12 Va. Admin. Code § 5-421-80 - Responsibility of permit holder, person in charge, and conditional employees
A. The permit
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:
1. Has any
of the following symptoms:
a.
Vomiting;P
b.
Diarrhea;P
c. Jaundice;P
d. Sore throat with
fever;P or
e. A lesion containing pus such as a boil or
infected wound that is open or draining and is:
(1) 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;P
(2) On exposed portions of the arms, unless
the lesion is protected by an impermeable cover;P
or
(3) On other parts of the body,
unless the lesion is covered by a dry, durable, tight-fitting
bandage;P
2. Has an illness diagnosed by a health
practitioner due to:
a.
Norovirus;P
b. Hepatitis A
virus;P
c. Shigella
spp.;P
d. Shiga toxin-producing Escherichia coli;
P
e.
Typhoid fever (caused by Salmonella typhi);P
or
f. Salmonella
(nontyphoidal);P
3. Had Typhoid fever, diagnosed by a health
practitioner, within the past three months, without having received antibiotic
therapy, as determined by a health
practitioner;P
4. 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. Norovirus within the past 48 hours of the
last exposure; P
b. Shiga toxin-producing Escherichia coli, or
Shigella spp. within the past three days of the last
exposure;P
c. Typhoid fever (caused by Salmonella typhi)
within the past 14 days of the last exposure;P
or
d. Hepatitis A virus within the
past 30 days of the last exposure;P or
5. 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 works or
attends 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. Norovirus within the
past 48 hours of the last exposure;P
b. Shiga toxin-producing Escherichia coli or
Shigella spp. within the past three days of the last
exposure;P
c. Typhoid fever (caused by Salmonella typhi)
within the past 14 days of the last exposure;P
or
d. Hepatitis A virus within the
past 30 days of the last exposure.P
B. The person in charge
shall notify the department when a food employee is:
1. Jaundiced;Pf
or
2. Diagnosed with an illness due
to a pathogen as specified under subdivisions A 2 a through f of this
section.Pf
C. The person in charge shall ensure that a
conditional employee:
1. Who exhibits or
reports a symptom, or who reports a diagnosed illness as specified under
subdivisions A 1, 2, and 3 of this section, is prohibited from becoming a food
employee until the conditional employee meets the criteria for the specific
symptoms or diagnosed illness as specified under
12VAC5-421-100;P
and
2. 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 under subdivisions A 4 and 5 of
this section, is prohibited from becoming a food employee until the conditional
employee meets the criteria specified under subdivision 10 of
12VAC5-421-100.P
D. The person in charge shall ensure that a
food employee who exhibits or reports a symptom, or who reports a diagnosed
illness or history of exposure as specified under subdivisions A 1 through 5 of
this section is:
1. Excluded as specified
under subdivisions 1, 2, and 3 of
12VAC5-421-90, and subdivisions 4
a, 5 a, 6 a, 7, or 8 a of
12VAC5-421-90 and in compliance
with the provisions specified under subdivisions 1 through 8 of
12VAC5-421-100;P
or
2. Restricted as specified under
subdivision 4 b, 5 b, 6 b, or 8 b of
12VAC5-421-90, or subdivision 9 or
10 of 12VAC5-421-90 and in compliance
with the provisions specified under subdivisions 4 through 10 of
12VAC5-421-100.P
E. A food employee or conditional employee
shall report to the person in charge the information as specified under
subsection A of this section.Pf
F. A food employee shall:
1. Comply with an exclusion as specified
under subdivisions 1, 2, and 3 of
12VAC5-421-90 and subdivision 4 a,
5 a, 6 a, 7, or 8 a of
12VAC5-421-90 and with the
provisions specified under subdivisions 1 through 8 of
12VAC5-421-100;P
or
2. Comply with a restriction as
specified under subdivision 4 b, 5 b, 6 b, 7, or 8 b of
12VAC5-421-90, or subdivision 8,
9, or 10 of
12VAC5-421-90 and comply with the
provisions specified under subdivisions 4 through 10 of
12VAC5-421-100.P
Notes
Statutory Authority: §§ 35.1-11 and 35.1-14 of the Code of Virginia.
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