The COVID Project
The record
- Jurisdiction
- Minnesota
- Level
- State
- Authority
- Minn. Stat. §§ 144.05, 144.12, 157.011; Minn. R. ch. 4626
- Issued
- 2019-01-02 Jan. 2, 2019
- Effective
- standing (read as 2019-01-02)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Jan. 2, 2019 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding dutyOperating condition
- Addressees
- specified businesses (licensed food establishments: the person in charge and, through Minn. R. 4626.0024, the licensee)
- Character
- sanitary code duty
- Collection
- Standing duties: Minnesota DUT-MN
Operative words
The person in charge shall: A. exclude a food employee from a food establishment if the food employee is ill with vomiting or diarrhea;... C. restrict an employee if the results of an epidemiological investigation by the commissioner of health under Minnesota Statutes, section 31.171, determines that a food employee or conditional employee presents a risk for transmission of foodborne disease
Penalty
What it required
The person in charge of every food establishment had a standing duty to exclude or restrict ill employees; the rule's own criteria are gastrointestinal illness, enteric pathogens, MDH epidemiological findings and infected lesions, and it does not name respiratory illness or COVID-19, so its COVID-19 content came from the Plan requirement that 'sick workers stay home' (EO 20-40 ¶ 6.a.ii, EO 20-56 ¶ 7.e.i.B; DUT-MN-013) rather than from the rule's text.
Retrieval noteRecorded exactly: this rule imposes a duty, but its criteria are foodborne-illness criteria; it is pleaded as the standing employee-health duty of the Food Code that the Plan guidance extended to COVID-19 symptoms, not as a COVID-19 rule. Minn. R. 4626.0024 (read, not saved): 'The licensee shall meet the standards that this Code prescribes... The licensee bears the responsibility for complying and for acts and omissions of its employees, vendors, and subcontractors with respect to this Code.'.