Section 410IAC7-24-120. Responsibility to require reporting by food employees and applicants

   (a) The owner or operator of a retail food establishment shall require food employee applicants to whom a conditional offer of employment is made and food 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 applicant shall report the information in a manner that allows the person-in-charge to prevent the likelihood of foodborne disease transmission, including the date of onset of jaundice or of an illness specified under subdivision (3), if the food employee or applicant:

(1) is diagnosed with an illness due to:

(A) Salmonella spp.;

(B) Shigella spp.;

(C) Shiga toxin-producing Escherichia coli;

(D) hepatitis A virus; or

(E) norovirus; or

(2) has a symptom caused by illness, infection, or other source that is:

(A) associated with an acute gastrointestinal illness, such as:

(i) diarrhea;

(ii) fever;

(iii) vomiting;

(iv) jaundice; or

(v) sore throat with fever; or

(B) a lesion containing pus, such as a boil or infected wound that is open or draining and is on:

(i) the hands or wrists unless an impermeable cover, such as a finger cot or stall, protects the lesion and a single-use glove is worn over the impermeable cover;

(ii) exposed portions of the arms unless the lesion is protected by an impermeable cover; or

(iii) other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage;

(3) had a past illness from an infectious agent specified under subdivision (1); or

(4) meets one (1) or more of the following high-risk conditions, such as:

(A) Being suspected of causing, or being exposed to, a confirmed disease outbreak caused by Salmonella spp., Shigella spp., Shiga toxin-producing Escherichia coli, hepatitis A virus, or norovirus because the food employee or applicant:

(i) prepared food implicated in the outbreak;

(ii) consumed food implicated in the outbreak; or

(iii) consumed food at the event prepared by a person who is infected or ill with the infectious agent that caused the outbreak or who is suspected of being a shedder of the infectious agent.

(B) Living in the same household as a person who is diagnosed with a disease caused by Salmonella spp., Shigella spp., Shiga toxin-producing Escherichia coli, hepatitis A virus, or norovirus.

  (b) For purposes of this section, a violation of subsection (a) is a critical item. (Indiana State Department of Health; 410 IAC 7-24-120; filed Oct 13, 2004, 12:30 p.m.: 28 IR 840; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)