Contact Us Search: All EPA This Area

• You are here: EPA Home
• Section 508: Accessibility
• Frequent Questions

Frequent Questions

These Q&As are about Section 508. The questions were submitted by EPA staff. The answers were developed by the EPA Section 508 Coordinator and Assistant Coordinator.

If you have other Section 508 questions, contact Amanda Sweda at sweda.amanda@epa.gov or (202) 566-0678.

1. What is the difference between Section 508, Section 504 and providing reasonable accommodations to a person with a disability, and the ADA (Americans with Disabilities Act)? Aren't they the same thing?


2. If I present a seminar and we don't have any deaf or blind employees here in this (federal) office - would I still have to have an ASL interpreter - or print out all the materials in Braille?


3. If an office is webcasting a speech or an address to its staff members, must it be captioned? Or can we inquire about accessibility needs from our staff members and provide those on a case by case basis at the relevant sites of those needing assistance. For example, if a member of our staff is hearing impaired can we provide them with a sign language interpreter as opposed to close captioning the entire one time webcast? If not, are there any other options for 508 compliance regarding live webstreams besides closed captioning?


4. If an office is webcasting a speech or an address to its staff members, must it be captioned? Or can we inquire about accessibility needs from our staff members and provide those on a case by case basis at the relevant sites of those needing assistance. For example, if a member of our staff is hearing impaired can we provide them with a sign language interpreter as opposed to close captioning the entire one time webcast? If not, are there any other options for 508 compliance regarding live webstreams besides closed captioning?


5. Why do we have to buy products that are Section 508 compliant when the products we are buying might be used in the field or in our office when we don't have anybody in our office with a disability?


6. What does the commercial non-availability exception mean and when does it apply?


7. Is a printed copy of an E-mail sufficient for 508 documentation and for exceptions?


8. I heard that servers, laboratory equipment, and scientific workstations are exempt from 508 compliance. Is that correct?


9. Can a generic compliance document be created that addresses Section 508 for different products to be used when it is a burden to find the compliance documentation from the vendor, i.e., a standard desktop keyboard?


10. Can we assume that all purchases made from government contracts such as GSA contracts or EPA BPAs are automatically 508 compliant? If so, may we then presume that no 508-related documentation is required to support such purchases?


11. Do we have to provide the same documentation (i.e., 508 training certification) for every micro-purchase. This seems redundant for micro-purchases and Purchase Card orders.


12. I am looking for documentation that describes a non-E&IT purchase, example: printer cable.


13. What do I do when what I am purchasing involves a "sole source" vendor? For example, I'm purchasing software. The software itself is proprietary and there are no other sources to choose from. What form or justification do I use and who signs off on it for my records?


14. Is there an approved Section 508 list on the EPA intranet for E & IT Purchases or are we suppose to use the GSA Buy Accessible site?


15. How can you tell if a flash drive, external hard drive, floppy disk, and a CD are Section 508 Compliant?


16. Is a cell phone or a digital camera subject to 508?


17. My office needs to buy GPS units for our staff for when they do their work in the field for spills and clean-ups. We know that GPS units fall under the definition of EIT, but there is only one option available that is accessible and it costs more than 5 times the costs of other GPS models. Do we have to buy the accessible one when no one in our office has a disability? What are our options?


18. My office wants to buy an electronic label maker. Would this item fall under 508?


19. Are wireless headsets, including bluetooth technology required to meet the 508 standards?


20. We are renewing a license for a piece of software that we have owned for several years. Would this be applicable under 508?


21. What about Adobe Photoshop and other similar photography related software? This type of software is specifically for editing photographs - a totally visual process. Isn't this impossible to make it 508 compliant.


22. Does a PDF document need to be 508 compliant?

There are several disability laws that cover accessibility for persons with disabilities. And yes, there is some overlap between these laws, but the laws have different scopes and applications.

Section 508 (part of the Rehabilitation Act of 1973, as amended in 1998) mandates that when the federal government procures, creates, uses, and maintains electronic and information technology (EIT) that the EIT must be accessible to persons with disabilities whether they are employees or members of the public.

