Building Management and Safety and Health

DLMS 3-200: Building and Facilities Accessibility

• 200 – DOL Program for Ensuring that Buildings & Facilities are Accessible to & Usable by Individuals with Disabilities
• 201 – Purpose
• 202 – Scope
• 203 – Background
• 204 – Authority, Policy, and Responsibilities
• 205 – Accessibility Compliance System Overview
• 206 – Timeliness

200 DOL Program for Ensuring that Buildings & Facilities are Accessible to & Usable by Individuals with Disabilities

201 Purpose

This DLMS chapter describes the Department of Labor's (Department or DOL) program for ensuring that buildings and facilities, and elements within those buildings and facilities, are accessible to, and usable by, individuals with disabilities. The Department is committed to the accessibility of its buildings and facilities in line with the requirements of the Architectural Barriers Act (ABA), the Rehabilitation Act, and the Americans with Disabilities Act (ADA).  As a model employer, the Department promotes equal access, full integration, and equal opportunity for individuals with disabilities to employment, programs, services, and activities offered by the Department within its buildings and facilities.  Thus, the Department will comply with enhanced requirements to achieve this purpose, including prioritizing the removal of architectural barriers where it is readily achievable to do so consistent with similar federal statutes.  For example, Title III of the ADA, which prohibits discrimination in places of public accommodation, requires the removal of architectural barriers that are structural in nature, where it is readily achievable to do so.⁽¹⁾  The term “readily achievable” is defined as “easily accomplishable and able to be carried out without much difficulty or expense.”⁽²⁾ Although not subject to Title III of the ADA, the Department voluntarily adopts this standard, whenever resources allow, as part of its policies for existing buildings and facilities that are subject to this chapter of the DLMS but that are not otherwise covered by the ABA’s requirements with respect to alterations and new construction, and where the Rehabilitation Act’s requirement of program accessibility has not, or does not, result in the removal of particular architectural barriers.

This DLMS chapter specifies accessibility requirements and/or criteria that, as a minimum, must be met; highlights the Department's policy and commitment to an environment free of architectural barriers; assigns responsibilities for meeting and overseeing compliance with these accessibility requirements; establishes the procedures, processes, and related DOL interagency working relationships necessary for the efficient and effective operation of this system; and provides an overview of system components. The requirements of this DLMS chapter shall be effective 30 days after issuance.  This DLMS chapter is also intended to supersede the 1983 Memorandum of Agreement between the Department and the United States Architectural and Transportation Barriers Compliance Board (Access Board) (48 Fed. Reg. 23329-01 (May 24, 1983)).  In conjunction with the issuance of this DLMS chapter, the Department shall provide the 30-day advance notice to the Access Board as required by 48 Fed. Reg. 23329-01.

202 Scope

The provisions of this DLMS chapter apply to all departmental organizational components that: (1) own, operate, or control buildings, structures, or facilities designed, constructed, acquired, or altered with federal funds; (2) have program authority to finance (in whole or in part), design, construct, alter, or acquire buildings or facilities and the authorizing statute does not prohibit the imposition of design or construction terms; and/or (3) lease space directly, or through the General Services Administration (GSA) or a similar entity or through a similar process, or occupy (as a tenant or lessee) such leased or provided space. Space referred to in this DLMS chapter also includes related structures, such as parking garages that the Department owns, controls, leases, or contracts with another entity to operate. The provisions apply where DOL is responsible for ensuring accessibility pursuant to the statutes and requirements outlined in this DLMS.

203 Background

1. The ABA, 42 U.S.C. §§ 4151 et seq., requires that any building or facility which is (1) designed, constructed, or altered with federal funds, leased by federal agencies, or financed with federal funds, and (2) intended for use by the public, or which may result in employment or residence therein of persons with disabilities, be designed, constructed, and altered in accordance with standards prescribed by the ABA to ensure that such buildings are fully accessible to and usable by individuals with disabilities. The Access Board⁽³⁾ develops and maintains minimum guidelines that serve as the basis for the standards used to enforce the ABA.⁽⁴⁾  The ABA authorizes the Administrator of General Services to prescribe standards based on these guidelines for the design, construction, and alteration of buildings and facilities under the ABA.  In 2006, GSA adopted the Architectural Barriers Act Accessibility Standards (ABAAS) to fulfill this purpose. The Access Board has the authority to enforce the standards under the ABA, and to ensure that any modifications of the ABA standards are based on findings of fact and not inconsistent with the Access Board’s accessibility goals outlined in 29 U.S.C. § 792(b).   
2. In addition to the ABAAS, the Public Buildings Amendments of 1988, 40 U.S.C. § 3312, requires that each building constructed or altered by GSA or any other federal agency must, to the maximum extent feasible, comply with one of the nationally recognized model building codes and with other applicable nationally recognized codes.  These standards include the Facilities Standards for the Public Building Service, which contains a specific requirement regarding accessible public entrances equipped with automatic and power-assisted doors.

3. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, prohibits the exclusion of individuals with disabilities from any program or activity conducted by an Executive Agency:

   No otherwise qualified individual with a disability in the United States … shall, solely by reason of … disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive Agency or by the United States Postal Service.

   Additional requirements under Section 504 can be found under the Department’s implementing regulations at 29 C.F.R. Part 33.

204 Authority, Policy, and Responsibilities

1. Authority. This DLMS chapter is issued pursuant to Secretary's Order 03-2018, the ABA, 42 U.S.C. § 4151 et seq., Section 502 of the Rehabilitation Act of 1973, 29 U.S.C. § 792, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and DOL’s implementing regulations at 29 C.F.R. Part 33. The ABA requires that certain buildings and facilities designed, constructed, altered, leased, or acquired with federal funds be accessible to and usable by individuals with disabilities consistent with ABA Accessibility Standards.  Section 502 established the Access Board and authorizes the Board to establish and maintain minimum guidelines and requirements for the standards issued pursuant to the ABA.  These minimum guidelines and requirements are the basis for the ABA Accessibility Standards that have been adopted by GSA pursuant to the ABA.  In addition, Section 504 of the Rehabilitation Act of 1973 and DOL’s implementing regulations prohibit the exclusion of qualified individuals with disabilities from participation in, denial of benefits of, or discrimination under any program or activity conducted by the Department.  See 29 C.F.R. § 33.6 -- 10.
2. Policy. The policy of the Department is to promote the accessibility of structures, buildings, and facilities for individuals with disabilities and to ensure that buildings and facilities designed, constructed, leased, altered, or acquired by (or for) DOL fully comply with statutory and regulatory provisions which require the elimination of architectural, transportation, and communication barriers in covered structures. In addition, the Department's commitment to accessibility and to nondiscrimination on the basis of disability is well documented in its regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended, which require DOL funded programs as well as programs and activities conducted by the Department to be accessible to individuals with disabilities.  Ultimately, then, buildings and facilities should be accessible to, and useable by, individuals with disabilities. This includes, consistent with the above goals, that the buildings and facilities comply with the following requirements, as well as any other applicable requirements:
   1. Buildings and facilities designed, financed, built (constructed), or altered with federal funds or leased by the Department after August 12, 1968 are required to be accessible to individuals with disabilities.  As used here, the term “accessible” means in compliance with the relevant standards under the ABA, 42 U.S.C. §4151 et seq., as promulgated by the Access Board and GSA.
   2. Each building (or facility) or part of a building (or facility) that is constructed or altered after May 11, 1987, on behalf of, or for the use of the Department, is required to have been designed, constructed, or altered so as to be readily accessible to and useable by individuals with disabilities in accordance with the requirements of the Uniform Federal Accessibility Standards (UFAS) adopted by GSA applicable at the time⁽⁵⁾ or the successor accessibility standards adopted and/or utilized by GSA or similar entity in accordance with statute or regulation.
   3. For every building or facility that is owned, leased, or otherwise utilized by the Department, regardless of whether such building or facility is subject to the obligations of Sections 204(B)(1) or 204(B)(2) of this DLMS, DOL also has an ongoing obligation to remove architectural barriers where it is readily achievable to do so.  As used here, the term “readily achievable” means easily accomplishable and able to be carried out when DOL has authority and responsibility over the area where the barrier occurs and can accomplish the project without much difficulty or expense, in light of (1) the nature and cost of the action, and (2) the overall financial resources of the site or sites involved in the action.  In addition, any legitimate safety requirements that are necessary for safe operation may be considered and may require additional reasonable modifications in order to effectuate barrier removal.
   4. The Public Buildings Amendments of 1988, 40 U.S.C. § 3312, requires that each building constructed or altered by GSA or any other federal agency must, to the maximum extent feasible, comply with one of the nationally recognized model building codes and with other applicable nationally recognized codes.  These standards include the Facilities Standards for the Public Buildings Service, which contain a specific requirement regarding accessible public entrances.  All public entrances provided in accordance with Paragraph F206.4.1 (Public Entrances) of the ABAAS must have at least one entrance door complying with Section 404.3 (Automatic and Power-Assisted Doors and Gates) of the ABAAS. Where an accessible public entrance has a vestibule with exterior and interior entrance doors, at least one exterior door and one interior door must comply with Section 404.3.⁽⁶⁾
3. Responsibilities
   1. The Assistant Secretary for Administration and Management is delegated authority and assigned responsibility for developing policy (including guidance and directives, as appropriate), and assisting in coordinating investigative and enforcement activities of component offices and administrations of the Department in order to effect compliance with the policies and requirements in Section 204(B) of this DLMS.
