(a) The license
holder shall require food employees and conditional employees to report to the
person in charge information about their health and activities as they relate
to diseases that are transmissible through food. A food employee or conditional
employee shall report the information in a manner that allows the person in
charge to reduce the risk of foodborne disease transmission, including
providing necessary additional information, such as the date of onset of
symptoms and an illness, or of a diagnosis without symptoms, if the food
employee or conditional employee:
(i) Has any
of the following symptoms:
(A)
Diarrhea;
(B) Vomiting;
(C) Jaundice; or
(D) Sore throat with fever, or;
(E) A lesion containing pus such as a boil or
infected wound that is open or draining and is:
(I) On the hands or wrists, unless an
impermeable cover such as a finger cot or stall protects the lesion and a
single-use glove is worn over the impermeable cover;
(II) On exposed portions of the arms, unless
the lesion is protected by an impermeable cover; or
(III) On other parts of the body, unless the
lesion is covered by a dry, durable, tight-fitting bandage;
(ii) Has an illness
diagnosed by a health practitioner due to:
(A)
Salmonella
spp.;
(B)
Shigella spp.;
(C)
Enterohemorrhagic or Shiga toxin-producing Escherichia
coli;
(D) Hepatitis A
virus; or
(E) Viral Gastroenteritis
including Norovirus
(iii) Had a previous illness, diagnosed by a
health practitioner:
(A)
Salmonella
spp. within the past three months,
(B)
Shigella spp. within
the past month,
(C)
Shiga
toxin-producing Escherichia coli, within the past month; or
(D) Hepatitis A virus.
(iv) Has been exposed to, or is the suspected
source of, a confirmed disease outbreak, because the food employee or
conditional employee consumed or prepared food implicated in the outbreak, or
consumed food at an event prepared by a person who is infected or ill with:
(A) Viral Gastroenteritis including Norovirus
within the past 48 hours of the last exposure,
(B)
Enterohemorrhagic or Shiga
toxin-producing Escherichia coli, or Shigella spp. within the past 3
days of the last exposure,
(C)
Salmonella spp. within the past 14 days of the last
exposure,
(D) Hepatitis A virus
within the past 30 days of the last exposure; or
(v) Has been exposed by attending or working
in a setting where there is a confirmed disease outbreak, or living in the same
household as, and has knowledge about, an individual who attends or works in a
setting where there is a confirmed disease outbreak, or living in the same
household as, and has knowledge about, an individual diagnosed with an illness
caused by:
(A) Viral Gastroenteritis
including Norovirus within the past 48 hours of the last exposure,
(B) Enterohemorrhagic or Shiga
toxin-producing Escherichia coli, or Shigella spp. within the past 3 days of
the last exposure,
(C)
Salmonella spp. within the past 14 days of the last
exposure,
(D) Hepatitis A virus
within the past 30 days of the last exposure.
(b) The person in charge shall notify the
regulatory authority when a food employee is:
(i) Jaundiced, or
(A) Diagnosed with a current or previous
illness due to a pathogen as specified in Chapter 1, Section 12(a) (ii) (A)-(E)
or (iii) (A)-(D).
(c) The person in charge shall ensure that a
conditional employee:
(i) Who exhibits or
reports a symptom, or who reports a diagnosed illness as specified in Chapter
1, Section 12(a) (i)- (iii), is prohibited from becoming a food employee until
the conditional employee meets the criteria for the specific symptoms or
diagnosed illness as specified in Chapter 1, Section
14;
and
(ii) Who will work as a food
employee in a food establishment that serves a highly susceptible population
and reports a history of exposure as specified in Chapter 1, Section 12(a)
(iv)-(v), is prohibited from becoming a food employee until the conditional
employee meets the criteria as specified in Chapter 1, Section
14(a)
(ix).
(d) The person in charge shall ensure that a
food employee who exhibits or reports a symptom, or who reports a diagnosed
illness or a history of exposure as specified in Chapter 1, Section 12(a)
(i)-(v) is:
(i) Excluded as specified in
Chapter 1, Section 13(a) (i)- (iii), and Section
13(a) (iv) (A), (v)
(A), (vi) (A), or (vii) (A) and in compliance
with the provisions specified in Chapter 1, Section 14(a) (i)- (vii);
or
(ii) Restricted as specified in
Chapter 1, Section
13(a) (iv) (B), (v)
(B), (vi) (B), (vii) (B), or Section
13(a) (viii) or (ix) and
in compliance with the provisions specified in Chapter 1, Section 14(a)
(iv)-(ix).
(e) A food
employee or conditional employee shall report to the person in charge the
information as specified in Chapter 1, Section
12(a).
(f) A food employee shall:
(i) Comply with an exclusion as specified in
Chapter 1, Section 13(a)(i)- (iii) and Section
13(a) (iv) (A), (v)
(A), (vi) (A), or (vii) (A) and with the
provisions specified in Chapter 1, Section 14(a) (i)- (vii); or
(ii) Comply with a restriction as specified
in Chapter 1, Section
13(a) (iv) (B), (v)
(B), (vi) (B), (vii) (B), or Section
13(a) (viii) or (ix) and
comply with the provisions specified in Chapter 1, Section 14(a)
(iv)-(ix).