Section 504 is also a part of the Rehabilitation Act of 1973. Section 504 covers reasonable accommodations for an individual with a disability that is either an applicant or already works for the federal government. "Reasonable accommodation" is the removal of a work place barrier for people with disabilities to allow them the opportunity to apply for employment, perform the essential functions of a job or, to enjoy equal benefits/privileges of employment.

The Americans with Disabilities Act of 1990 (ADA) is a completely separate law from the Rehabilitation Act of 1973. The ADA is a civil rights law for persons with disabilities. The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. The ADA does not apply to Executive agencies or the United States Postal Service, which are addressed under the Rehabilitation Act of 1973.

For more information about disability laws, please refer to the Basic Information page.

Top of page

A: Providing American Sign Language (ASL) interpreters and providing accessible alternative text such as Braille for a participant with a disability at a seminar, presentation, and conferences are "reasonable accommodations" based on an individual's own needs relating to a disability. Interpreters and Braille are not electronic and information technology. Reasonable accommodations are not a part of Section 508. Please refer to the Office of Civil Rights' page on Reasonable Accommodation for further guidance.

However, presentation equipment and other electronic and information technology fall under the provisions of Section 508. The electronic and information technology itself that is used for the conference, registration, and presentations must be 508 compliant if the federal government is the sponsor. When planning a (federal government) seminar or a conference, it is a good idea to state on the announcement or registration that if anyone needs reasonable accommodations for a disability (such as interpreters, accessible formats of presentations, etc.) to contact the appropriate person with the request.

Please refer to the following GSA FAQs pages about further information on presentations as presentation equipment are EIT and need to be compliant with Section 508 standards.

H.7. Presentations

i. Does presentation equipment procured have to meet the Access Board standards?

Yes. Presentation equipment, such as LCD data projectors and laptop computers, are considered EIT and therefore covered by the Access Board's standards, unless an exception applies. If the equipment was procured after June 21, 2001, and an exception does not apply, the action would be enforceable under Section 508(f). See sections G and H for more details.

ii. If an instructor uses slides from presentation software, such as Microsoft PowerPoint or Corel Presentations, which are projected to a live class, do the Access Board standards apply?

Generally, no. However, if the slides contain embedded multimedia elements, such as videos, then the Access Board standards apply to this live presentation. As a reminder, the software used to create and playback the slideshow must meet the requirements of Section 1194.21, software applications and operating systems. Similarly, the projection equipment including the presenter's remote must meet the requirements of Section 1194.25, self contained, closed products.

Regardless of whether the Access Board standards apply, agencies still have obligations to their employees under Sections 501 and 504 of the Rehabilitation Act. As an example of reasonable accommodation, an instructor may have to read the contents of the slides, or audio describe visual elements of the slides to class members with visual disabilities.

Top of page

A: Webcasting is a multimedia production and falls under the purview of Section 508 and needs to be compliant. Captions for audio/visual multimedia are a Section 508 standard.

The following questions and answers prepared by the General Services Administration pertain to multimedia and webcasts, as well as training materials and can also be found on the GSA FAQ pages:

C.6.i. If a Federal agency conducts training and uses multimedia, such as videotapes or computer based training, must the materials developed be accessible under 508?

Yes. Multimedia is considered EIT and, if used by the Federal government, must be accessible unless an exception applies (see sections F and G, below). Section 1194.22 of the Access Board's standards addresses requirements for web-based intranet and internet information and applications. Section 1194.24 addresses video and multimedia products. In addition to the requirements of section 508, agencies also have obligations to their employees under sections 501 and 504 of the Rehabilitation Act.

C.6.ii. If a Federal agency is distributing a television or multimedia production or a web-cast presentation, does it have to be open or closed captioned and audio-described?

