WAC 246-215-251   Employee health.  (1) The provisions of this section replace the provisions of Food Code part 2-2, regarding employee health.

     (2) Food employees must not work in or around any place where unwrapped or unpackaged food or beverage products are prepared, sold, or offered for sale if they know themselves to have:

     (a) A symptom of gastrointestinal infection such as diarrhea, vomiting, or jaundice, except as provided in subsection (9) of this section;

     (b) A diagnosed infection by a disease agent that can be transmitted from a food employee through food, including Salmonella spp., Shigella spp., shiga toxin-producing Escherichia coli, or hepatitis A virus; or

     (c) A lesion that appears inflamed or contains pus, such as a boil or infected wound, and 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.

     (3) Food employees must immediately report to the person in charge when they know they have:

     (a) A symptom of gastrointestinal infection, as described in subsection (2)(a) of this section;

     (b) A diagnosed infection by a disease agent that can be transmitted from a food employee through food, including Salmonella spp., Shigella spp., shiga toxin-producing Escherichia coli, or hepatitis A virus; or

     (c) A lesion that appears inflamed or contains pus and that is not covered as described in subsection (2)(c) of this section.

     (4) The person in charge of the food establishment must notify the regulatory authority about any food employee known to have:

     (a) Jaundice, except as provided in subsection (9) of this section; or

     (b) An infection by a disease agent that can be transmitted from a food employee through food, including Salmonella spp., Shigella spp., shiga toxin-producing Escherichia coli, or hepatitis A virus.

     (5) The person in charge of a food establishment must restrict any food employee from working in or around any place where unwrapped or unpackaged food or beverage products are prepared, sold, or offered for sale who is known to have:

     (a) A symptom of gastrointestinal infection such as diarrhea, vomiting, or jaundice, except as provided in subsection (9) of this section;

     (b) An infection by a disease agent that can be transmitted from a food employee through food including Salmonella spp., Shigella spp., shiga toxin-producing Escherichia coli, or hepatitis A virus; or

     (c) A lesion that appears inflamed or contains pus and that is not covered as described in subsection (2)(c) of this section.

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

     (a) A current symptom of diarrhea, vomiting, or jaundice, except as provided in subsection (9) of this section;

     (b) An infection by Salmonella Typhi within the last three months unless approved to be released from exclusion by the regulatory authority; or

     (c) An infection by Shigella spp., shiga toxin-producing Escherichia coli, hepatitis A virus, or a Salmonella spp. other than Salmonella Typhi within the last month unless approved to be released from exclusion by the regulatory authority.

     (7) The person in charge of a food establishment and all employees must cooperate with public health officials investigating:

     (a) An illness outbreak associated with food;

     (b) An illness outbreak suspected to be associated with food; or

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

     (8) The person in charge of a food establishment and food employees must comply with orders issued by the regulatory authority for excluding employees from a food establishment or restricting employee activities due to a diagnosed or suspected infection by a disease agent that can be transmitted from a food employee through food until the regulatory authority rescinds the order based on:

     (a) Provisions of Food Code part 8-5, regarding prevention of foodborne disease transmission by employees; or

     (b) Disease information contained in Control of Communicable Diseases Manual, 17th edition, James Chin (editor), American Public Health Association, 2000.

     (9) A food employee with a symptom of gastrointestinal illness, such as diarrhea or jaundice, may work in food service without special restriction, provided that the food employee furnishes written medical documentation to the regulatory authority from a licensed physician, nurse practitioner, or physician assistant that the symptom is due to a medical condition not transmissible through food, such as Crohn's disease, irritable bowel syndrome, ulcerative colitis, or hepatitis C.

     (10) Food Code paragraph 8-501.40(C), regarding releasing a food employee from restriction or exclusion, is amended to read: "A food employee who was infected with Shigella spp., shiga toxin-producing Escherichia coli, or a Salmonella spp. other than Salmonella Typhi if the food employee's stools are negative for these bacteria based on testing of 2 consecutive stool specimen cultures that are taken..."



[Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. 04-22-111, § 246-215-251, filed 11/3/04, effective 5/2/05.]