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A food safety newsletter brought to you by Union County Environmental Health |
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Preventing sick food service workers from handling food can be challenging for both managers and regulatory agencies, but doing so is crucial in preventing the spread of harmful pathogens to customers. Studies conducted by the Centers for Disease Control and Prevention (CDC) show concerning communication gaps between managers and sick food service employees. Many food employees reported that managers were not involved in their decision to work while ill and also revealed they never told their managers about their symptoms. This communication breakdown can leave a food establishment vulnerable to a foodborne illness outbreak.
Circumstances Affecting Manager and Employee Communication
According to a study conducted by the CDC’s Environmental Health Specialists Network, one in five food service workers reported they had worked while experiencing diarrhea and vomiting for at least one shift in the previous year due to the following reasons:
- Lack of policies requiring workers to report illness to manager.
- Lack of paid sick leave.
- Lack of on-call workers.
- Lack of manager experience.
- Fear of losing their job.
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The CDC reports a shared misconception among food industry professionals that federal laws, such as The Health Insurance Portability and Accountability Act of 1996 (HIPPA) and The Americans with Disabilities Act of 1990 (ADA), impede their ability to ask employees about foodborne illness symptoms. This could explain why some managers hesitate to take a more active role in employee health.
HIPPA regulations prevent health care providers from sharing an employee’s health information with their employer; they do not prevent a manager from asking employees about their symptoms or diagnoses.
ADA laws prevent managers from asking employees if they have a disability. Most short-term foodborne illnesses are not considered to be disabilities, allowing managers to follow the employee health guidance found in the Food Code. Click here for more information about ADA compliance for food service employers.
Manager and employee communication responsibilities
Section 2-103.11 of the NC Food Code requires the person in charge (PIC) to inform food employees of their reporting responsibilities in a verifiable manner, such as written procedures or training covering the following information:
- Reportable symptoms and illnesses.
- Reporting a diagnosed illness exposure.
- Work restrictions and exclusions.
- Returning to work after an exclusion.
The Food Employee Reporting Agreement can be used as a training tool to meet this requirement.
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Section 2-201.11 of the NC Food Code details the responsibilities of the PIC and the employee.
The person in charge is responsible for:
- Informing employees of reportable symptoms and illnesses.
- Informing employees to report exposures to reportable illnesses.
- Excluding and restricting employees.
- Informing the regulatory authority when an employee is jaundiced or diagnosed with a reportable illness.
Employee responsibilities include:
- Informing the PIC when experiencing a reportable symptom or when diagnosed with a reportable illness.
- Additional information should be provided, such as the onset date of symptoms of an illness or a diagnosis without symptoms.
- Reporting exposures to reportable illnesses to the PIC.
- Complying with exclusion and restriction requirements.
Open communication between managers and employees is key
Food service owners and managers can create an atmosphere of open communication and help reduce the number of sick employees who report to work by:
- Prioritizing employee health training.
- Having open-door policies that encourage workers to tell managers when they are ill.
- Preparing a line-up of on-call employees to replace sick workers.
- Providing paid leave for sick employees.
Training resources that provide specific decision-making tools help reduce anxiety and confusion between managers and employees, leading to more open discussions between them. The new Employee Health Policy Tool designed by the Food and Drug Administration (FDA) is a valuable resource that both managers and employees can easily use to determine when an employee must be excluded or restricted. This program guides users through answering reportable symptom and illness questions based on their role in the establishment.
More information about this new training tool can be found here.
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