Haw. Code R. § 11-50-11 - Prevention of foodborne disease transmission by employees

(a) The department shall act when it has reasonable cause to believe that a food employee or conditional employee has possibly transmitted disease; may be infected with a disease in a communicable form that is transmissible through food; may be a carrier of Infectious agents that cause a disease that is transmissible through food; or is affected with a boil, an infected wound, or acute respiratory infection, by:

(1) Securing a confidential medical history of the food employee or conditional employee suspected of transmitting disease or making other investigations as deemed appropriate; and

(2) Requiring appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected food employee or conditional employee.

(b) Based on the findings of an investigation related to a food employee or conditional employee who is suspected of being infected or diseased, the department may issue an order to the suspected food employee, conditional employee, or owner or operator instituting one or more of the following control measures:

(1) Restricting the food employee or conditional employee;

(2) Excluding the food employee or conditional employee; or

(3) Closing the food establishment by summarily suspending a permit to operate pursuant to section 11-50-12(c).

(c) Based on the findings of the investigation as specified in subsection (a) and to control disease transmission, the department may issue an order of restriction or exclusion to a suspected food employee or the owner or operator without prior warning, notice of a hearing, or a hearing if the order:

(1) States the reasons for the restriction or exclusion that is ordered;

(2) States the evidence that the food employee or owner or operator shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated;

(3) States that the suspected food employee or the owner or operator may request an appeal hearing by submitting a timely request as provided in law; and

(4) Provides the name and address of the department representative to whom a request for an appeal hearing may be made.

(d) The department shall release a food employee or conditional employee from restriction or exclusion according to law and the conditions specified in section 11-50-21(c) .

Notes

Haw. Code R. § 11-50-11

[Eff FEB 24 2014] (Auth: HRS § 321-11) (Imp: HRS § 321-11) Am and Comp 9/1/2017