HomeMy Public PortalAboutCDC Managers and Sick Employees ConversationCan Restaurant Managers Talk with Sick Workers?
3 Things Restaurant Managers Need To Know
Restaurant managers: Talk to your employees
about their symptoms and diagnoses so you
can make sure sick workers don't spread
foodborne illness.
• Nearly half of restaurant -related outbreaks are caused by
sick food workers.
• Managers need to know if their workers are sick so they
can decide if they should handle food.
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Three Things To Know
The Food Code encourages employee and manager conversations about foodborne illness.
• The Food Code is a science -based model code published by the Food and Drug Administration that
states can use to develop or update their food safety rules to help prevent illness and outbreaks.
• It says that employees should tell their managers about possible foodborne illness symptoms and
that it is the manager's responsibility to ensure employees are aware of these reporting requirements.
• Most state and local food codes in the United States are modeled on the FDA Food Code.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not prevent
restaurant managers from asking employees about foodborne illness symptoms and
diagnoses.
• HIPAA sets privacy standards for protected health information.
• HIPAA does prevent a health care provider from sharing health information about an employee with
that employee's manager but it does not prevent a restaurant manager from asking an employee
about their illness symptoms.
The Americans with Disabilities Act of 1990 (ADA) does not prevent managers from asking
employees about foodborne illness symptoms and diagnoses.
• ADA seeks to prevent discrimination and ensure equal opportunity for persons with disabilities.
• Mostfoodborne illnesses are mild and short-term and are not considered disabilities under ADA.
• If an employee does not have an ADA disability, the manager can follow the Food Code's guidance
without considering the ADA. And in the rare event that an employee does have a foodborne illness
that is considered a disability, employers would consider both ADA and the Food Code.
Restaurant managers and employees can work together to prevent the spread of foodborne illnesses.
Where Can I Learn More?
For access to the full article this content is based on and other helpful links,
visit www.cdc.gov/nceh/ehs/activities/can-restaurant-managers-talk-with-sick-workers
National Center for Environmental Health
Division of Environmental Health Scienc
CS287257-A