S.D. Admin. R. 44:02:07:07

Current through Register Vol. 51, page 54, October 28, 2024

Section 44:02:07:07 - Employee exclusions and restrictions

The person in charge must exclude an ill employee or advise the employee to seek medical diagnosis. Upon receipt of medical documentation, the person in charge must restrict or exclude the employee in the following manner:

(1) Exclude a food employee from a food establishment if the food employee is diagnosed with an infectious agent specified in subdivision 44:02:07:06(1);

(2) Except as specified under subdivision (3) of this section, restrict a food employee from working with exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles in a food establishment if the food employee is:

(a) Suffering from a symptom specified in subdivision 44:02:07:06(2); or

(b) Is not experiencing a symptom of acute gastroenteritis specified in subdivision 44:02:07:06(2)(a) but has a stool that yields a specimen culture that is positive for Salmonella spp. or Shigella spp.;

(3) If the population served is a highly susceptible population, exclude a food employee who:

(a) Is experiencing a symptom of acute gastrointestinal illness specified in subdivision 44:02:07:06(2)(a) and meets a high-risk condition specified in subdivisions 44:02:07:06(4)(a)-(c);

(c) Had a past illness from Salmonella spp. within the last three months; or

(d) Had a past illness from Shigella spp. or E. coli 0157:H7 within the last month; and

(4) For a food employee who is jaundiced;

(a) If the onset of jaundice occurred within the last seven calendar days, exclude the food employee for the food establishment; or

(b) If the onset of jaundice occurred more than seven calendar days before:

(i) Exclude the food employee from a food establishment that serves a highly susceptible population; or

(ii)Restrict the food employee from activities specified in subdivision 44:02:07:07(2) if the food establishment does not serve a highly susceptible population.

S.D. Admin. R. 44:02:07:07

23 SDR 195, effective 5/26/1997.

General Authority: SDCL 34-1-17, 34-18-22.

Law Implemented: SDCL 34-18-22, 34-18-25.