Section 25-A307. DISEASE OR MEDICAL CONDITION - RESPONSIBILITY OF PERSON IN CHARGE TO REMOVE, ADJUST, OR RETAIN EXCLUSIONS AND RESTRICTIONS OF ILL FOOD EMPLOYEES

 

307.1If a food employee is not diagnosed with an infection from hepatitis A virus or Salmonella Typhi, the person in charge may:

 

(a)Reinstate a food employee who was excluded under § 305.1(a) for being symptomatic with vomiting or diarrhea if the food employee is asymptomatic for at least twenty-four (24) hours; P or

(b)The food employee provides the person in charge with written medical  documentation from a licensed physician or physician’s assistant that  states the food employee’s symptom is from a noninfectious condition. P 

 

307.2If a food employee was diagnosed with an infection from Norovirus and excluded under § 305.1(b), the person in charge shall:

 

(a)    Restrict the food employee who is asymptomatic for at least twenty-four  (24) hours and works in a food establishment not serving a highly  susceptible population, until the conditions for reinstatement as specified  in § 307.6(a) or (b) are met; P  or

 

(b)    Retain the exclusion for the food employee, who is asymptomatic for at  least twenty-four (24) hours and works in a food establishment that serves  a highly susceptible population, until the conditions for reinstatement as  specified in § 307.6(a) or (b) are met. P

 

307.3If a food employee was diagnosed with an infection from Shigella spp. or Entrohemorrahgic or Shiga Toxin-Producing Escherichia coli and excluded under § 305.1(b), the person in charge shall:

 

(a)Restrict the food employee who is asymptomatic for at least twenty-four (24) hours, and works in a food establishment not serving a highly susceptible population until the conditions for reinstatement as specified in § 307.7 are met; P  or

 

(b)Retain the exclusion for the food employee who is asymptomatic for at least twenty-four (24) hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in § 307.7 are met. P 

307.4The person in charge shall reinstate a food employee who was excluded due to jaundice or a diagnosis of hepatitis A virus under § 305.2 if the person in charge obtains approval from the Department and one (1) of the following conditions is met:  

 

(a)    The food employee has been jaundiced for more than seven (7) calendar  days; P 

  

(b)    The anicteric food employee has been symptomatic with symptoms other  than jaundice for more than fourteen (14) calendar days; P or

 

(c)The food employee provides to the person in charge with written medical    documentation from a licensed physician or physician’s assistant stating    that the food employee is free of a hepatitis A virus  infection.

 

307.5The person in charge shall reinstate a food employee who was excluded for Salmonella Typhi under § 305.3 if:

 

(a)The person in charge obtains approval from the Department; P and

 

(b) The food employee provides the person in charge with written medical  documentation from a licensed physician that states the food employee is  free from Salmonella Typhi infection. P

 

307.6The person in charge shall reinstate a food employee who was excluded under § 305.1(b) or restricted under §§ 306.1 or 307.2 for Norovirus if the person in charge obtains the Department’s approval and one (1) of the following conditions is met:

 

(a)The excluded or restricted employee provides the person in  charge with  written medical documentation from a licensed physician or physician’s  assistant that states the food employee is free of Norovirus infection; P

 

(b)The food employee was excluded or restricted after symptoms of vomiting  or diarrhea resolved, and more than forty-eight (48) hours have passed  since the food employee became asymptomatic; P or

 

(c)The food employee was excluded or restricted and did not develop  symptoms and more than forty-eight (48) hours have passed since the food  employee was diagnosed. P 

 

307.7The person in charge shall reinstate a food employee who was excluded under § 305.1(b) or restricted under § 306.1 or § 307.3 for Shigella spp. or Entrohemorrahgic or Shiga Toxin-Producing Escherichia coli if the person in charge obtains approval from the Department and one (1) of the following conditions is met:

 

(a)The excluded or restricted food employee provides the person in charge  with written medical documentation from a licensed physician or  physician’s assistant that states the food employee is free of a Shigella  spp. or Entrohemorrahgic or Shiga Toxin-Producing Escherichia coli  infection based on test results showing two (2) consecutive negative stool  specimen cultures that are taken:

