910 IAC 3-2-3 "Direct threat" defined

Sec. 3. "Direct threat" means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a direct threat shall be based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job. This assessment shall be based on a reasonable medical judgment that relies on the most current medical knowledge or on the best available objective evidence. In determining whether an individual would pose a direct threat, the following factors must be considered: (1) The duration of the risk. (2) The nature and severity of the potential harm. (3) The likelihood that the potential harm will occur. (4) The imminence of the potential harm.