There is no question that the three major factors contributing to foodborne diseases that are in the control of a food service operation are temperature control, prevention of cross-contamination, and employee health/hygiene. There is a significant misnomer that the lack of either an insurance program or a paid sick leave policy in any way exempts employee health requirements that are part of the Food Code and most all state regulations concerning employees who handle food.
In a retail establishment, “The PERMIT HOLDER 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.” Specifically, reportable symptoms are vomiting, diarrhea, jaundice, sore throat with fever or any lesion containing puss such as a boil or infected wound that is open or draining and is on a hand, wrist, arm or other part of the body that is exposed and cannot be covered by a dry, durable, tight-fitting bandage.
Furthermore, if the employee has been diagnosed by a health care provider with Norovirus, Hepatitis A virus, Shigella, Enterohemorrhagic or Shiga toxin-producing Escherichia coli or Salmonella, these conditions are reportable. in addition, if the employee has been exposed to or is the suspected source of a confirmed disease outbreak where the employee or conditional employee consumed or prepared food implicated in the outbreak or consumed food at an event prepared by a person who was infected with Norovirus (within the past 48 hours of last exposure), Salmonella (past 72 hours of last exposure) , Shigella (past 3 days of last exposure), Hepatitis A (past 30 days of last exposure) or Enterohemorrhagic or Shiga toxin-producing Escherichia coli.
Any employee exhibiting these signs, symptoms or have been diagnosed with the aforementioned diseases must be excluded from work. Furthermore, the individual employee must, per the Food Code and most state health regulations, comply with the exclusion and/or any restrictions placed by the employer and/or health care provider including the Department of Health.
It is our recommendation that employees upon hiring be educated, not only to their responsibilities of their individual tasks, of their individual jobs and any cross training that management desires but also have a clearly designed statement to show that they have read and understand the aforementioned diseases and conditions that trigger the notification of management that they must be placed off duty in our opinion for at least 24 hours AFTER the cessation of vomiting, diarrhea or fever.
Some forward thinking organizations actually have employees sign a statement attesting and agreeing that they will report to the manager on duty if they are experiencing the aforementioned signs and symptoms of disease, as well as any other illnesses or conditions, that can be communicated through food. This document is witnessed and co-signed with a date by the manager.
We at EHA strongly recommend all food service facilities adopt such health education and documentation to protect the public’s health. In addition, helpful hints for good personal hygiene are also encouraged in the same type of document discussing daily bathing, clean and trim fingernails, restraining hair and clothing/uniform requirements.
Some health departments routinely and/or, if there is the allegation of foodborne disease, will ask employees about such a policy and it is clearly embarrassing and can lead to further regulatory involvement if employees have not been educated and trained in a policy that requires exclusion from work if they are sick with signs, symptoms or diseases that can be transmissible through food.