Via The Primalfoot Alliance comes a pointer to a story from last September in Corpus Christi in which the Health Department initiated an inspection of a restaurant because one of their employees was photographed after having taken her shoes off.
Even the Health Department doesn’t know its own rules.
Here’s the story: Shoeless Restaurant Worker Leads to Surprise Inspection at Furrs Cafeteria on Port Ave..
It is short enough that I will just quote the whole thing:
CORPUS CHRISTI – A picture of an employee without shoes led to a surprise inspection at Furrs Cafeteria on Port Avenue.
An Action 10 News viewer was dining at the restaurant on Sunday when he spotted an employee behind the counter take off her shoes. He took a picture of the shoeless employee and he contacted the City-County Health department who sent out an inspector this afternoon.
The Health Department tells us the manager and assistant manager told the inspector all employees have been told to keep their shoes on. They also assured that they will make sure all their workers will keep their shoes on at all times.
There is also a picture:
Shoeless Employee at Furrs Cafeteria
In it, we can see that she is not even barefoot, but wearing socks.
So, what was the offense?
None.
If you look at Food Codes, most of the states model theirs on the FDA Food Code, which say a lot about personal cleanliness, when gloves must be worn, covering the hair, and frequent hand-washing. But when it comes to clothing, here is all it says:
Outer Clothing
2-304.11 Clean Condition.
Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.
That’s it. What one is or is not wearing on one’s feet is totally unrelated to contamination of anything food related. As I’ve said before, feet do not emit magic death rays.
The Texas Food Code is here. It’s §229.163(m) says
Outer clothing clean condition. Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.
Again, no prohibition on bare feet (or feet in socks).
The TV station just ignorantly thought being stockinged was a violation and called it in. And then the ignorant Health Department not only didn’t set them straight, but they too thought it was a violation.
Don’t they even know the rules they are supposed to enforce????
This seems to be just another of those myths, like that barefoot driving is illegal (it’s not), or that customers have to wear shoes (they don’t), that just keep getting perpetuated. In fact, one of the comments on The Primalfoot Alliance’s facebook feed said
Whether it should or should not be o.k. for employees to be barefoot, I do know that it is in the health code regulations in my state and, therefore, enforceable.
That sounds to me just like all the stuff I’ve heard from people claiming that barefoot driving is illegal in their state.
I checked quite a few states, and all of them are based on the FDA Food Code, with some minor variations in wording.
For instance, in Ohio
OAC 3717-1-02.2(H). Outer clothing – clean condition.
Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, single-service articles, or single-use articles.
In Kansas and Delaware:
Outer Clothing 2-304.11 Clean Condition.
FOOD EMPLOYEES shall wear clean outer clothing to prevent contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
Florida and Massachusetts use the FDA Food Rules directly in regard to outer clothing.
In New York:
Section 271-3.4 Clothing.
(a) Employees shall wear clean outer clothing.
(b) Employees shall use effective hair restraints where necessary to prevent the contamination of food or food-contact surfaces.
In Illinois:
Section 750.520 General – Clothing
a) The outer clothing of all employees shall be clean.
b) Employees shall use effective hair restraints (such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair) that are designed and worn to effectively keep their hair from contacting exposed food; clean equipment, utensils and linens; and unwrapped single-service and single-use articles.
There is nothing in any of these things about shoes or even about wearing footwear. There is nothing that even implies that footwear must be worn.
Yet, this seems to be another of those myths that just live on for no good reason. Hopefully, I’ve given you some information to debunk it.
Ahcuah 
This reminds me of a conversation, (actually an argument) that took place on a restaurant internet message board sometime in the late 1990s. Some restaurant owner in the Bronx said he would never let anyone in without shoes. And when some people pointed out there were no health codes regarding what customers wear in restaurants, he said there does not need to be a specific statute. He said the health inspector would give him a violation under a general category. He even claimed that he spoke to the health inspector about that, and that there are many things that do not have a specific statute or mention in the health code that the inspector can use his own discretion for, and that most health inspectors would see barefoot customers as a violation. This argument went back and forth for weeks with no obvious resolution.
But then there’s always OSHA.
It’s just proof that the media has a tendency to over-hype things and never check the facts. I think OSHA does require restaraunt employees to wear shoes at all times but again, you have to check the FDA health codes in your state to see if employees are required to wear shoes.
You are absolutely correct Barefooter25.
Provide a citation to the specific OSHA code that says that employees are required to wear shoes at all time. Put up or shut up, and no weaseling out of it.
No, OSHA does not specifically require shoes. Yes, it does have the general duty clause, but if there are no specific hazards, then barefoot is fine. However, expect OSHA to obfuscate if you ask them, as they did here with me.