Section 1194.24(c) and (d) of the Access Board's standards require that all training or informational video and multimedia productions which support the agency's mission and which have audio information or visual information that is necessary for the comprehension of the content, be captioned or audio described. Hence, if the production is multimedia (e.g. image and sound) and is considered "training or informational," then it must meet the applicable requirements of 1194.24 (c) and (d) of the Access Board's standards. If the production is web-based, regardless of whether it is multimedia, such as a live webcast of a speech, then it must also meet the applicable requirements of 1194.22.

C.8 Are Section 508 access requirements satisfied if the agency provides such access following a request for it, as opposed to in anticipation of a request for access?

No. Unless an exception applies, the requirements of section 1194.24 (c) and (d) of the Access Board's standards are to be met at the time the product is developed or, in the case of a procurement, when the product is delivered (unless an exception applies). For example, the production of a training video, which is covered by the section 508 standards, must include the incorporation of open or closed captioning and audio description during the development phase, not after a request is made for it.

Top of page

A: The federal government is not required to buy assistive technology to put on each federal employee's workstation as per § 1194.3 General exceptions (c). This exception means that the federal government does not have to buy assistive technology for every workstation, such as JAWs and other screen-reader software, TTYs, and other similar products. The federal government is, however, required to buy E&IT that is Section 508 compliant which means that operating systems, software, telecommunications devices, etc. are capable of being made accessible or interacting with assistive technology.

When you are buying EIT, regardless of whether or not the intended person who will use it has a disability or not, the EIT must be Section 508 compliant unless it falls under one of the exceptions.

Furthermore, it cannot be assumed that your office will never employ a person with a disability or that someone on your current staff would never become disabled (permanently or temporarily). Since the federal government is required to procure, create, maintain and use electronic and information technology that is 508 compliant, it is much easier to add the appropriate and needed assistive technology if your office hires an employee with a disability or a current employee becomes disabled.

Top of page

A: It cannot be assumed that your office will never employ a person with a disability or that someone on your current staff would never become disabled (permanently or temporarily). Your office is required by federal law and EPA policy to procure, create, maintain, and use electronic and information technology that meets the technical requirements and is Section 508 compliant unless it meets an exception. Please refer to Question 4 for further explanation.

Top of page

A: The Commercial non-availability exception is only applicable when an agency is procuring EIT in the marketplace and there is no commercial item that meets the 508 standards. If the agency is having EIT developed or created for them, then this exception cannot apply.

The following questions and answers prepared by the General Services Administration pertain to the documentation of non-availability and can also be found on the GSA FAQ pages:

F.1. Under what circumstances may an agency conclude that no EIT is available that meets the Access Board's technical provisions?

An agency may conclude that EIT meeting the applicable technical provisions of the Access Board's standards is not available (and purchase EIT that does not meet those provisions) when it cannot find a commercial item that both meets applicable Access Board's technical provisions and can be furnished in time to satisfy the agency's delivery requirements. If products are available that meet some, but not all, applicable provisions, agencies cannot claim a product as a whole is non-available just because it does not meet all of the applicable provisions. Agency acquisitions must comply with those applicable technical provisions that can be met with supplies or services that are available in the commercial marketplace in time to meet the agency's delivery requirements. Non-availability determinations must be documented (see sections F.2 and F.3, below).

The concept of non-availability is recognized in the Access Board's standards (at 36 CFR 1194.2(b)) and the FAR (at 39.203(c)) because agencies may find that some of their needs cannot be satisfied with EIT that meets all the applicable technical provisions. However, as manufacturer offerings of products that meet the applicable technical provisions increase over time, incidents of non-availability will decrease.

F.2. What should be included in a non-availability determination?

The requiring official must document in writing the non-availability and provide a copy of this documentation to the contracting officer for inclusion in the contract file. FAR 39.203(c)(2) requires that the documentation must include a description of market research performed and identification of the applicable technical provisions that cannot be met with products or services available from the marketplace. Agency procedures (if any) must be followed.

F.3. Who is the "requiring official" who makes the non-availability determination?

The FAR requires that determinations of non-availability be made by requiring activity officials (not contracting officials) unless agencies provide otherwise in their procedures. The requiring official is an official in the program office or organization that is funding and acquiring the EIT. The FAR requires that the documentation of non-availability be included in the contract file.

