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Ill Worker

Ill Worker at Your Restaurant? What Do You Do?

As a manager of a retail food or foodservice operation, what do you do if an employee reports in ill with symptoms of vomiting and/or diarrhea? What if someone arrives at work with a sore throat and fever? If they have been diagnosed with symptoms of Norovirus or Hepatitis A?

Do you exclude them from work? Or restrict them from work that involves food? When can they then return to their regular job?

Such questions are commonly faced in food retail/service operations. While all the answers are in the Employee Health section of the 2022 Food Code (part 2-201), it’s not a simple matter to pull out and leaf through the code when you are faced with an immediate decision on an ill worker.

To simplify those decisions, FDA has developed an Employee Health Policy Tool. With click-through screens based on your responses to questions (e.g., What is your role? What symptoms are being presented? What is the worker’s role?), FDA provides responses on excluding or restricting the worker and requirements for return to work.

For example, if a worker presents with a sore throat and fever:

  • He/she should be excluded if serving a highly susceptible population (HSP); restricted if not serving HSP.
  • They can return to regular duties when providing medical documents that they received antibiotics for strep for more than 24 hours; have at least one negative throat culture for strep; or are determined by a health practitioner to be free of strep.
  • No health department approval is required for return to work.

If, however, a worker is diagnosed with symptoms of a reportable illness, such as Norovirus:

  • The worker should be excluded based on vomiting or diarrhea symptoms and the health department notified.
  • A worker in a HSP facility is to be excluded from work until medically cleared or 48 hours past any symptoms, and after approval is obtained from the health department
  • In a non-HSP facility, they can return to restricted work 24 hours after symptoms resolve, with the restriction remaining until medically cleared or 48 hours past any symptoms, and after approval is obtained from the health department.

The tool also includes click-through screens for employees, enabling them to click on a symptom (e.g., common cold, cough, vomiting, diagnosed with illness, etc.) and determine what they need to do. For example, a common cold should be reported to a supervisor and internal policies followed, while vomiting requires that they stop work immediately (or don’t go in if not already at work) and inform the supervisor. Included in the employee screens are notations such as: “Remember: protect people everywhere by not working when you are sick.”

With an FDA goal of encouraging practices that help prevent employee transmission of foodborne viruses and bacteria in food establishments, the tool simplifies the responsibilities of both managers and employees in relation to the presence of symptoms or the diagnosis of a disease that is transmissible through food. By providing this concise, easily accessible information on the Food Code restriction, exclusion, and reporting criteria, the tool helps simplify decision making for both employers and employees.

It should be remembered, however, that it is just that – a simplified tool. With the Food Code Section 2-201 covering 12 pages, it is impossible to include every specification and nuance in a top-level click-through tool. Thus, TAG recommends that food facilities set and enforce ill worker policies, and that all managers and supervisors review and/or be trained on the full section to ensure a full understanding and consumer protection. Training should also be held with employees to ensure they understand the “whys” as well as the “whats” of illness reporting, restrictions, and exclusions.

If you have questions, or would like assistance in developing or reviewing an Employee Health Policy, give TAG a call. Our public health experts can help!

All content in TAG articles, newsletters, and webpages are developed and written by TAG experts, not AI. We focus on the realities and the science to bring you the most current, exacting information possible.

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