Nev. Admin. Code § 446.056

Current through December 12, 2024

Section 446.056 - Employee health conditions

1. In accordance with the provisions of this chapter and chapter 441A of NAC, the following employee health conditions apply:

(a) A food employee shall not work in or around any place where unwrapped or unpackaged food or beverage products are prepared, sold or offered for sale if the food employee knows that he or she has:

(1) A symptom of gastrointestinal infection, including, without limitation, diarrhea, vomiting or jaundice, except as otherwise provided in paragraph (k);

(2) A diagnosed infection by a disease agent that can be transmitted from a food employee through food, including, without limitation, Salmonella species, Shigella species, Shiga toxin-producing Escherichia coli, Hepatitis A virus or Norovirus; or

(3) A lesion that appears inflamed or contains pus, including, without limitation, a boil or infected wound that is not covered with:

(I) An impermeable cover and a single-use glove if the lesion is on a hand or wrist;

(II) An impermeable cover if the lesion is on an arm; or

(III) A dry, durable, tight-fitting bandage if the lesion is on another part of the body.

(b) A food employee shall immediately report to the person in charge if the food employee knows he or she has:

(1) A symptom of gastrointestinal infection, including, without limitation, diarrhea, vomiting or jaundice, except as otherwise provided in paragraph (k);

(3) A lesion that appears inflamed or contains pus and that is not covered as described in subparagraph (3) of paragraph (a).

(c) The person in charge shall, within 24 hours, notify the health authority about any food employee known to have:

(1) Jaundice, except as otherwise provided in paragraph (k); or

(d) The person in charge shall restrict or exclude a food employee from working in or around any place where unwrapped or unpackaged food or beverage products are prepared, sold or offered for sale if the food employee is known to have:

(1) A symptom of gastrointestinal infection, including, without limitation, diarrhea, vomiting or jaundice, except as otherwise provided in paragraph (k); or

(2) A lesion that appears inflamed or contains pus and that is not covered as described in subparagraph (3) of paragraph (a).

(e) The person in charge shall exclude a food employee from working in or around any place where unwrapped or unpackaged food or beverage products are prepared, sold or offered for sale if the food employee is known to have a diagnosed infection by a disease agent that can be transmitted from a food employee through food, including, without limitation, Salmonella species, Shigella species, Shiga toxin-producing Escherichia Coli, Hepatitis A virus or Norovirus.

(f) If the population served by a food establishment is a highly susceptible population, the person in charge shall exclude from the food establishment a food employee who is known to have:

(1) A symptom of gastrointestinal infection, including, without limitation, diarrhea, vomiting or jaundice, except as otherwise provided in paragraph (k);

(2) An infection by Salmonella typhi within the last 3 months, unless approved to be released from exclusion by the health authority; or

(3) An infection by Shigella species, Shiga toxin-producing Escherichia coli, Hepatitis A virus, Norovirus or a Salmonella species other than Salmonella typhi, within the last 30 days, unless the food employee is approved to be released from exclusion by the health authority.

(g) The person in charge and all employees of a food establishment shall cooperate with the health authority during an investigation of:

(1) An outbreak of an illness associated with food;

(2) An outbreak of an illness suspected to be associated with food; or

(3) A food employee suspected to be infected with a disease agent that can be transmitted from a food employee through food.

(h) When an incident of foodborne illness or a food-related injury is reported to an employee of a food establishment, the employee shall notify the person in charge of that fact. The person in charge shall:

(1) Record the complainant's name, address and telephone number;

(2) Record the nature of the complaint, including, without limitation, the food consumed and the time of the complaint; and

(3) Immediately report the incident to the health authority, and remove from sale and refrigerate any suspect foods until released by the health authority.

(i) When the health authority suspects that a food establishment or its employees may be a source of disease, the health authority shall take appropriate action to control the transmission of the disease. Such action may include, without limitation:

(1) Securing records that may enable identification of persons potentially exposed to the disease or requiring additional assistance in locating such persons, or both, including, without limitation, hotels, motels or other lodging facilities in which the food establishment is located or which are adjacent to the food establishment;

(2) Securing an illness history of any food employee;

(3) Excluding an employee from working in the food establishment until, in the opinion of the health authority, there is no further risk of disease transmission;

(4) Closing the food establishment until, in the opinion of the health authority, there is no further risk of disease transmission;

(5) Restricting the work activities of any employee;

(6) Requiring medical and laboratory examinations of any food employee and of any discharge from his or her body;

(7) Obtaining samples of any suspect food for laboratory examination; and

(8) Requiring the destruction of suspect food or preventing such food from being served.

(j) The person in charge and the food employees of a food establishment shall comply with any order issued by the health authority for excluding employees from the food establishment or restricting employee activities because of a diagnosed or suspected infection by a disease agent that can be transmitted from a food employee through food until the health authority rescinds the order.

(k) Upon approval from the health authority, a food employee with a symptom of gastrointestinal illness, including, without limitation, diarrhea or jaundice, may work in food service without special restriction, provided that the food employee furnishes written medical documentation to the health authority from a health practitioner that the symptom is due to a medical condition not transmissible from the food employee through food, including, without limitation, Crohn's disease, irritable bowel syndrome, ulcerative colitis or Hepatitis C.

2. As used in this section, "health practitioner" means a physician licensed to practice medicine or, if allowed by law, an advanced practice registered nurse, physician assistant or a person with similar qualifications.

Nev. Admin. Code § 446.056

Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013

NRS 439.200, 446.940