   2. The Deputy Assistant Secretary for Operations, serving as the Department's Accessibility Compliance Officer (ACO), is responsible for developing, implementing, and operating a DOL accessibility compliance system capable of ensuring that the responsibilities detailed in Section 204(B) of this DLMS are adhered to and are fully and effectively carried out.
   3. The Assistant Secretaries for DOL land-holding agencies are delegated authority and assigned responsibility, in accordance with the policies and standards established by the Assistant Secretary for Administration and Management, for monitoring, investigating, and enforcing the laws referred to in Section 204(B) of this DLMS with respect to buildings and facilities financed in whole or in part by the land-holding agency.
   4. The Solicitor of Labor is responsible for providing legal advice and assistance to DOL officials and representing them in legal proceedings, as appropriate.
   5. The Director, Civil Rights Center, Office of the Assistant Secretary for Administration and Management (OASAM), is responsible for recommending policy, developing and implementing operational procedures, coordinating the investigative and enforcement activities of other component offices and administrations of DOL, and carrying out, on behalf of the Assistant Secretary for Administration and Management, the responsibilities set forth in Section 204(B) of this DLMS above, for purposes of:
      1. Instituting a clearly defined department-wide system of compliance which meets the needs of the Department while also meeting the requirements and objectives of the ABA and the ABA Accessibility Standards and any successor accessibility standards; Section 504 of the Rehabilitation Act of 1973, as amended, and its implementing regulations at 29 CFR Part 33; the readily achievable standard for existing buildings and facilities; Section 204(B) of this DLMS; and any other applicable standards, such as those under the Public Buildings Amendments Act of 1988 as specified in Section 204(B(4) of this DLMS.
      2. Requiring from each recipient of DOL financial assistance (with regard to buildings for which the construction or alteration is paid with federal funds), a clear commitment to prevent, eliminate, or remove physical barriers consistent with this DLMS chapter.
      3. Monitoring progress in preventing or removing barriers in covered structures occupied by the Department, or constructed or acquired with DOL financial assistance when DOL has the authority and responsibility to take such action.
      4. Developing a system of tracking and resolving complaints.
      5. Conducting compliance reviews and investigating complaints, as necessary, in order to achieve the purposes and policy goals of this DLMS chapter.
      6. Maintaining an effective system of communication and information exchange among DOL agencies, to ensure uniformity and effectiveness of the enforcement program (the information exchange shall include but not be limited to standards, coverage, and complaint procedures).
      7. Coordinating program activities and recommending changes as needed.
      8. Working with DOL agencies to help them understand their responsibilities for complying with the accessibility requirements in this DLMS chapter.
   6. DOL Agency Heads are responsible for:
      1. Designating an Agency Accessibility Compliance Officer if the agency owns property.
      2. Promoting through subordinate agency channels the policy set forth in this DLMS chapter.
      3. Ensuring that all compliance system elements are implemented in accordance with the policies established by Section 204(B) of this DLMS chapter.
   7. The Office of Field Operations-OASAM is responsible for:
      1. Implementing and maintaining the policy and requirements set forth in this DLMS chapter outside the National Capital Region.
      2. Ensuring that all newly acquired buildings and facilities are accessible to, and usable by, individuals with disabilities. This should include, but not be limited to, the preparation of detailed space requests which clearly specify that acquired space be in compliance with the requirements and current architectural standards of the ABA, Section 504 of the Rehabilitation Act of 1973 as amended, the Department’s implementing regulations at 29 C.F.R. § 33.10, and any other applicable statutes, regulations, or standards affecting accessibility for individuals with disabilities, and participation in pre-occupancy inspections.  In addition, any remaining barriers that would require removal under the readily achievable standard must be removed or corrected prior to building and facility occupancy.
      3. Conducting periodic accessibility inspections in existing buildings and facilities in order to determine compliance with the readily achievable standard under paragraph 204(B)(3), as well as compliance with the ABA, Section 504 of the Rehabilitation Act of 1973 as amended, the Public Buildings Amendments of 1988, and their applicable architectural standards and requirements.
      4. Ensuring that complaints alleging noncompliance with applicable accessibility standards are resolved according to the standards in a timely and effective manner, or are referred to the Civil Rights Center for investigation and resolution.
      5. Coordinating the development of corrective action plans required to bring non-complying building features into compliance with provisions of applicable accessibility standards in a timely manner, including the responsibilities noted in Section 205(A)(2)(d) of this DLMS chapter.

