Okla. Admin. Code § 310:285-5-11

Current through Vol. 42, No. 7, December 16, 2024

Section 310:285-5-11 - Removal, adjustment, or retention of exclusions and restrictions for food employees

(a) The person in charge shall adhere to the following conditions when removing, adjusting, or retaining the exclusion or restriction of an employee: Except when an employee is diagnosed with Typhoid fever or an infection from hepatitis A virus:

(1) Reinstate an employee who was excluded as specified under OAC 310:285-5-10(a)(1) if the employee:

(A) Is asymptomatic for at least 24 (twenty four) hours; or

(B) Provides to the person in charge written medical documentation from a health practitioner that states the symptom is from a noninfectious condition.

(2) If an employee was diagnosed with an infection from Norovirus and excluded as specified under OAC 310:285-5-10(a)(2), restrict the employee, who is asymptomatic for at least 24 (twenty four) hours, until the conditions for reinstatement as specified under (d)(1) or (d)(2) of this section are met; or

(3) If an employee was diagnosed with an infection from Shigella spp. and excluded as specified under OAC 310:285-5-10(a)(2), adjusting exclusion for food employee who was symptomatic and is now asymptomatic. Restrict the food employee, who is asymptomatic for at least twenty four (24) hours and works in a food service establishment not serving a highly susceptible population, until the conditions for reinstatement as specified in (a)(5)(A) or (a)(5)(B) of this Section are met; or

(4) If an employee was diagnosed with an infection from Shiga Toxin-Producing Escherichia Coli and excluded as specified under OAC 310:285-5-10(a)(2), restrict the employee, who is asymptomatic for at least 24 (twenty four) hours, until the conditions for reinstatement as specified under (f)(1) or (f)(2) of this section are met; or

(5) If an employee was diagnosed with an infection from Salmonella (nontyphoidal) and excluded as specified under OAC 310:285-5-10(a)(2):

(A) Restrict the employee, who is asymptomatic for at least 30 (thirty) days until conditions for reinstatement as specified under (g)(1) or (g)(2) of this section are met; or

(B) Retain the exclusion for the employee who is symptomatic, until conditions for reinstatement as specified under Paragraphs (g)(1) or (g)(2) of this section are met.

(b) Reinstate an employee who was excluded as specified under OAC 310:285-5-10(b) if the person in charge obtains approval from the Department and one of the following conditions is met:

(1) The employee has been jaundiced for more than 7 (seven) calendar days;

(2) The employee has been symptomatic with symptoms other than jaundice for more than 14 (fourteen) calendar days; or

(3) The employee provides to the person in charge written medical documentation from a health practitioner stating that the employee is free of a hepatitis A virus infection.

(c) Reinstate an employee who was excluded as specified under OAC 310:285-5-10(c) if:

(1) The person in charge obtains approval from the Department; and

(2) The employee provides to the person in charge written medical documentation from a health practitioner that states the employee is free from Typhoid fever.

(d) Reinstate an employee who was excluded as specified under OAC 310:285-5-10(a)(2), who was restricted under OAC 310:285-5-10(d) if the person in charge obtains approval from the Department and one of the following conditions is met:

(1) The excluded or restricted employee provides to the person in charge written medical documentation from a health practitioner stating that the employee is free of a Norovirus infection;

(2) The employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than 48 (forty eight) hours have passed since the employee became asymptomatic; or

(3) The employee was excluded or restricted and did not develop symptoms and more than 48 (forty eight) hours have passed since the employee was diagnosed.

(e) Reinstate an employee who was excluded as specified under OAC 310:285-5-10(a)(2) or (e) or who was restricted under OAC 310:285-5-10(e) if the person in charge obtains approval from the Department and one of the following conditions is met:

(1) The excluded or restricted employee provides to the person in charge written medical documentation from a health practitioner stating that the employee is free of a Shigella spp. infection based on test results showing 2 (two) consecutive negative stool specimen cultures that are taken:

(A) Not earlier than 48 (forty eight) hours after discontinuance of antibiotics, and

(B) At least 24 (twenty four) hours apart;

(2) The employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than 7 (seven) calendar days have passed since the food employee became asymptomatic; or

(3) The employee was excluded or restricted and did not develop symptoms and more than 7 (seven) calendar days have passed since the food employee was diagnosed.

(f) Reinstate an employee who was excluded or restricted as specified under OAC 310:285-5-10(a)(2) or who was restricted under OAC 310:285-5-10(f) if the person in charge obtains approval from the Department and one of the following conditions is met:

(1) The excluded or restricted employee provides to the person in charge written medical documentation from a health practitioner stating that the employee is free of an infection from Shiga Toxin-Producing Escherichia Coli based on test results that show 2 (two) consecutive negative stool specimen cultures that are taken:

(A) Not earlier than 48 (forty eight) hours after discontinuance of antibiotics; and

(B) At least 24 (twenty four) hours apart;

(2) The employee was excluded or restricted after symptoms of vomiting or diarrhea resolved and more than 7 (seven) calendar days have passed since the employee became asymptomatic; or

(3) The employee was excluded or restricted and did not develop symptoms and more than 7 (seven) days have passed since the employee was diagnosed.

(g) Reinstate an employee who was excluded as specified under OAC 310:285-5-10(a)(2) or who was restricted as specified under OAC 310:285-5-10(g) if the person in charge obtains approval from the Department and one of the following conditions is met:

(1) The excluded or restricted employee provides to the person in charge written medical documentation from a health practitioner stating that the employee is free of a Salmonella (nontyphoidal) infection based on test results showing 2 (two) consecutive negative stool specimen cultures that are taken;

(A) Not earlier than 48 (forty eight) hours after discontinuance of antibiotics, and

(B) At least 24 (twenty four) hours apart;

(2) The employee was restricted after symptoms of vomiting or diarrhea resolved, and more than 30 (thirty) days have passed since the employee became asymptomatic; or

(3) The employee was excluded or restricted and did not develop symptoms and more than 30 (thirty) days have passed since the employee was diagnosed.

(h) Reinstate an employee who was excluded or restricted as specified under OAC 310:285-5-10(h) if the employee provides to the person in charge written medical documentation from a health practitioner stating that the employee meets one of the following conditions:

(1) Has received antibiotic therapy for Streptococcus pyogenes infection for more than 24 (twenty four) hours;

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

(3) Is otherwise determined by a health practitioner to be free of a Streptococcus pyogenes infection.

(4) Reinstate an employee who was restricted as specified under OAC 310:285-5-10(i) if the skin, infected wound, cut, or pustular boil is properly covered with one 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;

(B) An impermeable cover on the arm if the infected wound or pustular boil is on the arm; or

(C) A dry, durable, tight-fitting bandage if the infected wound or pustular boil is on another part of the body.

Okla. Admin. Code § 310:285-5-11

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