§ 45.09 Staff.
RCNY § 45.09
(a)Constant and competent supervision by an adequate staff shall be maintained for all children in a school or children's institution. No child or group of children shall be unsupervised at any time.
(b)The owner or person in charge of a school or children's institution or public or private high school shall not permit an employee to work when he is required to be excluded pursuant to 24 RCNY Health Code § 11.15. After having a communicable disease, a person in charge, teacher or any other person who associates with children shall not return to work until: (1) He presents a certificate of recovery issued by the Department, if he was a case of tuberculosis, a case or carrier of typhoid, or a case, carrier or household contact of diphtheria; or, (2) After the period of isolation, if he was a case of measles, mumps, German measles, chicken pox, whooping cough, scarlet fever, meningitis or poliomyelitis; or, (3) He presents a certificate of recovery issued by the Department or a physician's written statement, if he was a case or carrier of any other disease reportable pursuant to 24 RCNY Health Code § 11.03. The statement shall indicate that he is free from disease in communicable form and that the period of isolation or exclusion required by 24 RCNY Health Code Article 11 has ended.
(c)Testing for tuberculosis. The Department may require testing for tuberculosis at any time of any persons in a school, children's institution, or other program providing services for children when such testing is deemed necessary for epidemiological investigation.
(d)No person in charge, teacher, substitute, volunteer worker, office worker, kitchen worker, maintenance worker or other member of the staff who regularly associates with or comes in contact with children shall be permitted to work in a school, children's institution, or public or private high school unless he is healthy and capable of carrying out the responsibilities of his job and unless he presents, prior to commencing work, a certificate from a licensed physician certifying that, based on medical history and examination, he is physically qualified to perform his assigned duties. Such staff member of a children's institution shall present such physician's certificate annually thereafter as a condition of his continued employment. Records of required medical examination of such staff members shall be kept on file at their place of employment and shall be returned to them upon their request when their employment is terminated. Such records shall also be made available to representatives of the Department for examination.
(e)All employees, whether or not they are directly concerned with the care of children, shall be regularly instructed in the protection of children during emergencies such as accidents, fires or air raids.
