HHS Section 508 FAQ
Q: A: What does Section 508 Cover? Almost everything electronic, from a fax machine to a sophisticated payroll management system. There are exceptions, but all EIT is processed using OPDIV 508 procedures and any determined exceptions documented Don’t we have any extra money to deal with this? No. Section 508 is an unfunded mandate. However, the law has been in place since 1998, and detailed regulations and standards since 2001. Also, the HHS Office on Disability is providing training and some technical assistance, along with GSA, the Access Board, and other organizations. Can I claim an Undue Burden? Yes – but you will need to back it up, and there’s a pitfall. The standard for undue burden sounds innocuous – “Significant difficulty or expense” – but don’t be fooled. Case law and administrative rulings are clear: undue burden takes into account your entire program resources, and weighs the increased expense or effort against them to determine if it is “significant”. So if you and your OPDIV head really feel an undue burden is justified -- document, document, document. Also, an undue burden determination does not leave you without 508 responsibilities. You must develop an accommodation plan for providing the information the system provides to persons with disabilities. Q: A: I just want to buy a printer with my procurement card. Do I have to go through the Section 508 procedures? Not today, but you will soon. April 2005, “micropurchases” are no longer exempt from Section 508. What’s “commercially non-available” mean? It means that there is no product that is completely accessible that meets the government need. In this case, you must buy the product that best meets the government requirements - including accessibility. What’s the difference between “fundamental alteration” and “undue burden”? If I have to spend inordinate amounts to make something accessible, it’s both, right? See the question on Undue burden for more on that topic. Fundamental Alteration means that a product has something intrinsic to its basic nature that makes it inaccessible. A good example would be a PDA watch – if you gave it all of the connections and functionality required by the standards, it could no longer fit on your wrist. In this case, you must still require those standards that are technically
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feasible – the watch may speak the information on the screen, for example – but not those that would require a fundamental alteration of the device. Q: I work in Bioterrorism response, and we use a number of systems that access or display classified material. Can I claim a National Security exemption on these systems? Generally, no. National Security refers to the Clinger-Cohen Act, which, to paraphrase, says that only weapons, command and control of armed forces, and cryptographic systems are national security systems. How do I determine which standards apply? If you are having trouble determining applicable provisions, GSA is introducing a tool called the “Section 508 Wizard” which will walk you through the process. The Access Board website at www.access-board.gov also has excellent information, and can provide technical assistance with questions on the standards. My vendor doesn’t understand what I mean by Section 508, or isn’t giving me the answers I need to make a determination. Point them to the GSA’s www.section508.gov, or to www.ittatc.org, an organization developed by the US Department of Education to provide accessibility information to States and Industry. I told my vendor he must “certify” his IT products 508-compliant; she says she can’t. Why? Two reasons, actually. One, there is no official certifying body accepted by GSA, so any certification doesn’t mean anything. Two, the vendor is responsible for making their products conform to the standards. Compliance is the responsibility of the agency deploying the IT – not the vendor! Does this mean I have to test every piece of EIT I buy? Testing should be done by the vendor, reported via the VPAT and verified by the OPDIV (or OS) as meeting their needs. Acceptance is a process of verification and awareness of any accessibility concerns, NOT setting up a Lab to ensure every disability can gain comparable access. This is a requirements review process (again for risk management and compliance purposes) - not a detailed technical evaluation. A "determination and finding" will be made by the OPDIV that, based upon the information gathered, the product procured either meets all applicable 508 provisions, or it fails in identified provisions but is the most accessible product available. What’s a VPAT? The Voluntary Product Accessibility Template – designed by industry to report 508 conformance. See www.section508.gov for more details on VPATs.
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Help! My employee has told me my phone system is not 508-compliant! Don’t panic yet. Contact your EEO office to discuss the issue and possible resolutions. If the system was deployed before 2001, you may only need to provide an accommodation, rather then re-engineer a specific existing system. I need more information. Where can I get it? There are several sources. Check out the information, courses, and FAQ at www.section508.gov. For technical questions on the standards, check out the Access Board at www.access-board.gov. Contact your OPDIV Section 508 Coordinator. If you still need assistance, call the HHS Office on Disability or email questions@hhs508.org.
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