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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§ 36.304(d)(3)
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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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1. Significant risk of substantial harm
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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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
about future risk....
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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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§ 36.304(d)(2)
(2)
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2. The specific risk must be identified
factors: the duration of the risk....
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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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III-3.8000 Direct threat
The public accommodation must determine that there is a significant risk to others that cannot be eliminated or reduced to an acceptable level by reasonable modifications to the public accommodation's...
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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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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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Section 36.208 Direct Threat (Preamble, Section-by-Section Analysis)
Paragraph (b) of this section explains that a ‘‘direct threat’’ is a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices...
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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,...
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14. Child welfare agencies have an obligation to ensure the health and safety of children. How can agencies comply with the ADA and Section 504 while also ensuring health and safety?
an exception where an individual with a disability represents a "direct threat."87 Section 504 incorporates a similar principle.88 Under the ADA and Section 504, a direct threat is a significant...
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16. I think a lift poses a safety risk at an unattended pool. I also have heard that my insurance rates will increase if I have a lift in my unattended pool. Can I consider safety risks?
I think a lift poses a safety risk at an unattended pool. I also have heard that my insurance rates will increase if I have a lift in my unattended pool....
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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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Wild animals, monkeys, and other nonhuman primates. (Section-by-Section Analysis)
The Department believes that this approach reduces risks to health or safety attendant with wild animals....
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Wild animals, monkeys, and other nonhuman primates. (Section-by-Section Analysis)
The Department believes that this approach reduces risks to health or safety attendant with wild animals....
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§ 36.208 Direct threat.
[See subsections ...]
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Sec.36.208 Direct threat
Sec.36.208 Direct threat.