307

307.1

If a food employee is not diagnosed with an infection from hepatitis A virus or Salmonella Typhi, the person in charge may:

1. (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
2. (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. P

307.2

If a food employee was diagnosed with an infection from Norovirus and excluded under § 305.1(b), the person in charge shall:

1. (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) are met; P or
2. (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. P

307.3

If a food employee was diagnosed with an infection from Shigella spp. or Entrohemorrhagic or Shiga Toxin-Producing Escherichia coli and excluded under § 305.1(b), the person in charge shall:

1. (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
2. (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. P

307.4

The 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.

307.5 The 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. P

307.6 The 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. P

307.7 The person in charge shall reinstate a food employee who was excluded under § 305.1(b) or restricted under § 306.1 or § 307.3 for Shigella spp. or Entrohemorrhagic 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 Shigella spp. or Entrohemorrhagic 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. P

307.8 The 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 Streptococcus pyogenes infection for more than twenty-four (24) hours; P

(b) Has at least one negative throat specimen culture for Streptococcus pyogenes infection; P or

(c) Is otherwise determined by a licensed physician or physician's assistant to be free of a Streptococcus pyogenes infection. P

307.9 The 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. P

307.10

The 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 Shigella spp. 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. P

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).