Significant risk of substantial harm An employer cannot deny an employment opportunity to an individual with a disability merely because of a slightly increased risk....
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1. Significant risk of substantial harm
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2. The specific risk must be identified
factors: the duration of the risk....
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4.5 Standards Necessary for Health and Safety: A "Direct Threat"
The employer must be prepared to show that there is: significant risk of substantial harm; the specific risk must be identified; it must be a current risk, not one...
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ADA Facilities Compliance Risk Assessment Form
ADA Facilities Compliance Risk Assessment Form (For New Construction and Alterations Projects) Project Name: _______________________________________________________________ Project...
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5. If there is a significant risk, reasonable accommodation must be considered
If there is a significant risk, reasonable accommodation must be considered Where there is a significant risk of substantial harm to health or safety, an employer still must consider...
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Risk Cannot be Speculative or Remote
Risk Cannot be Speculative or Remote The results of a medical examination may not disqualify persons currently able to perform essential job functions because of unsubstantiated speculation...
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Health or Safety Defense
A health or safety risk can only be considered if it is "a significant risk of substantial harm."...
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"Direct Threat" to Self
determination that a person might cause harm to himself or herself cannot be based on stereotypes, patronizing assumptions about a person with a disability, or generalized fears about risks...
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§ 36.304(d)(3)
No measure shall be taken, however, that poses a significant risk to the health or safety of individuals with disabilities or others....
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Section 36.208 Direct Threat (Section-By-Section Analysis and Response to Comments)
Section 36.208 Direct Threat (Section-By-Section Analysis and Response to Comments)...
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Final Regulatory Flexibility Analysis
Regulatory Flexibility Act requires federal agencies to consider the impacts of their rules on small entities, analyze alternatives that minimize the impacts on small entities, and to make the analysis...
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2. Whether this person can perform this job without posing a "direct threat" to the health or safety of the person or others
The doctor should be informed that the employer must be able to show that an exclusion of an individual with a disability because of a risk to health or safety meets the "direct threat"...
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§ 36.301(b) Safety
Safety requirements must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities....
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Sec.36.301(b) Safety
Safety requirements must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities....
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Regulatory Impact Analysis.
An initial regulatory impact analysis of the benefits and costs of a proposed rule is required by Executive Order 12866 (as amended by Executive Order 13258 and Executive Order 13422). ...
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Section 36.208 Direct Threat (Preamble, Section-by-Section Analysis)
The inclusion of this provision is not intended to imply that persons with disabilities pose risks to others. It is intended to address concerns that may arise in this area....
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Regulatory Flexibility Act: Initial Regulatory Flexibility Analysis
Flexibility Act requires agencies to consider the impacts of their regulatory proposals on small entities, analyze alternatives that minimize the impacts on small entities, and make the analysis...
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III-4.1200 Safety
However, the public accommodation must ensure that its safety requirements are based on real risks, not on speculation, stereotypes, or generalizations about individuals with disabilities...
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Sec.36.304(d)(2)
No measure shall be taken, however, that poses a significant risk to the health or safety of individuals with disabilities or others....
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Significant Issues Raised by Public Comments in Response to the Initial Regulatory Flexibility Analysis
Therefore, we did not prepare an initial regulatory flexibility analysis for the proposed rule....
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III-3.8000 Direct threat
must be based on reasonable judgment that relies on current medical evidence, or on the best available objective evidence, to determine -- 1) The nature, duration, and severity of the risk...
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Questions Posed in the NPRM Regarding Costs and Benefits of Complying With the 2010 Standards (Section-by-Section Analysis)
Questions Posed in the NPRM Regarding Costs and Benefits of Complying With the 2010 Standards (Section-by-Section Analysis) In the NPRM, the Department requested comment on various cost...
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4.6 Health and Safety Requirements of Other Federal or State Laws
4.6 Health and Safety Requirements of Other Federal or State Laws The ADA recognizes employers' obligations to comply with requirements of other laws that establish health and...
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Concerns about Safety
CONCERNS ABOUT SAFETY When it comes to safety concerns, an employer should be careful not to act on the basis of myths, fears, or stereotypes about hearing impairments. Instead,...