Section 25-B307. DISEASE OR MEDICAL CONDITION RESPONSIBILITY OF SUPERVISOR TO REMOVE, ADJUST, OR RETAIN EXCLUSIONS AND RESTRICTIONS OF ILL FOOD EMPLOYEES*

 

307.1A supervisor may reinstate a food employee who was excluded under section 305.1(a) for being symptomatic with vomiting or diarrhea if the food employee:

 

(a)Is asymptomatic for at least twenty-four (24) hours; or

 

(b)Provides his or her supervisor with written medical documentation from a licensed physician that states the symptom is from a noninfectious condition.

 

307.2If a food employee was diagnosed with an infection from Norovirus and excluded under section 305.1(b), a supervisor may restrict the food employee after he or she has been asymptomatic for at least twenty-four (24) hours, and may reinstate the food employee after the conditions for reinstatement specified in sections 307.6 have been met.

 

307.3If a food employee was diagnosed with an infection from Shigella spp. or Entrohemorrahgic or Shiga Toxin-Producing Escherichia coli and excluded under section 305.1(b), a supervisor may restrict the food employee after he or she has been asymptomatic for at least twenty-four (24) hours, and may reinstate the food employee after the conditions for reinstatement specified in sections 307.7 have been met; or

 

307.4A supervisor may reinstate a food employee who was excluded due to jaundice or a diagnosis of hepatitis A under section 305.2 if the supervisor 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;

 

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

 

(c)The food employee provides his or her supervisor with written medical documentation from a licensed physician that states the food employee is free of a hepatitis A virus infection.

 

307.5A supervisor may reinstate a food employee who was excluded for Salmonella Typhi under section 305.3 if

 

(a)The supervisor obtains approval from the Department; and

 

(b)The food employee provides his or her supervisor with written medical documentation from a licensed physician that states the food employee is free from Salmonella Typhi infection.

 

307.6A supervisor may reinstate a food employee who was excluded under section 305.1(b) or restricted under section 306.1 or 307.2 for Norovirus if the supervisor obtains approval from the Department and one (1) of the following conditions is met:

 

(a)The excluded or restricted employee provides his or her supervisor with written medical documentation from a licensed physician that states the food employee is free of Norovirus infection;

 

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

 

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

 

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

 

(a)The excluded or restricted food employee provides his or her supervisor with written medical documentation from a licensed physician 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, and

 

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

 

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

 

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

 

307.8A supervisor may reinstate a food employee who was restricted under section 306.2 for sore throat with fever if the food employee provides his or her supervisor with written medical documentation from a licensed physician 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;

 

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

 

(c)Is otherwise determined by a licensed physician to be free of a Streptoccoccus pyogenes infection.

 

307.9A supervisor may reinstate a food employee who was restricted as specified in section 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;

 

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

 

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

 

source

Final Rulemaking published at 56 DCR 5245 (July 3, 2009).