Disease or Medical Condition
2-201.11 Responsibility of the Person in Charge to Require Reporting by Food Employees and Applicants.*
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employer requires employee reporting of:
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The permit holder shall require food employee applicants to whom a conditional offer of employment is made and food 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 applicant shall report the information in a manner that allows the person in charge to prevent the likelihood of foodborne disease transmission, including the date of onset of jaundice or of an illness specified under ¶ (C) of this section, if the food employee or applicant: |
health status
employee is ill |
(A) Is diagnosed with an illness due to:
- (1) Salmonella Typhi,
- (2) Shigella spp.,
- (3) Shiga toxin-producing Escherichia coli, or
- (4) Hepatitis A virus
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employee has symptom of: |
(B) Has a symptom caused by illness, infection, or other source that is:
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- (1) Associated with an acute gastrointestinal illness such as:
- (a) Diarrhea,
- (b) Fever,
- (c) Vomiting,
- (d) Jaundice, or
- (e) Sore throat with fever, or
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- (2) A lesion containing pus such as a boil or infected wound that is open or draining and is:
- (a) 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,
- (b) On exposed portions of the arms, unless the lesion is protected by an impermeable cover, or
- (c) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage;
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employee previously ill |
(C) Had a past illness from:
- (1) S. Typhi within the past three months,
- (2) Shigella spp. within the past month,
- (3) Shiga toxin-producing Escherichia coli, within the past month; or
- (4) Hepatitis A virus;
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activities |
(D) Meets one or more of the following high-risk conditions: |
employee at high risk of becoming ill:
- prepared or consumed food that caused disease
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- (1) Is suspected of causing, or being exposed to, a confirmed disease outbreak caused by S. Typhi, Shigella spp., Shiga toxin-producing Escherichia coli, or hepatitis A virus including an outbreak at an event such as a family meal, church supper, or festival because the food employee or applicant:
- (a) food implicated in the outbreak,
- (b) Consumed food implicated in the outbreak, or
- (c) Consumed food at the event prepared by a person who is infected or ill with the infectious agent that caused the outbreak or who is suspected of being a shedder of the infectious agent,
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- (2) Lives in the same household as, and has knowledge about, a person who is diagnosed with a disease caused by S. Typhi, Shigella spp., Shiga toxin-producing Escherichia coli, or hepatitis A virus, or
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- lives with person involved in disease outbreak
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- (3) Lives in the same household as, and has knowledge about, a person who attends or works in a setting where there is a confirmed disease outbreak caused by S. Typhi, Shigella spp., Shiga toxin-producing Escherichia coli, or hepatitis A virus.
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2-201.12 Exclusions and Restrictions.*
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The person in charge shall: |
excluding ill employees |
(A) Exclude a food employee from a food establishment if the food employee is diagnosed with an infectious agent specified under ¶ 2-201.11(A);
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restricting employees: (serving general population) |
(B) Except as specified under ¶ (C) or (D) of this section, restrict a food employee from working with exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles, in a food establishment if the food employee is:
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- with symptom of illness or of past illness
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- (1)Suffering from a symptom specified under
¶ ¶ 2-201.11(B)(1)(a), (b), (c), or (e), or (B)(2), or
- (2) Not experiencing a symptom of acute gastroenteritis specified under Subparagraph 2-201.11(B)(1) but has a stool that yields a specimen culture that is positive for Salmonella Typhi, Shigella spp., or Shiga toxin-producing Escherichia coli;
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excluding employees: (serving high-risk population)
- with symptom of illness or of past illness
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(C) If the population served is a highly susceptible population, Exclude a food employee who:
- (1) Is experiencing a symptom of acute gastrointestinal illness specified under Subparagraph 2-201.11(B)(1)(a), (b), (c), or (e) and meets a high-risk condition specified under Subparagraphs 2-201.11(D)(1)-(3),
- (2) Is not experiencing a symptom of acute gastroenteritis specified under Subparagraph 2-201.11(B)(1) but has a stool that yields a specimen culture that is positive for S. Typhi, Shigella spp., or Shiga toxin-producing Escherichia coli,
- (3) Had a past illness from S. Typhi within the last 3 months, or
- (4) Had a past illness from Shigella spp. or Shiga toxin-producing Escherichia coli within the last month; and
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excluding and restricting jaundiced employees |
(D) For a food employee who is jaundiced:
- (1) If the onset of jaundice occurred within the last 7 calendar days, Exclude the food employee from the food establishment, or
- (2) If the onset of jaundice occurred more than 7 calendar days before:
- (a) Exclude the food employee from a food establishment that serves a highly susceptible population, or
- (b) restrict the food employee from activities specified under ¶ 2-201.12(B), if the food establishment does not serve a highly susceptible population.
