Banning Municipal Code Art. II Employee Health Certification

It shall be the duty of all owners or managers of food establishments to report to the enforcement officer any person in his employ reasonably suspected of being afflicted with any communicable disease, whereupon it shall be the duty of the enforcement officer to examine or cause to be examined such person, who shall no longer be permitted to work in any food establishment without a written permit signed by the enforcement officer.

(Code 1965, § 9-15.)

A. No person who knows he is infected with active communicable tuberculosis shall engage or serve or seek employment of any work, occupation or employment which requires or occasions the handling of any food or liquid or material intended for food or drink for human consumption, or the handling of any dishes or other articles used in the preparation or service of food or drink for human consumption, and no owner, manager or agent of such owner, or person in charge, of any establishment or business shall retain in the employ thereof for the performance of such services, for a longer period than three weeks, any person who does not hold and produce a health certificate as required by this section, or, for any period whatsoever, any person known or reasonably believed to be infected with active communicable tuberculosis.

B. This requirement for a health certificate shall not apply to domestic or household work or to temporary, occasional or intermittent functions of bona fide religious, charitable or public service organizations, including fraternal organizations, veterans organizations, established youth organizations, parent-teacher associations and civic or community organizations or groups, the primary purpose of which is the betterment of the cultural, social or economic welfare and environment of the community.

(Code 1965, § 9-16.)

A. Each person who is engaged or intends to engage in an occupation or employment for which a health certificate is required by Section 8.24.110 of this chapter shall, before or within three weeks after he begins such work, file with the enforcement officer an application for a health certificate, in such form as the enforcement officer may require. Such application shall be accompanied by a signed statement of a physician duly authorized to practice medicine in the state or a report from an organization acceptable to the enforcement officer, showing that the applicant is free of active communicable tuberculosis. Such statement or report shall show that within six months of the date of application the applicant has received one of the following:

1. Normal chest X-ray which shows the applicant to be free of active communicable tuberculosis;

2. An intradermal Mantoux test, the result of which was negative.

B. The statement or report shall show that in the Mantoux test no less than five tuberculin units, which is the equivalent of .0001 milligrams intermediate PPD or one to two thousand solution of old tuberculin freshly prepared have been used. Induration of six or more millimeters will be construed as a positive skin test. All positive skin test reactors to the Mantoux test will be required to obtain a chest X-ray. Such statement or report shall bear a date of not more than six months before the date of application.

(Code 1965, § 9-17.)

A. If the enforcement officer determines from an examination of the statement or report accompanying an application for a health certificate under this article, or from such other evidence as he may require, that the applicant for a health certificate is free from active communicable tuberculosis, he shall immediately issue a health certificate to the applicant which shall state such fact, and which shall bear the name of the applicant and the date of issuance. Such health certificate shall expire one year after the date it was issued.

B. Any person whose health in the opinion of the enforcement officer requires further investigation may be issued a temporary health certificate at the discretion of the enforcement officer for a period up to three months during which time such investigation shall be carried out to determine the presence of active communicable tuberculosis.

(Code 1965, § 9-18.)

A valid and effective certificate of health indicating that the applicant is free from active communicable tuberculosis, issued by any regularly constituted public health department and bearing a date of issuance, shall be accepted, in lieu of the health certificate issued by the enforcement officer pursuant to this article, during its period of validity, not to exceed one year from the date of its issuance.

(Code 1965, § 9-19.)

The enforcement officer for good cause may issue duplicate health certificates under this article.

(Code 1965, § 9-20.)

Each person required to have a health certificate shall immediately submit such certificate to the employer of such person. It shall be the duty of every such employer to keep on continuous display at the place of employment the health certificates of all such persons employed or engaged thereat, and to display therewith a current list of all such persons there engaged or employed, for comparison with the displayed certificates. Upon termination of employment each unexpired certificate shall be returned to the holder.

(Code 1965, § 9-21.)

The enforcement officer may revoke any health certificate whether issued by himself or other authority, and require its surrender, whenever he determines that the holder thereof is infected with active communicable tuberculosis.

(Code 1965, § 9-22.)