1. (1) Conduct that may result in restriction of access includes, but is not limited to the following:

   1. (a) Causing or threatening to cause physical injury to Department employees or visitors;
   2. (b) Engaging in actions which compromise the safety or health of Department employees or visitors;
   3. (c) Causing or threatening to cause harm to the family or property of an employee or visitors through written, electronic, or verbal communication;
   4. (d) Causing or threatening to cause damage to Department premises;
   5. (e) Bringing a deadly or dangerous weapon onto the Department’s premises, unless authorized by ORS chapter 166 to carry a handgun;
   6. (f) Displaying, attempting, or threatening to use any weapon, on or off Department premises, that compromises the safety of Department employees or visitors;
   7. (g) Engaging in harassing conduct as defined in ORS 166.065.
   8. (h) Engaging in telephonic harassment as defined in ORS 166.090.
2. (2) The conduct listed in section (1) is also prohibited if it occurs during employees’ off-work hours and off Department premises and the prohibited conduct is related to the employee’s work with the Department.
3. (3) Prior to issuing a restriction of access notice, the Department will make an individualized assessment as to whether the conduct listed in section (1) of this rule is a result of a disability of which the Department has knowledge and whether the conduct is a “direct threat” to others as described in OAR 407-005-0000 through 407-005-0030. If the Department determines the disabled individual’s conduct is not a direct threat, the Department will explore the possibility of a reasonable accommodation to mitigate the safety risk.
4. (4) The prohibitions on conduct in this rule do not apply to individuals who are residents of a Department-operated residential facility.

Statutory/Other Authority

ORS 409.050

Statutes/Other Implemented

ORS 409.050 & 654.010

History

DHSD 11-2007, f. 11-30-07, cert. ef. 12-1-07