F.4 If an agency has appropriately determined and documented that commercial items are not available that meet applicable technical provisions, must it also determine that an exception applies?

No. Non-availability is an independent basis for acquiring EIT that does not meet the applicable Access Board's technical provisions. See FAR 39.204(e)(2)(ii). Undue burden documentation would be required if products meeting all (or some) of the standards are commercially available but would create an undue burden on the agency to acquire. (In other words, when a product meeting the standards is commercially available, it is treated no differently than a non-commercial item with respect to application of the undue burden justification.) Agencies should document commercial non-availability in accordance with agency procedures to assist in defending the agency's decision in the event of a complaint. (see section F.2., above).

Top of page

A: Each approving official will need to decide for how he/she would like to provide this documentation for the PR. An e-mail that clearly states the documentation and explanation may be sufficient in some cases but is subject to your approving official's discretion. Some approving officials at EPA use the EIT procurement Checklist (make EIT Checklist a hotlink – currently it is an intranet addresses but make it an Internet address). This checklist was developed in conjunction with approving officials here at EPA, but it is not required by EPA policy. Your approving official may require the use of the checklist.

Please refer to CIO Policy 2130.0 Accessible Electronic and Information Technology (PDF) (6 pp, 116KB) and the accompanying procedure Accessible Electronic and Information Technology Standards, Procedures, and Guidance (PDF) (6pp, 44K) that outlines the approval process:

EPA EIT Approval Procedures

All purchase requests (PRs) for EIT must be:

1. Approved by the requesting office's Senior Information Official (SIO), or Approved by the requesting office's Information Management Officer (IMO), Division Director or Branch Chief if the approving authority for acquisition of EIT resources was re-delegated in accordance with Delegation of Authority 1-84 Information Resources Management, Section 4.c.

2. When EIT to be purchased falls within one of the exceptions outlined in Exceptions, it must be explained in an attachment to the PR.
3. Undue burden and undue burden class determination cannot be approved below the SIO level (Delegation of Authority 1-84 Information Resources Management, Section 4.d. and EPA Undue Burden and Class Undue Burden Procedures).

Top of page

A: Servers, laboratory equipment, and scientific workstations that are electronic and information technology are covered by Section 508. There may be exceptions that apply depending if the servers, equipment, or workstations

• is for a national security system;
• would impose an undue burden on the Agency;
• is acquired by a contractor incidental to a contract;
• is located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment;
• or does not fall under the definition of electronic information technology (embedded software and certain kinds of medical equipment).

Some of this equipment may not fall under Section 508 because it is not considered EIT as defined by Section 508. The definition is as follows: Electronic and information technology includes information technology and any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, or duplication of data or information. The term electronic and information technology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology. (Definition of Electronic and Information Technology)

The definition of EIT in italics above may pertain to certain laboratory and scientific equipment. Please contact the EPA Section 508 Coordinator for assistance if you can not tell if the laboratory or scientific equipment you wish to procure falls under the Section 508 requirements.

Top of page

A: EPA's Section 508 team developed a checklist form and instruction booklet to be used when documenting EIT procurements. The EIT Procurement Checklist was developed with the assistance of the Office of Administration and Resources Management (OARM) and the Office of Research and Development (ORD), but it is not required by EPA policy. (make EIT Checklist a hotlink – currently it is an intranet addresses but make it an Internet address). In addition to using the checklist for documentation, you can attach market research, Web sites, e-mail correspondence with vendors, etc. to demonstrate 508 compliance.

A: The requiring agency (i.e., the agency with the need for EIT) is responsible for ensuring that the acquisition complies with Section 508 (FAR 39.203(b)(3)). This responsibility remains with the requiring agency irrespective of the vehicle used to complete the transaction. Since EPA is the requiring agency, it is responsible and must provide the appropriate documentation. It is important to note that each agency has different requirements and additional specifications for achieving its mission; therefore it cannot be assumed that if one agency says something is 508 compliant that it is compliant for another agency.