 

(1)Not earlier than forty-eight (48) hours after discontinuance of antibiotics; P  and

 

(2) At least twenty-four (24) hours apart; P

 

(b)The food employee was excluded or restricted after symptoms of vomiting  or diarrhea resolved, and more than seven (7) calendar days have passed  since the food employee became asymptomatic; P or

 

(c)The food employee was excluded or restricted and did not develop  symptoms and more than seven (7) calendar days have passed since the  food employee was diagnosed. P

 

307.8The person in charge shall reinstate a food employee who was excluded or restricted under § 306.2 for sore throat with fever if the food employee provides the person in charge with written medical documentation from a licensed physician or physician’s assistant that states the food employee meets one (1) of the following conditions:

 

(a) Has received antibiotic therapy for Streptoccoccus pyogenes infection for  more than twenty-four (24) hours; P

 

(b)  Has at least one negative throat specimen culture for Streptoccoccus  pyogenes infection; P or

 

(c)    Is otherwise determined by a licensed physician or physician’s assistant to  be free of a Streptoccoccus pyogenes infection. P

 

307.9The person in charge shall reinstate a food employee who was restricted as specified in Subsection 306.3 if the skin, infected wound, cut, or pustular boil is properly covered with one (1) of the following:

 

(a)An impermeable cover such as a finger cot or stall and a single-use glove  over the impermeable cover if the infected wound or pustular boil is on the  hand, finger, or wrist; P

 

(b)An impermeable cover on the arm if the infected wound or pustular boil is  on the arm; P or

 

(c)A dry, durable, tight-fitting bandage if the infected wound or pustular boil  is on another part of the body. P

 

307.10      The person in charge shall reinstate a food employee who was restricted as specified in § 306.4 and was exposed to a pathogen as specified in § 300.6 or 300.7, if:

 

(a)The exposure was to Norovirus and one (1) of the following conditions is  met:

 

(1)More than forty-eight (48) hours have passed since the last day the  food employee was potentially exposed; P or

 

(2)More than forty-eight (48) hours have passed since the food  employee’s household contact became asymptomatic; P

 

(b)The exposure was to Shigella spp. or Enterohemorrhagic or Shiga Toxin  Producing Escherichia coli and one (1) of the following conditions is met:

 

(1)More than three (3) calendar days have passed since the last day  the food employee was potentially exposed; P or

 

(2)More than three (3) calendar days have passed since the food  employee’s household contact became asymptomatic; P

 

(c)The exposure was to Salmonella Typhi and one (1) of the following  conditions is met:

 

(1)More than fourteen (14) calendar days have passed since the last  day the food employee was potentially exposed; P or

 

(2)More than fourteen (14) calendar days have passed since the food  employee’s household contact became asymptomatic; P

 

(d)The exposure was to hepatitis A virus and one (1) of the following  conditions is met:

 

(1)The food employee is immune to hepatitis A virus infection  because of a prior illness from hepatitis A; P

 

(2)The food employee is immune to hepatitis A virus infection  because of vaccination against hepatitis A; P

 

(3)The food employee is immune to hepatitis A virus infection  because of Immunoglobulin G (IgG) administration; P

 

(4)More than thirty (30) calendar days have passed since the last day  the food employee was potentially exposed; P

 

(5)More than thirty (30) calendar days have passed since the food  employee’s household contact became jaundiced; P or

 

(6)The food employee does not use an alternative procedure that  allows bare hand contact with ready-to-eat food until at least thirty  (30) calendar days after the potential exposure, as specified in  §§ 307.10(d)(4) and 307.10(d)(5), and the food employee receives  additional training about:

 

(A)Hepatitis A symptoms and preventing the transmission of  infection; P

 

(B)Proper handwashing procedures; P and

 

(C)Protecting ready-to-eat food from contamination introduced  by bare hand contact. P

 

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246: D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627: D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 2002-103, dated June 18, 2002 and Mayor’s Order 98-139, dated August 20, 1998.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6208 (July 5, 2002) ; as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).