1. (1) Notwithstanding other provisions of these rules, an employer may refuse to employ an individual with a disability posing a direct threat to the health or safety of others. Direct threat means significant risk of substantial harm that cannot be eliminated or reduced below the level of significant risk of substantial harm by reasonable accommodation.

2. (2) The determination that an individual with a disability poses a "direct threat" is based on an individualized assessment of the individual’s present ability to safely perform the essential functions of the position. The assessment must be based on a reasonable medical judgment that relies on the most current medical knowledge or on the best available objective evidence. In making the determination, factors to be considered include:

   1. (a) The duration of risk;
   2. (b) The nature and severity of potential harm;
   3. (c) The likelihood that potential harm will occur; and
   4. (d) The imminence of potential harm.

Statutory/Other Authority

ORS 659A.805

Statutes/Other Implemented

ORS 659A.103 - 659A.142

History

BLI 12-2015, f. & cert. ef. 8-28-15
BLI 8-2010, f. & cert. ef. 2-24-10
BLI 14-2008, f. 5-30-08, cert. ef. 6-6-08
BLI 10-2002, f. & cert. ef. 5-17-02
BLI 15-2000, f. & cert. ef. 8-11-00
BL 2-1998, f. & cert. ef. 2-3-98, Renumbered from 839-006-0230
BL 4-1996, f. & cert. ef. 3-12-96
BL 2-1984, f. & ef. 1-31-84