35 IAC 2-9-6 - PERF determinations and disqualifying conditions
Authority: IC 5-10.5-4-2; IC 36-8-8-5; IC 36-8-8-19
Affected: IC 36-8-3.5-12
Sec. 6.
(a) As
determined by the PERF board or the PERF board's designee, based on the results
of the general medical history and the physical examination of the candidate,
the existence of any of the conditions identified in subsection (b) will result
in the revocation of the candidate's conditional offer of employment unless the
conditions can be eliminated or effectively reduced by reasonable
accommodations to the extent required under the Americans with Disabilities Act
as determined by the appointing authority and certified to PERF.
(b) The following are disqualifying
conditions:
(1) Vision testing as follows:
(A) Any of the following tests for far vision
acuity:
(i) Binocular vision not correctable
to at least 20/30.
(ii) Vision of
the worse eye not correctable to at least 20/50.
(iii) Uncorrected binocular vision of worse
than 20/100, with the exception that long term successful users of soft contact
lenses do not have to meet this uncorrected standard.
(B) Color vision. An inability to identify
red, green, and yellow colors.
(C)
Peripheral vision. Uncorrected field of vision of worse than one hundred forty
(140) degrees in the horizontal meridian in each eye.
(2) Hearing deficit. A hearing deficit in the
pure tone thresholds (five hundred (500) hertz, one thousand (1,000) hertz, two
thousand (2,000) hertz, and three thousand (3,000) hertz) in the unaided worse
ear:
(A) of more than twenty-five (25)
decibels in three (3) of the four (4) frequencies;
(B) of more than thirty (30) decibels in any
one (1) of the first three (3) frequencies; or
(C) an average loss within the four (4)
frequencies of more than thirty (30) decibels.
(3) Communicable diseases. Any communicable
disease or condition that poses a significant risk of substantial harm to the
health or safety of the candidate, coworkers, or members of the public with
whom the candidate will come in contact during the course of
employment.
(4) Suddenly
incapacitating diseases or conditions. Any disease or condition (physical or
mental) that could incapacitate the candidate without sufficient warning to
allow the candidate to take preventive measures, thereby imposing a significant
risk of substantial harm to the health or safety of the candidate, coworkers,
or members of the public with whom the candidate will come in contact during
the course of employment (unless such disease or condition can be controlled by
medication and the candidate affirms he or she takes the appropriate
medication).
(5) Alcoholism or
illegal use of drugs as follows:
(A) Any
history of alcoholism, unless the candidate has successfully rehabilitated for
a period of at least one (1) year, successfully passes an examination for
alcohol usage, and the candidate affirms he or she is no longer engaging in the
use of alcohol and has successfully rehabilitated for a period of at least one
(1) year preceding his or her application for employment.
(B) Any history of illegal use of drugs or
evidence of drug abuse, unless the candidate has successfully rehabilitated for
a period of at least one (1) year, successfully passes an examination for use
of drugs or drug abuse, and the candidate affirms he or she is no longer
engaging in drug abuse and has successfully rehabilitated for a period of at
least one (1) year preceding his or her application for employment.
(c) The determination
of whether a candidate's condition poses a significant risk of substantial harm
will be based on an objective individualized assessment of the applicant's
present ability to safely perform the essential functions of the job
considering reasonable accommodations to the extent required under the
Americans with Disabilities Act. Factors to be considered include the
following:
(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.
Relevant evidence may include input from the applicant, the experience of the applicant in previous similar positions, opinions of medical doctors, rehabilitation counselors, or physical therapists who have expertise in the disability involved, or direct knowledge of the applicant.
Notes
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