Also, let me remind you that I did check the health codes in many states, and didn’t find any that required shoes. And, as I said, the state’s rules are based on the FDA rules. So, I really doubt there is a state that has a rule (but if somebody wants me to check a specific state I can do so and let you know). There is also the possibility of a local governmental body having a rule. There, there is enough ignorance and non-professionals that I wouldn’t be surprised to find one somewhere (just as Lexington, MA is a rarity in having a rule requiring customers to wear shoes in public buildings).
What about the “International Food Safety Council” – it has an adhesive sign on Sweetbay supermarkets that includes it’s logo, (committed to food safety education) and “no pets” “footwear required” “shirt required” and “no smoking” on that same door sign. They are connecting all that with “food safety”, So to the average person it just looks so official and serious. But a quick check on the internet provides very little information on what they are, and it seems hard to tell what influence they have or do not have, or why anyone should pay attention to what they say. And who made that sign, and why? Did the supermarket ask them to make it? Do thay mass produce these signs give them out to businesses? I wonder what generated this and why…
Beach Bum: It took me a while to dig this out. The “International Food Safety Council” no longer exists. They used to have the domain http://www.foodsafetycouncil.org. But even then, as they put it:
They were an arm of the National Restaurant Association Educational Foundation. So no wonder why they had no problem perpetuating the myths.
And now the irony…yesterday, as I drove through the parking lot of one of those supermarkets, I saw a young man, about 20, walk out of it barefoot, carrying a bag of groceries…..
I don’t know about the other supermarket chains around the country but the ones in my part of Florida, Publix, are definetly not-barefoot friendly. Outside their doors they have their “Shoes required” signs. I looked at the Florida Dept. of Health response to SBL’s request if there are any rules requiring customers to enter an retail or eating establisthment barefoot and they have no rules requiring people to wear shoes.
I’ve been in the Publix in Bradenton (out east on Manatee Rd) numerous times barefoot, and never had a problem. From what I hear from others, Publix has the sign, but rarely, if ever, enforces it.
I have been in my local Publix (palm Bay, FL.) barefoot with no problems, they also have the signs but don’t enforce them. I guess its a geography thing.
Barefoot in public other than at the beach is just gross. Feet are disgusting. I don’t need a law to tell me this. If I am at any resturant or public business and see a barefoot person – customer or worker – I will complain to management, and if the offender is not corrected that establishment will NEVER get my business again. Put some shoes on!
Hello,Howie, please think about what you said, if a person who its not wearing shoes enters a business, how are their feet any dirtier than a nasty shoe, when someone its wearing a shoe, they wouldn’t even know if they stepped in gum until a few steps has been taken…i on the other hand being a full time barefooter, would know immediately if i stepped in gum, yuck…blessed be, on your journey…
Sorry, but you are dead wrong. There may not be any reference to footwear in that particular section of the code, but I assure you, employees in restaurants must wear shoes at all times. And not just any shoes. Close-toed, flat shoes with a non-slip sole. No sandals, flip-flops or high heels, and certainly no feet covered with only a pair of socks. It’s a safety issue, not a health issue. Serious injuries can result from improper footwear in a workplace where you have wet, slippery floors, hot items that can burn, heavy items that can crush, sharp objects that can slice…. etc. If it’s not in the health and safety code, then it will be in the dress code for the restaurant.
And for all those who think allowing people to work barefoot is a great idea, I’d like to see you work 8 hours or more, nonstop, without sitting down for even a second, on a hard concrete floor, in your bare feet. Trust me, you wouldn’t be on your feet anymore by the end of the shift. Or the next day. And probably the day after that.
That being said, the guy who took this picture is a jerk. The worst kind of customer. They never stop to think about the consequences of their actions. He could have gotten that poor girl fired simply for slipping her shoes off for a couple of minutes. Luckily it sounds like she had an understanding employer, one who didn’t take the bull about how “the customer is always right” to seriously.
Do you regularly just make up crap? Geez, just go into a “breasturant” and you’ll see all the waitresses high heels. And I’ve seen flip-flops or sandals in plenty of restaurants, too. Go to a restaurant beachside and you may even see barefoot waitresses.
Hard floors: you are ignorant there, too. I’ve hiked/walked on concrete roads/sidewalks all day. And my feet felt fine. (And when I walked that long shod, not only my feet were killing me, but my knees and spine, too.) And the waitresses at the Oasis Restaurant in Nags Head seemed to go barefoot all day without a problem, too.
Just because you cannot do something doesn’t mean that others cannot.
There’s a reason I filed this blog entry under “Myth“. Stick around, shed your prejudice, and you might learn something.
I should have been more specific. When I said “employees in restaurants”, I was referring to those who work behind the counter, in the kitchen/food prep areas, not wait staff.