Top of page

A: The applicability of Section 508 to micro-purchases is mandated by federal law. These approval procedures cover all EIT purchases that falls under Section 508 provisions even if it is a micro-purchase. Rest of answer to Question 11 (hyperlink to page with the full text of questions and answers and anchors to question)
Please refer to CIO Policy 2130.0 Accessible Electronic and Information Technology (PDF) (6 pp, 116KB) and the accompanying procedure Accessible Electronic and Information Technology Standards, Procedures, and Guidance (PDF) (6pp, 44K) that outlines the approval process:

EPA EIT Approval Procedures
All purchase requests (PRs) for EIT must be:

1. Approved by the requesting office's Senior Information Official (SIO), or Approved by the requesting office's Information Management Officer (IMO), Division Director or Branch Chief if the approving authority for acquisition of EIT resources was re-delegated in accordance with Delegation of Authority 1-84 Information Resources Management, Section 4.c.

2. When EIT to be purchased falls within one of the exceptions outlined in Exceptions, it must be explained in an attachment to the PR.
3. Undue burden and undue burden class determination cannot be approved below the SIO level (Delegation of Authority 1-84 Information Resources Management, Section 4.d. and EPA Undue Burden and Class Undue Burden Procedures).

Top of page

A: Devices such as printer cables, power cords, etc. are items that you are referring to as "non-E&IT" purchases (This is not an official term). If you buy IT items that are not considered EIT covered by Section 508, you do not need to provide documentation for these IT items.

Top of page

A: If it is a sole source acquisition and the E& IT product or service is not 508 compliant then you will need to document the purchase with one of the following exceptions: commercial non-availability (more likely to apply) or fundamental alteration (not as likely). Technical requirements drive the procurement so if you must use a particular software product or service because it is a part of the technical requirements and specifications or it is a sole source vendor, you can still procure the item. The approving official that has authority to approve Section 508 EIT procurements for your office will need to sign off on your documentation since you will likely be using the commercial non-availability exception.

Top of page

A: Neither EPA nor the federal government maintains an approved list of products that are 508 compliant. Some of this information is readily available on the GSA Buy Accessible site. Because Buy Accessible is based on vendor self-representations and isn't inclusive of every 508 compliant product available for purchase, you may need to use other methods of research such as company/product Web sites, catalog information, and customer service phone numbers. One of the reasons the federal government does not maintain a list of 508 compliant electronic and information technology is because each agency has its own technical requirements and specifications.

Top of page

A: Flash cards (also known as a USB flash drive, USB disk drive, and memory stick), external hard drives, blank disks, blank cds, tapes, cables, power cords, Ethernet cards and hubs, switch boxes and video splitters do not fall under Section 508 requirements. The devices interact with the computer or other equipment and are not used for the "creation, conversion, or duplication of data or information" (Definition of Electronic and Information Technology). However, software and the utilities to run these programs and devices need to be accessible and must not interfere with the operation of assistive technology. For example, if you create a CD or plan to use flash cards with information and files on them, then the content, software, utilities, etc. on such devices need to be accessible.

Top of page

A: Yes, both cell phones and digital cameras are considered electronic and information technology, which makes them subject to Section 508.

A thorough evaluation of the products and the technical requirements will determine what Section 508 standards will apply. The AGENCY should procure cell phones and digital cameras that best meet its acquisition requirements.

While a digital camera is definitely electronic and information technology, it is likely that certain aspects of the digital camera would have to undergo a fundamental alteration to meet certain 508 standards. This is due to some of a camera's inherently visual functions. The AGENCY is not required to fundamentally alter its acquisition requirements in order to comply with Section 508 and procure EIT that would no longer meet its needs. Therefore, the AGENCY should procure digital cameras that best meet its acquisition requirements.