205 Accessibility Compliance System Overview

1. Subsystems. The DOL accessibility compliance system utilizes a two-pronged approach (one prospective, one retrospective in nature) to ensure that all covered buildings and facilities are in compliance with the applicable accessibility standards.
   1. New Building Compliance.
      1. All new space used or acquired by the Department, whether by construction, acquisition, lease, or alteration, must be in compliance with the applicable accessibility standard(s) and requirements before it becomes part of DOL's inventory. This requires that policies, procedures, and processes governing DOL's use or acquisition of new space support this goal and be adapted as necessary to ensure the requisite compliance.
      2. It is the responsibility of the Department's land-holding agencies to specify the design, construction, and leasing activities necessary to ensure that newly constructed, altered, and leased space is in compliance with appropriate standards for accessibility for individuals with disabilities before it becomes a part of the Department's inventory or responsibility.
   2. Existing Building Compliance.
      1. The Department’s existing inventory of covered buildings and facilities must be in compliance with the applicable accessibility standards, and must be accessible to, and usable by, individuals with disabilities in a manner that provides universal accessibility to the greatest extent possible.  The Department will comply with the legally required accessibility standards at a minimum when altering spaces within facilities.
      2. In the event that an existing building or facility is not in compliance with the applicable accessibility standards, then the deficiency must be corrected as expeditiously as possible, either by achieving compliance or in the case of substantial noncompliance, locating alternative space that does comply with the applicable accessibility standards.
      3. In addition, as specified in Section 204(B)(3) of this DLMS chapter, the Department has an ongoing obligation to remove, or to ensure the removal of, architectural barriers where it is readily achievable to do so, in every building or facility that is owned, leased, or otherwise utilized by the Department when DOL has authority and responsibility  over the area where the barrier occurs and can accomplish such removal, given resource or leasing constraints.
      4. Initial Process to Mitigate Specific Accessibility Issues in Existing Buildings and Facilities.
         1. Space that is Department-owned or under Department direct control:  For Department-owned buildings and facilities and for buildings and facilities where the Department has direct control of leased space or by delegation authority over the leased space, the review of the building or facility for accessibility compliance and legally required corrective actions are under the responsibility and control of the appropriate Department agency, (e.g., the Employment and Training Administration (ETA)/Office of Job Corps for Job Corps Centers; the Mine Safety and Health Administration (MSHA) for MSHA-owned facilities; OASAM, with review and approval by GSA, for the Frances Perkins Building).  ETA/Job Corps and MSHA are responsible for reviewing and determining (in conformance with the requirements of this DLMS chapter), subject to other contractual obligations, the corrective/mitigation actions at their facilities.  For the Frances Perkins Building, OASAM has the responsibility for corrective/mitigation actions consistent with the building delegation from GSA, subject to GSA’s review and approval.  For corrective/mitigation actions outside the Department’s responsibility under such a delegation, GSA has presumptive responsibility for the correction/mitigation.
         2. Space acquired from GSA:  GSA is frequently the responsible landholder or lessee to either directly correct/mitigate the accessibility concern or to initiate action to have the lessor correct/mitigate the accessibility concern.  For buildings and facilities (or space within those buildings and facilities) that have been acquired by the Department from GSA through an Occupancy Agreement, the Department, in general, has limited capabilities to immediately effect direct resolution of accessibility modifications to the building, facility, or space.  Rather, requests for modifications to such a building or facility’s physical structure should be initially requested by OASAM’s Office of Field Operations through the appropriate GSA building manager. OASAM will assist in determining who controls and/or who can facilitate accessibility modifications within DOL workspaces. Department agencies may be required to fully or partially fund the work required to address the accessibility issues within their buildings, facilities, or space, and may need to submit a Reimbursable Work Authorization to GSA for the work. For all necessary action concerning accessibility, the appropriate Departmental entity must engage GSA expeditiously and in writing and monitor GSA’s progress effectively until resolution.  Additionally, Department agencies may work with their agency Workplace Employee Services representative to assess effective individual reasonable accommodations or interim solutions while accessibility concerns are being mitigated.
2. Compliance Plan
   1. Inventory of Buildings and Facilities. Each land-holding agency should (if not already in place) develop a comprehensive inventory that lists all the buildings and facilities in the agency's inventory together with the data elements needed (e.g., date of construction; acquisition or lease; date and specifics of alterations or renovations) to determine the applicable accessibility standards under Section 204(B) of this DLMS chapter. With respect to leased spaces, this information should be determined and retained in a similar fashion, to the extent that it is possible to do so.
