systems are public-facing or internal. See 2205.102.

Under 2205.102, does the part apply to programs or activities that are not electronic (for example, in-person services or printed materials)?

Yes — the part applies to all programs or activities conducted by the agency, not only electronic ones; the electronic and information technology language is an additional explicit coverage area. See 2205.102.

Under 2205.102, does the part cover legacy electronic systems that are already in use?

Yes — maintenance and use of existing electronic and information technology are explicitly covered, so legacy systems fall within the part’s scope. See 2205.102.

Under 2205.102, does the part apply when the agency contracts with a private vendor to provide electronic services or software?

Yes — when the agency develops, procures, maintains, or uses electronic and information technology through contracts, those activities are covered by the part. See 2205.102.

Under 2205.102, are agency-sponsored training programs covered by this part?

Yes — training programs are agency programs or activities and therefore fall under the part’s coverage. See 2205.102.

Under 2205.102, do the nondiscrimination requirements apply to meetings, conferences, or public events the agency conducts or sponsors?

Yes — meetings, conferences, and public events that the agency conducts or sponsors are agency programs or activities and are covered by the part. See 2205.102.

Under 2205.102, does the part apply to volunteer-run programs that are conducted by the agency or under its control?

Yes — if the program or activity is conducted by the agency or effectively controlled by it, the part applies regardless of whether volunteers operate it. See 2205.102.

Under 2205.102, does the part cover cloud-based services or hosted solutions the agency uses?

Yes — cloud-based and hosted solutions fall under the agency’s procurement, maintenance, and use of electronic and information technology and are therefore covered. See 2205.102.

Under 2205.102, does the part require accessibility considerations during procurement and development of electronic and information technology?

Yes — because the part explicitly applies to the agency’s development and procurement of electronic and information technology, accessibility and nondiscrimination considerations must be applied during those procurement and development activities. See 2205.102 and the broader Part 2205 for context.

Under 2205.102, who is responsible for enforcing these nondiscrimination rules within the scope of this part?

The Occupational Safety and Health Review Commission is the agency whose programs and electronic and information technology are covered by this part, and the part governs enforcement of nondiscrimination in those agency programs and E&IT activities. See Part 2205 and 2205.102.