Top of page

A: GPS units fall under the definition of EIT. As time and technology progresses, the cost of the accessible GPS units will come down and more accessible GPS units may become available. Regardless of cost, EPA should buy the GPS unit that best meets the technical requirements for this purchase. Your technical requirements may be based on what your staff needs a GPS unit to do in the field. Section 508 standards need to be met when possible. If there is no accessible GPS unit that meets your technical requirement, then you may need to claim a commercial non-availability exception.

Top of page

A: Sometimes determining what falls under the definition of EIT is tricky. You have to consider the actual function of the product and how the user interacts with the product. Being able to plug something in or having a digital display does not automatically mean something is electronic and information technology. What does the product do and how is it used? Does the product use software? How does the person make the label? In the case of an electronic label maker it will depend on the label maker itself. Some label makers have software programs that you load onto your computer. Some label makers make labels by hand by pressing buttons. There is no definitive answer unfortunately.

EIT includes information technology and any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, or duplication of data or information. EIT does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. (Definition of Electronic and Information Technology)

Top of page

A: Wireless headsets, including those using bluetooth technologies are covered under Section 508 because they are considered telecommunications devices and electronic and information technology. Refer to http://www.access-board.gov/sec508/guide/1194.23.htm for information about the telecommunications standards and what they entail. The AGENCY should procure telecommunications devices that best meet its acquisition requirements.

Top of page

A: Yes. Upgrading software is considered maintenance and falls under Section 508. Section 508 of the Rehabilitation Act as amended (29 U.S.C. 794d) mandates the development, procurement, maintenance and use of EIT that is accessible to people with disabilities.

Top of page

A: According to the definition of EIT, Adobe Photoshop falls under the provisions of Section 508. However, in order to comply with the standards, this particular type of software would likely have to undergo a fundamental alteration because of its inherently visual nature. The AGENCY is not required to fundamentally alter its acquisition requirements in order to comply with Section 508 and procure EIT that would no longer meet their needs; therefore, the AGENCY can procure Adobe Photoshop and other similar software if it meets its acquisition requirements. In such cases, the approving official will need to approve and document an EIT purchase that falls under a "fundamental alteration" exception.

Refer to the Section 508 Standards, General Exceptions §1194.3 General Exceptions (e).
This part shall not be construed to require a fundamental alteration in the nature of a product or its components.

Top of page

A: Yes. Please refer to the GSA FAQs pages about PDFs.

C.7. "AGENCY Web sites"

i. Must Portable Document Format (PDF) files that are displayed on a federal Web site meet the Access Board's standards?

Yes. Section 1194.22(m) requires the web page containing a PDF file to include a link to a plug-in that complies with the software requirements of 1194.21(a) through (l). In addition, section 1194.22(a) requires provision of a text equivalent for every non-text element.

A PDF file is a file format created using Adobe Acrobat. Many agencies use PDF files to post documents to their Web site because they create an exact representation of the original document. In order to view a PDF file, a user must use a browser "plug-in." Thus, the agency has two options when addressing PDF content and the Access Board's standards. First, it can ensure that its PDF file is accessible and include a link to a PDF reader that conforms to the software requirements of section 1194.21. Alternatively, if such a plug-in is unavailable, section 1194.22(k) permits the agency to provide a link to a duplicate file that contains the same information in an accessible format.

ii. Can a federal agency provide alternate web pages for users with disabilities to supplement web pages that have innovative features which are inaccessible to assistive technologies?

While the provisions in 36 CFR 1194.22 allow web authors to be creative and innovative in the use of new technologies, section 1194.22(k) requires that a text-only web page be provided only as a method of last resort for bringing a Web site into compliance with the other requirements in 1194.22. This practice is discouraged because it leads to problems of multiple document updating and servicing. (When used, text-only pages must contain equivalent information and functionality as the primary pages and must be updated whenever the primary pages change.)

 

You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.

Top of page

Local Navigation

• Accessibility Home
• Basic Information
• Frequent Questions
• Accessibility Support Services
• 508 Standards
• Assistive Technology
• EIT Tools
• Training
• Glossary
• Related Links

• EPA Home
• Privacy and Security Notice
• Contact Us