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2-201.13 Removal of Exclusions and Restrictions.
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reinstating an excluded employee who is:
or
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(A) The person in charge may remove an exclusion specified under ¶ 2-201.12(A) if:
- (1) The person in charge obtains approval from the regulatory authority; and
- (2) The person excluded as specified under ¶ 2-201.12(A) provides to the person in charge written medical documentation from a physician licensed to practice medicine or, if allowed by law, a nurse practitioner or physician assistant, that specifies that the excluded person may work as a food employee in a food establishment, including an establishment that serves a highly susceptible population, because the person is free of the infectious agent of concern as specified in § 8-501.40.
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reinstating a restricted employee who is
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(B) The person in charge may remove a restriction specified under:
- (1) Subparagraph 2-201.12(B)(1) if the restricted person:
- (a) Is free of the symptoms specified under ¶ 2-201.11(B)(1)(a), (b), (c), or (e) or (2) and no foodborne illness occurs that may have been caused by the restricted person,
- (b) Is suspected of causing foodborne illness but:
- (i) Is free of the symptoms specified under ¶ 2-201.11(B)(1)(a), (b), (c), or (e) or (2), and
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- free of suspected infectious agent
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(ii) Provides written medical documentation from a physician licensed to practice medicine or, if allowed by law, a nurse practitioner or physician assistant, stating that the restricted person is free of the infectious agent that is suspected of causing the person's symptoms or causing foodborne illness, as specified in § 8-501.40, or
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- has symptoms that are not caused by an infectious agent
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- (c) Provides written medical documentation from a physician licensed to practice medicine or, if allowed by law, a nurse practitioner or physician assistant, stating that the symptoms experienced result from a chronic noninfectious condition such as Crohn's disease, irritable bowel syndrome, or ulcerative colitis; or
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- (2) Subparagraph 2-201.12(B)(2) if the restricted person provides written medical documentation from a physician, licensed to practice medicine, or, if allowed by law, a nurse practitioner or physician assistant, according to the criteria specified in § 8-501.40 that indicates the stools are free of Salmonella Typhi, Shigella spp., or Shiga toxin-producing Escherichia coli, whichever is the infectious agent of concern.
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reinstating an excluded employee serving: high-risk population |
(C) The person in charge may remove an exclusion specified under ¶ 2-201.12(C) if the excluded person provides written medical documentation from a physician licensed to practice medicine or, if allowed by law, a nurse practitioner or physician assistant:
- (1) That specifies that the person is free of the infectious agent of concern as specified in § 8-501.40, or
- (2) If the person is excluded under Subparagraph 2-201.12(C)(1), stating that the symptoms experienced result from a chronic noninfectious condition such as Crohn's disease, irritable bowel syndrome, or ulcerative colitis.
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reinstating an employee who is:
- not suspect source of illness
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(D) The person in charge may remove an exclusion specified under Subparagraph 2-201.12(D)(1) and Subparagraph 2-201.12(D)(2)(a) and a restriction specified under Subparagraph 2-201.12(D)(2)(b) if:
- (1) No foodborne illness occurs that may have been caused by the excluded or restricted person and the person provides written medical documentation from a physician licensed to practice medicine or, if allowed by law, a nurse practitioner or physician assistant, that specifies that the person is free of hepatitis A virus as specified in Subparagraph 8-501.40(D)(1); or
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- suspect source of illness
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- (2) The excluded or restricted person is suspected of causing foodborne illness and complies with the requirements in Subparagraphs 8-501.40(D)(1) and (D)(2).
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