   2. Building Accessibility Evaluation and Compliance Monitoring System
      1. An evaluation of whether an existing building is fully in compliance with the applicable accessibility standards (including the readily achievable standard) must be completed within two years of the effective date of this section by the land-holding agency (or alternatively, and as appropriate, the agency that is utilizing or occupying the space), and then no less often than every two years afterward.  Evaluations must be in writing and submitted to the Department's Accessibility Compliance Officer (ACO).  In the event of modifications or alterations to the space, an evaluation must be performed both prior to, and upon completion of, the modifications or alterations, in order to ensure its compliance with the applicable standards.
      2. In addition, the land-holding agency shall be responsible for ongoing accessibility compliance monitoring.  Accessibility compliance monitoring will focus on the accessibility of common building features which impact the ability of a person with a disability to gain entrance to and use buildings and facilities in a fully accessible and integrated manner.
      3. Building or facility features which will be addressed by the accessibility compliance monitoring include, but are not limited to:
         1. Entrances
         2. Parking and Passenger loading Zones
         3. Accessible Routes
         4. Ground and floor surfaces
         5. Ramps - curb cuts
         6. Stairs and handrails
         7. Elevators and Platform lifts
         8. Toilet rooms, stalls, water closets, urinals, mirrors, and sinks
         9. Signs, tactile warnings, and alarms
         10. Doors and Windows
         11. Telephones
         12. Drinking fountains
         13. Controls and operating mechanisms
   3. Field Surveys and Inspections.  The Department's Accessibility Compliance Officer (ACO) shall have the authority to conduct, or to arrange for, field surveys and/or inspections and to analyze the results in order to determine the extent to which the Department's inventory of buildings and facilities are in compliance with the applicable accessibility standards.
   4. Department-wide Staff Training.  Implementation and operation of DOL's accessibility compliance system will require a cooperative effort involving staff from a variety of organizational subdivisions within the Department. All staff members who are expected to be involved in any way with the operation of the accessibility compliance system shall be trained on the general purpose, policy, and procedures of the system. In addition, staff with specified responsibilities for certain system elements, such as operating the complaint tracking system, developing the inventory of covered buildings, or conducting accessibility compliance surveys, etc., will require specialized training in those areas.
   5. Complaint system.  The regulatory language for the “Complaint handling procedures” under 29 C.F.R. § 33.12 shall be utilized as the framework for handling, processing, and resolving complaints alleging violations under this DLMS chapter, with the exception that when applied to this DLMS chapter, the language shall be modified as follows:
      1. the term “handicap” should be replaced with the word “disability”;
      2. in subsection (c), the term “Directorate of Civil Rights (DCR)” shall be replaced with “Civil Rights Center (CRC)”;
      3. in the case of any conflict between applicable standards or requirements, the standard or requirement that provides the greatest level of accessibility for individuals with disabilities shall be selected and used;
      4. references to “Section 504” shall be changed to “Section 504, its applicable implementing regulations concerning the accessibility of buildings and facilities at 29 C.F.R. Part 33, and the applicable requirements of Section 204(B) as provided in DLMS 3-200”; and
      5. the phrase “within 180 days of the date of notification” in 29 C.F.R. §33.12(g)(2) shall be changed to “within 300 days of the date of notification unless there are exigent circumstances.”
   6. Department’s Accessibility Compliance Officer (ACO).  The Deputy Assistant Secretary for Operations has been designated as the Department's ACO and is responsible for implementing and coordinating the Department's accessibility compliance system, as well as for management oversight of DOL's ongoing accessibility compliance activities (e.g., maintaining current inventories of buildings and ensuring that all newly acquired buildings and facilities are accessible).
   7. As required above, DOL agencies with land-holding authority will designate DOL agency ACOs who will be responsible for ensuring that their DOL agency's ongoing accessibility compliance activities are carried out in accordance with the Department's plan and who will serve as a point of contact through which the ACO and/or the Civil Rights Center (CRC) can coordinate its system implementation/operation/enforcement activities.

206 Timeliness

The Department is responsible for addressing building and facilities accessibility obligations in this DLMS chapter in a timely and effective manner. In the event of a reasonable delay in addressing a building and facilities accessibility obligation, Departmental agencies should assess and provide effective individual reasonable accommodations or interim solutions while accessibility obligations are in the process of being resolved and completed.

Last updated: December 30, 2025