HELP!!!

C Wilson · June 2007

[font size="1" color="#FF0000"]LAST EDITED ON 06-27-07 AT 08:23AM (CST)[/font][br][br]We received an anonymous call that one of our cooks has hepatitis. The employee admits that he has Hepatitis B and has had it for 30 years.

Our GM instructed this employee to get tested & bring in a note saying that he had been tested for hepatitis. This all happened over the weekend & I learned of it Monday. The employee went to ER and brought in a note; “To the best of our knowledge the employee is able to work at your facility”. Our GM said this is not good enough. He wants the employee to be tested and bring in his test results.

What are your thoughts?

hr92175 · June 2007

Ouch! This is a tough one because if you let him go after the doctor OK's him to work for your company, then he may bring a lawsuit against you. Then again, if an employee becomes ill, you could be held liable. While I don't think test results should be demanded, I think the Doctor's note should give more info than "to the best of my knowledge." I would want something in writing stating that, based on his job duites, he does not pose any kind of health threat to anyone in your organization.

C Wilson · June 2007

[font size="1" color="#FF0000"]LAST EDITED ON 06-27-07 AT 10:09AM (CST)[/font][br][br]Hepatitis B is only transmitted through blood or sexual contact. So he poses no health threat. Hepatitis A is the one that can be transmitted by contaminated food and only while the virus is active, usually a one to four week period. The ER doctor is limited by Hippa regulations as to the information that he can reveal to us, but had it been Hepatitis A the employee would not be allowed to return to work.

I have the doctor’s note & I have also printed off information on Hepatitis B from the CDC website. I think we have full-filled our responsibility as an employer in protecting our employees and our members

ray a · June 2007

Sounds like you have done a thorough job. A couple years ago an ee informed us he had been diagnosed with AIDS. We are a mfg facility, so no food is handled, thus the risks of others being infected was nil as long as he was careful. Did you give that info you printed off to your GM to read? Sounds like it would be helpful if he did.

lrobb · June 2007

To the best of our knowledge would send a red flag up for me. I would have another MD (at company cost)reply to a question like,"EE states he has Hep B. He is a cook at our facility. Does his continued employment as a cook pose a risk of exposure to our other employees?" If so, how can we minimize this risk? I have been working in the medical field for 20 years and to the best of our knowledge seems to me like they are trying hard not to tell you something you should know. Or attempting to limit their liability for what they are telling you.

stilldazed · June 2007

Check the food code and any state regulation for your state. Hep A is on the Big 4 list in the food code, not Heb B. Here's the Big 4 list and a link:

2-201.11(A)

(1) Salmonella Typhi,

(2) Shigella spp.,

(3) Shiga toxin-producing Escherichia coli, or

(4) Hepatitis A virus

http://www.cfsan.fda.gov/~dms/fc01-2.html#2-201.11(A)

Another fairly quick source would be CDC.

FYI and in case you have a need, EEOC has a publication on food service workers and ADA entitled "How to Comply with the Americans with Disabilities Act: A Guide for Restaurants and Other Food Service Employers." A copy is available from their web page for downloading.

Best wishes.

HELP!!!

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