Now, if you try to say that you have seen the kitchen staff in a, as you so eloquently put it, “breasturant”, wearing high heels, I can justly accuse you of going around making up crap.
And as I do not have personal experience working in, or knowledge of policies at, every single restaurant in the entire world, I can not say that all of them have the same requirements. Fair enough. Speaking from personal experience, McDonlads, Burger King, Wendy’s, Dairy Queen and Tim Horton’s, just to name a few, all have the exact requirements for footwear that I listed in their dress code. (There are a few others I have personally worked at, where they had the same rule, but they are local and you wouldn’t recognize the names.)
I can’t speak to the specifics of the health codes in all regions, but it is most certainly a safety issue. If you don’t believe me, try pouring some 200 F coffee on your bare feet some time. Trust me, it hurts. A lot. But then, I just go around making up crap, so why believe me? Go ahead, try it. Post some pictures of your un-burnt feet afterwards and prove to the world that it’s okay to work barefoot in a restaurant. Or better yet, go to McDonalds, walk into the kitchen and grab a big ladle full of grease from the deep fryer and put that on your bare feet. That will really show them.
As for going barefoot on a hard surface, yes, there are those who can do it. And yes, I am not one of them. But there is a big difference between *walking* on a hard surface and *working* on one. Again, personal experience. I can walk around outside all day in either my orthotic shoes or a pair of cheap flip flops from the dollar store. Same thing on the hardwood floors at home. But 8 hours of non-stop slogging on a concrete floor is enough to put me in tears.
The pain you experienced when wearing shoes is typical of someone who is not accustomed to footwear. It’s a bit like wearing corrective orthotics for the first time. Your feet, which are accustomed to twisting and turning rolling whatever way they want to, are suddenly forced into proper alignment, which in turn forces your knees, hips and spine to realign themselves. It hurts for awhile, but once everything straightens out, it feels great. (Again, personal experience.)
Of course, it could just be that you weren’t wearing the right shoes. It is very hard to find shoes that fit properly, especially in a society that places more importance on fashion than function. And the wrong shoes will do more harm than good.
I am not even going to bother to respond to the preposterous a causation that I am prejudiced, except to say that someone who uses terms like “breasturant” should probably think twice before he goes around accusing other people.
*accusation
FYI, the barefoot Mcdonlds employee in the picture on your other post is clearly not working, unless McDonalds has drastically changed their uniform. Now, most managers- I should say all the managers I have worked with- would not even allow an off duty employee in the kitchen barefoot. Either the manager there is a little more slack, or the girl in the photo is the manager. But I’d be willing to bet that they received a reprimand from HQ, if they saw the photo.
And just for the record, yes, thighs must be covered, according to the dress code. Think about it- have you ever been served by an employee in a McDonald’s who was dressed in short shorts? Mostly, it’s a matter of what is considered proper attire in the workplace, but many people see it as a health and safety issue as well.
There is a big difference between actual legality and what one thinks may or may not be advisable. The latter is no more than an opinion.
Also, I have to disagree that working on one’s feet for long periods will be harder in bare feet. On the contrary, I find that my feet get tired much more rapidly in footwear. My bare feet can go almost indefinitely, My legs will get tired long before they will.
Your claims are jumping all over the place. First you say “employees”, then you switch to behind the counter. You claim it was in the health code, but now you are backing off and just saying it is “proper attire”. And now you are also backing off and just saying many restaurants have an internal regulation (which is probably true, but not what
My entire post was about whether the health code was being violated or not. It wasn’t. It wasn’t.
If what you say is true (and it’s not) then you should be able to cite for us exactly where that regulation is and specifically`what it says. Everything is online these days; give us the URL. You will also be able to tell us exactly where to look, e.g., Section 3.16a.
And note that you are making a very specific claim: that this regulation specifies exactly what sort of footwear is allowable, that no high heels or sandals are allowed. You’ve also claimed that this regulation makes a distinction between wait-staff and food preparers.
So go ahead. Give us the citation.
We’ll wait. We’ll wait a very long time.
Hi Laura, did you actually pour hot coffee and hot french fry oil on your bare feet? If not, how do you know what it is like? If so, I advise caution in the future. Have you worked an 8 hour shift barefoot on concrete? I have purchased padded mats for my workers who needed to stand eight hours on concrete, more helpful than mandating apparel.
I understand that you are hostile toward bare feet, but note that we are not trying to force you to be barefoot, we just want the freedom to be barefoot ourselves. We are happy that you wear shoes and are glad you have found restaurants that allow you to engage in fulfilling work with your choice of footwear. I hope you will allow us our choice of apparel.
U think that’s bad I’m at Dunkin’ Donuts and the employee isn’t wearing any socks or shoes. If u want to see a pic or video email me. Alphazulusquad19@aol.com