(1) Conduct that may result in restriction of access includes, but is not limited to the following:
- (a) Causing or threatening to cause physical injury to Authority employees or visitors;
- (b) Engaging in actions which compromise the safety or health of Authority employees or visitors;
- (c) Causing or threatening to cause harm to the family or property of an employee or visitors through written, electronic, or verbal communication;
- (d) Causing or threatening to cause damage to Authority premises;
- (e) Bringing a deadly or dangerous weapon onto the Authority's premises, unless authorized by ORS chapter 166 to carry a handgun;
- (f) Displaying, attempting, or threatening to use any weapon, on or off Authority premises, that compromises the safety of Authority employees or visitors;
- (g) Engaging in harassing conduct as defined in ORS 166.065.
- (h) Engaging in telephonic harassment as defined in ORS 166.090.
- (2) The conduct listed in section (1) is also prohibited if it occurs during employees' off-work hours and off Authority premises and the prohibited conduct is related to the employee's work with the Authority.
- (3) Prior to issuing a restriction of access notice, the Authority shall 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 Authority has knowledge and whether the conduct is a "direct threat" to others as described in OAR 943-005-0000 through 943-005-0030. If the Authority determines the disabled individual's conduct is not a direct threat, the Authority shall explore the possibility of a reasonable accommodation to mitigate the safety risk.
- (4) The prohibitions on conduct in this rule do not apply to individuals who are residents of an Authority-operated residential facility.
Statutory/Other Authority
ORS 413.042
Statutes/Other Implemented
ORS 413.042 & 654.010
History
OHA 18-2011, f. 8-30-11, cert. ef. 9-1-11
OHA 7-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11