Nevada Administrative Code
Chapter 446 - Food Establishments
MANAGEMENT AND PERSONNEL
Section 446.056 - Employee health conditions
Universal Citation: NV Admin Code 446.056
Current through September 16, 2024
1. In accordance with the provisions of this chapter and chapter 441A of NAC, the following employee health conditions apply:
(a) A food
employee shall not work in or around any place where unwrapped or unpackaged
food or beverage products are prepared, sold or offered for sale if the food
employee knows that he or she has:
(1) A
symptom of gastrointestinal infection, including, without limitation, diarrhea,
vomiting or jaundice, except as otherwise provided in paragraph (k);
(2) A diagnosed infection by a disease agent
that can be transmitted from a food employee through food, including, without
limitation, Salmonella species, Shigella species, Shiga toxin-producing
Escherichia coli, Hepatitis A virus or Norovirus; or
(3) A lesion that appears inflamed or
contains pus, including, without limitation, a boil or infected wound that is
not covered with:
(I) An impermeable cover
and a single-use glove if the lesion is on a hand or wrist;
(II) An impermeable cover if the lesion is on
an arm; or
(III) A dry, durable,
tight-fitting bandage if the lesion is on another part of the body.
(b) A food employee
shall immediately report to the person in charge if the food employee knows he
or she has:
(1) A symptom of gastrointestinal
infection, including, without limitation, diarrhea, vomiting or jaundice,
except as otherwise provided in paragraph (k);
(2) A diagnosed infection by a disease agent
that can be transmitted from a food employee through food, including, without
limitation, Salmonella species, Shigella species, Shiga toxin-producing
Escherichia coli, Hepatitis A virus or Norovirus; or
(3) A lesion that appears inflamed or
contains pus and that is not covered as described in subparagraph (3) of
paragraph (a).
(c) The
person in charge shall, within 24 hours, notify the health authority about any
food employee known to have:
(1) Jaundice,
except as otherwise provided in paragraph (k); or
(2) A diagnosed infection by a disease agent
that can be transmitted from a food employee through food, including, without
limitation, Salmonella species, Shigella species, Shiga toxin-producing
Escherichia coli, Hepatitis A virus or Norovirus.
(d) The person in charge shall
restrict or exclude a food employee from working in or around any place where
unwrapped or unpackaged food or beverage products are prepared, sold or offered
for sale if the food employee is known to have:
(1) A symptom of gastrointestinal infection,
including, without limitation, diarrhea, vomiting or jaundice, except as
otherwise provided in paragraph (k); or
(2) A lesion that appears inflamed or
contains pus and that is not covered as described in subparagraph (3) of
paragraph (a).
(e) The
person in charge shall exclude a food employee from working in or around any
place where unwrapped or unpackaged food or beverage products are prepared,
sold or offered for sale if the food employee is known to have a diagnosed
infection by a disease agent that can be transmitted from a food employee
through food, including, without limitation, Salmonella species, Shigella
species, Shiga toxin-producing Escherichia Coli, Hepatitis A
virus or Norovirus.
(f) If the
population served by a food establishment is a highly susceptible population,
the person in charge shall exclude from the food establishment a food employee
who is known to have:
(1) A symptom of
gastrointestinal infection, including, without limitation, diarrhea, vomiting
or jaundice, except as otherwise provided in paragraph (k);
(2) An infection by Salmonella
typhi within the last 3 months, unless approved to be released from
exclusion by the health authority; or
(3) An infection by Shigella species, Shiga
toxin-producing Escherichia coli, Hepatitis A virus, Norovirus
or a Salmonella species other than Salmonella typhi, within
the last 30 days, unless the food employee is approved to be released from
exclusion by the health authority.
(g) The person in charge and all employees of
a food establishment shall cooperate with the health authority during an
investigation of:
(1) An outbreak of an
illness associated with food;
(2)
An outbreak of an illness suspected to be associated with food; or
(3) A food employee suspected to be infected
with a disease agent that can be transmitted from a food employee through
food.
(h) When an
incident of foodborne illness or a food-related injury is reported to an
employee of a food establishment, the employee shall notify the person in
charge of that fact. The person in charge shall:
(1) Record the complainant's name, address
and telephone number;
(2) Record
the nature of the complaint, including, without limitation, the food consumed
and the time of the complaint; and
(3) Immediately report the incident to the
health authority, and remove from sale and refrigerate any suspect foods until
released by the health authority.
(i) When the health authority suspects that a
food establishment or its employees may be a source of disease, the health
authority shall take appropriate action to control the transmission of the
disease. Such action may include, without limitation:
(1) Securing records that may enable
identification of persons potentially exposed to the disease or requiring
additional assistance in locating such persons, or both, including, without
limitation, hotels, motels or other lodging facilities in which the food
establishment is located or which are adjacent to the food
establishment;
(2) Securing an
illness history of any food employee;
(3) Excluding an employee from working in the
food establishment until, in the opinion of the health authority, there is no
further risk of disease transmission;
(4) Closing the food establishment until, in
the opinion of the health authority, there is no further risk of disease
transmission;
(5) Restricting the
work activities of any employee;
(6) Requiring medical and laboratory
examinations of any food employee and of any discharge from his or her
body;
(7) Obtaining samples of any
suspect food for laboratory examination; and
(8) Requiring the destruction of suspect food
or preventing such food from being served.
(j) The person in charge and the food
employees of a food establishment shall comply with any order issued by the
health authority for excluding employees from the food establishment or
restricting employee activities because of a diagnosed or suspected infection
by a disease agent that can be transmitted from a food employee through food
until the health authority rescinds the order.
(k) Upon approval from the health authority,
a food employee with a symptom of gastrointestinal illness, including, without
limitation, diarrhea or jaundice, may work in food service without special
restriction, provided that the food employee furnishes written medical
documentation to the health authority from a health practitioner that the
symptom is due to a medical condition not transmissible from the food employee
through food, including, without limitation, Crohn's disease, irritable bowel
syndrome, ulcerative colitis or Hepatitis C.
2. As used in this section, "health practitioner" means a physician licensed to practice medicine or, if allowed by law, an advanced practice registered nurse, physician assistant or a person with similar qualifications.
Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013
NRS 439.200, 446.940
Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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