Okla. Admin. Code § 310:257-3-4

Current through Vol. 42, No. 4, November 1, 2024

Section 310:257-3-4 - Responsibility of the license holder, person in charge, and employees

(a)Employee reporting. The license 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. A food employee or conditional employee shall report the information in a manner that allows the person in charge to reduce the risk of foodborne disease transmission, including providing necessary additional information, such as the date of onset of symptoms and an illness, or of a diagnosis without symptoms, if the food employee or conditional employee:

(1)Reportable symptoms. Has any of the following symptoms:

(A) Vomiting,

(B) Diarrhea,

(C) Jaundice,

(D) Sore throat with fever; or

(E) A lesion containing pus such as a boil or infected wound that is open or draining and is:

(i) On the hands or wrists, unless an impermeable cover such as a fingercot 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)Reportable diagnosis. Has an illness diagnosed by a health practitioner due to:

(A) Norovirus,

(B) Hepatitis A virus,

(C)Shigella species,

(D) Shiga toxin-producing Escherichia coli,

(E) Typhoid fever (caused by Salmonella Typhi), or

(F)Salmonella (non-typhoidal);

(3)Reportable past illness. Had Typhoid fever, diagnosed by a health practitioner, within the past three (3) months, without having received antibiotic therapy, as determined by a health practitioner;

(4)Reportable history of exposure. 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) Shiga Toxin-Producing Escherichia coli 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)Reportable history of exposure. 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 has knowledge about, an individual who works or attends a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about, an individual diagnosed with an illness caused by:

(A) Norovirus within the past forty-eight (48) hours of the last exposure,

(B) Shiga Toxin-Producing Escherichia coli 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)Responsibility of person in charge to notify the regulatory authority. The person in charge shall notify the regulatory authority within twenty-four (24) hours or the next business day, if the facility or regulatory authority is not open the following day, when a food employee is:

(1) Jaundiced, or

(2) Diagnosed with an illness due to a pathogen as specified under (a)(2) (A) through (F) of this Section.

(c)Responsibility of the person in charge to prohibit a conditional employee from becoming a food employee. The person in charge shall ensure that a conditional employee:

(1)Has symptoms or diagnosis. Who exhibits or reports a symptom, or who reports a diagnosed illness as specified under (a)(1) through (a)(3) of this Section, is prohibited from becoming a food employee until the conditional employee meets the criteria for the specific symptoms or diagnosed illness as specified under OAC 310:257-3-6; and

(2)Had exposure. Who will work as a food employee in a food establishment that serves a highly susceptible population and reports a history of exposure as specified under (a)(4) through (a)(5) of this Section, is prohibited from becoming a food employee until the conditional employee meets the criteria as specified under OAC 310:257-3-6(a)(10).

(d)Responsibility of the person in charge to exclude or restrict. The person in charge shall ensure that a food employee who exhibits or reports a symptom, or who reports a diagnosed illness or a history of exposure as specified under (a)(1) through (a)(5) of this Section is:

(1)Exclusions. Excluded as specified under OAC 310:257-3-5 (relating to exclusions and restrictions) and in compliance with OAC 310:257-3-6 (relating to removal, adjustment, or retention of exclusions and restrictions); or

(2)Restrictions. Restricted as specified under OAC 310:257-3-5 and in compliance with the provisions specified under OAC 310:257-3-6.

(e)Responsibility of food employees and conditional employees to report. A food employee or conditional employee shall report to the person in charge, prior to beginning duties in the food establishment, the information as specified under (a) of this Section.

(f)Responsibility of food employees to comply. A food employee shall:

(1)Comply with exclusion. Comply with the exclusion as specified under OAC 310:257-3-5 and with the provisions specified under OAC 310:257-3-6.

(2)Comply with restrictions. Comply with the restrictions as specified under OAC 310:257-3-5 and comply with the provisions specified under OAC 310:257-3-6.

Okla. Admin. Code § 310:257-3-4

Added at 23 Ok Reg 2358, eff 6-25-06; Amended at 28 Ok Reg 2289, eff 11-1-11

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021