OAR 839-006-0244
Disability and Employment Rights: Direct Threat to Health or Safety, Employment

(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)

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:

(a)

The duration of risk;

(b)

The nature and severity of potential harm;

(c)

The likelihood that potential harm will occur; and

(d)

The imminence of potential harm.

Source: Rule 839-006-0244 — Disability and Employment Rights: Direct Threat to Health or Safety, Employment, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-006-0244.

839‑006‑0100
Injured Workers: Purpose and Scope 839‑006‑0105
Injured Workers: Definitions 839‑006‑0115
Injured Workers: Covered Employees and Employers 839‑006‑0117
Injured Workers: Prohibited Discrimination 839‑006‑0130
Injured Workers: Reinstatement Under ORS 659A.043 839‑006‑0131
Injured Workers: Loss of Reinstatement Rights Under ORS 659A.043 839‑006‑0135
Injured Workers: Reemployment Under ORS 659A.046 839‑006‑0136
Injured Workers: Loss of Reemployment Rights Under ORS 659A.046 839‑006‑0145
Injured Workers: Suitable Employment 839‑006‑0146
Injured Workers: Injured Temporary Workers and Employer Responsibilities 839‑006‑0150
Injured Workers: Retention and Loss of Reinstatement and Reemployment Rights 839‑006‑0200
Disability and Employment Rights: Purpose and Scope 839‑006‑0202
Disability and Employment Rights: Determining Disability under ORS 659A.103 to 659A.142 839‑006‑0205
Disability and Employment Rights: Definitions 839‑006‑0206
Disability and Employment Rights: Reasonable Accommodation 839‑006‑0212
Disability and Employment Rights: Determining Whether an Impairment Substantially Limits a Major Life Activity 839‑006‑0240
Disability and Employment Rights: Temporary or Progressive Impairments 839‑006‑0242
Disability and Employment Rights: Medical Evaluation 839‑006‑0244
Disability and Employment Rights: Direct Threat to Health or Safety, Employment 839‑006‑0250
Disability and Employment Rights: Customer or Co-Worker Preference 839‑006‑0255
Disability and Employment Rights: Effect of Law 839‑006‑0265
Disability and Employment Rights: Subterfuge 839‑006‑0270
Discrimination against Persons with Disabilities by State Government: Purpose and Scope 839‑006‑0275
Defining Disability for Purposes of Discrimination by State Government 839‑006‑0280
Discrimination against Persons with Disabilities by State Government: Definitions 839‑006‑0290
Other Statutes, Regulations and Agencies Governing Access by or Discrimination against Persons with Disabilities 839‑006‑0291
Discrimination against Persons with Disabilities by State Government: Reasonable Modifications 839‑006‑0292
Discrimination against Persons with Disabilities by State Government: Definitions for Auxiliary Aids and Services 839‑006‑0295
Discrimination against Persons with Disabilities by State Government: Provision of Auxiliary Aids and Services 839‑006‑0300
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Purpose and Scope 839‑006‑0305
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Definitions 839‑006‑0310
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Removal of Physical Barriers to Facilities 839‑006‑0320
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Provision of Auxiliary Aids 839‑006‑0330
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Removal of Barriers to Goods and Services 839‑006‑0335
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Direct Threat to Health or Safety 839‑006‑0340
Discrimination Theories: Discrimination against Individuals with Disabilities by State Government or Places of Public Accommodation 839‑006‑0345
Assistance Animals in Places of Public Accommodation or of Access to State Government 839‑006‑0350
Requirements for Transient Lodging: Lift Systems for Transient Lodging 839‑006‑0435
Veterans’ Preference in Public Employment 839‑006‑0440
Veterans’ Preference in Public Employment: Definitions 839‑006‑0445
Eligibility for Employment Preference 839‑006‑0450
Veterans’ Preference in Public Employment: Applying the Employment Preference 839‑006‑0455
Veterans’ Preference in Public Employment: Employment Preference for Promotions 839‑006‑0460
Veterans’ Preference in Public Employment: Appointment to a Position 839‑006‑0465
Veterans’ Preference in Public Employment: Certification 839‑006‑0470
Veterans’ Preference in Public Employment: Enforcement 839‑006‑0480
Discrimination Based on Uniformed Service
Last Updated

Jun. 8, 2021

Rule 839-006-0244’s source at or​.us