410 IAC 7-26-137 Responsibility of owner, person in charge, and employees

Sec. 137. (a) The owner or operator of a retail food establishment 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 way that allows the person in charge to reduce the risk of foodborne disease transmission, including providing additional necessary information, such as the date of onset of symptoms and an illness, or a diagnosis without symptoms, if the food employee or conditional employee: (1) has any of the following symptoms: (A) Vomiting. (B) Diarrhea. (C) Jaundice. (D) A sore throat with fever. (E) A lesion containing pus, such as a boil or an infected wound that is open or draining, and is: (i) 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; (ii) on exposed portions of the arms, unless the lesion is protected by an impermeable cover; or (iii) on other parts of the body, unless the lesion is covered by a dry, durable, tight fitting bandage; (2) has an illness diagnosed by a health practitioner due to: (A) norovirus; (B) hepatitis A virus; (C) shigella spp.; (D) STEC; (E) typhoid fever; or (F) Salmonella (nontyphoidal); (3) had typhoid fever, diagnosed by a health practitioner, within the past three (3) months, without having received antibiotic therapy, as determined by the health practitioner; (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 forty-eight (48) hours of the last exposure; (B) STEC or Shigella spp. within the past three (3) days of the last exposure; (C) typhoid fever within the past fourteen (14) days of the last exposure; or (D) hepatitis A virus within the past thirty (30) days of the last exposure; 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 knows about, an individual who works or attends a setting where there is a confirmed disease outbreak, or living in the same household as, and knows about, an individual diagnosed with an illness caused by: (A) norovirus within the past forty-eight (48) hours of the last exposure; (B) STEC or Shigella spp. within the past three (3) days of the last exposure; (C) typhoid fever caused by Salmonella Typhi within the past fourteen (14) days of the last exposure; or (D) hepatitis A virus within the past thirty (30) days of the last exposure. (b) The person in charge shall notify the regulatory authority when a food employee is: (1) jaundiced; or (2) diagnosed with an illness due to a pathogen as specified under subsection (a)(2)(A) through (a)(2)(F). (c) The person in charge shall ensure that a conditional employee: (1) who exhibits or reports a symptom, or reports a diagnosed illness as specified under subsection (a)(1) through (a)(3), is prohibited from becoming a food employee until the conditional employee meets the criteria for the specific symptoms or diagnosed illness as specified under section 139 of this rule; and (2) who will work as a food employee in a retail food establishment that serves as a highly susceptible population as defined in section 59 of this rule and reports a history of exposure as specified under subsection (a)(4) and (a)(5), is prohibited from becoming a food employee until the conditional employee meets the criteria as specified under section 139(a)(9) of this rule. (d) The person in charge shall ensure that a food employee who exhibits or reports a symptom, or reports a diagnosed illness or history of exposure as specified under subsection (a)(1) through (a)(5) is: (1) excluded as specified under section 138(a)(1) through 138(a)(3) of this rule, section 138(a)(4)(A) through 138(a)(6)(A) of this rule, and section 138(a)(7) or 138(a)(8)(A) of this rule, and in compliance with the provisions specified under section 139(a)(1) through 139(a)(8) of this rule; or (2) restricted as specified under section 138(a)(4)(B), 138(a)(5)(B), 138(a)(6)(B), and 138(a)(8)(B) of this rule, or section 138(a)(9) or 138(a)(10) of this rule, and in compliance with the provisions specified under section 139(a)(4) through 139(a)(10) of this rule. (e) A food employee or conditional employee shall report to the person in charge the information as specified under subsection (a). (f) A food employee shall: (1) comply with an exclusion as specified under section 138(a)(1) through 138(a)(3) of this rule, section 138(a)(4)(A) through 138(a)(6)(A) of this rule, and section 138(a)(7) or 138(a)(8)(A) of this rule, and with the provisions specified under section 139(a)(1) through 139(a)(8) of this rule; or (2) comply with a restriction as specified under section 138(a)(4)(B) through 138(a)(6)(B) of this rule, or section 138(a)(7), 138(a)(8)(B), 138(a)(8) [sic], 138(a)(9), or 138(a)(10) of this rule, and comply with the provisions specified under section 139(a)(4) through 139(a)(10) of this rule. (g) For purposes of this section, a violation of subsection (a), (c), (d), or (f) is a P item. (h) For purposes of this section, a violation of subsection (b) or (e) is a PF item.