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Question Number: 37, 1998 EPCRA 313 Q&A: Employee Threshold; Permanent Disability

37. A covered facility under EPCRA Section 313 has nine full-time employees. The facility also has one paid employee who is on permanent disability. Should the facility include this employee in their employee threshold determination (40 CFR Section 372.22(a))?
No, the facility does not have to include the disabled employee when determining their employee threshold. The employee would be considered the equivalent of a retired employee.