D.C. Mun. Regs. tit. 25, r. 25-A307
Current through Register Vol. 71, No. 52, December 27, 2024
Rule 25-A307 - DISEASE OR MEDICAL CONDITION - RESPONSIBILITY OF PERSON IN CHARGE TO REMOVE, ADJUST, OR RETAIN EXCLUSIONS AND RESTRICTIONS OF ILL FOOD EMPLOYEES307.1If 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. P307.2If 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) 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. P307.3If 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. P307.4The 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. P307.6The 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. P307.7The person in charge shall reinstate a food employee who was excluded under § 305.1(b) or restricted under § 306.1 or § 307.3 for Shigellaspp. 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 Shigellaspp. 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. P307.8The 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. P307.9The 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. P307.10The 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 Shigellaspp. 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. PD.C. Mun. Regs. tit. 25, r. 25-A307
Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012)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.