147 Determining Direct Threat

An individual is not “qualified” for the position if his or her performance in the job would result in a direct threat. “Direct threat” means a significant risk of substantial harm to the health or safety of the individual or others that a reasonable accommodation cannot eliminate or reduce to an acceptable degree. The risk of harm must be more than speculative or hypothetical. There must be a high probability of verifiable, substantial harm.

To this end, objective, factual, medical or scientific evidence must support a determination that a person poses a direct threat. The determination of whether an employee poses a direct threat must be based on an individualized assessment of that person’s actual ability to perform safely the essential functions of the job in light of the following factors:

• The nature and severity of the potential harm.
• The duration of the risk.
• The likelihood that the potential harm will occur.
• The imminence of the potential harm.

In assessing the degree of risk, supervisors and managers must consider the following:

• Input from the applicant or employee.
• The applicant or employee’s experience in similar prior jobs.
• The opinions of medical experts, rehabilitation counselors, and physical therapists.
• The opinions of engineering specialists or other job specialists, when needed.
• The use or non-use of mitigating measures, and any consequences of such use (for example, medication that causes fatigue and blurred vision).

To determine whether the individual poses a direct threat, the Postal Service must also consider whether there is a reasonable accommodation that would reduce the risk to an acceptable level.