The California Legislature is completely dysfunctional and is incapable of making any bold public policy decisions. This was obviously as true 40 years ago as it is today, because 40 years ago the California initiative process was instituted as a way for the people to take government into their own hands.

Fast forward to 2010: 37 ballot initiatives have been cleared by the secretary of state for signature gathering and at least 44 more are awaiting official title language. This flood of ballot measures covers everything from calling for a constitutional convention to overturning the ban on same-sex marriages.

Many of these initiatives slated for next year's ballot are virtual duplicates of other ones and some are put on the ballot by warring interest groups in a high stakes political pawn game -- to defeat a rival's measure. A good example of this will appear next year: the unions want to defeat measures designed to prohibit automatic public payroll deductions for political purposes, and overhaul public pensions. Unions are trying to choke off financial contributions from the business community by sponsoring an initiative that would repeal $2 billion in state tax breaks...thus forcing business to steer their contributions into defense rather than offense.

....and so it goes. I have been involved in ballot initiative campaigns for over 30 years. It is much easier to defeat a bad measure (for example: mandated employer health insurance) than it is to proactively change the law (automatic deduction for union PACs.) My take is that Hiram Johnson's original vision for the initiative process (which many states have emulated), has been distorted. It now costs over $25 million to place an initiative on the ballot and over $150 million to defeat one. Forget the merits. A whole cottage industry has sprung up of high paid firms that will push or kill any ballot measure. Gone is the idea of tackling a difficult public policy issue and letting the people weigh in on it. Am I just being cynical?

PCOC CONVENTION SURVEY

So that we can more accurately reflect the needs of our membership and also to improve on our current Convention program, WE NEED YOUR HELP. Please take a few moments to fill in the attached questionnaire by clicking here. Save it as a Word document and either e-mail, fax or mail it back to the PCOC executive offices. Thank you!

EPA CONCERNED ABOUT COMPANIES IN MASSACHUSETTS AND CALIFORNIA OFFERING H1N1 DISINFECTION SERVICES

The United States Environmental Protection Agency (EPA) has indicated to the National Pest Management Association that it is investigating false and misleading claims being made by companies offering to provide H1N1 virus (swine flu) disinfection services. In particular, the EPA is looking at companies in the Boston, Mass., and Los Angeles, Calif., areas. These may not be pest management companies, but have been described to NPMA as "PCO-like" companies. These companies could be subject to serious enforcement action.

If you are providing H1N1 disinfection services or are aware of another company that does, and would like to discuss this and obtain additional information, contact Bob Rosenberg at (800) 678-6722 or rosenberg@pestworld.org.

A GREENER CALIFORNIA

The continued growth of the GreenPro certification program is gaining recognition in California and throughout the country. This program has allowed PCOs to take credit for their conservation efforts and to provide a greener service to consumers.

Some may think that IPM or "green" pest control is new to our industry. Nothing could be further from the truth. Some outside our industry, and even newer members to our industry, have not seen the great care and effort that PCOs have put in to protect the environment, for decades. IPM has always been part of pest control. In the late 1970s, IPM started to be redefined and incorporated into structural pest control. Today, we continue to improve and redefine IPM.

The Pest Control Operators of California (PCOC) and their member companies have worked hard to stay abreast of the environmental concerns within our state. In 2000 (referring to Eric Paulson's efforts), concerns over water quality prompted the PCOC to develop and adopt Best Management Practices for Water Quality in 2001. In 2003, PCOC members attended an IPM Summit held by Bio-Integral Resource Center (BIRC) and countless other IPM summits, conferences, trainings, and meetings prior and since. Best Management Practices for general pest control were updated and adopted in 2008 to increase PCOs' knowledge of environmental impact.

The concept of IPM certification began to evolve with the release of the EcoWise certification standards in 2006. At the time, PCOC closely reviewed the program and thought it contained many great ideas and concepts. The problem with EcoWise is that it was written without practical industry application in mind. PCOC made a series of recommendations to EcoWise to help improve the successful implementation and use of the program. The program lacked industry support and without a company available to provide the service, IPM certified services were difficult to obtain by the consumer. To best reduce our impact on the environment, it is better to get the entire pest control industry to move an inch in the right direction, rather than a few companies moving a mile.

In an effort to gain broader industry involvement, PCOC moved toward creating its own IPM certification program. This PCOC IPM program was written by experts within the industry. PCOC worked for more than a year creating an industry-wide IPM certification program that would standardize and quantify IPM efforts practiced by many PCOs in California for decades. In September of 2008, PCOC launched QualityPro Green in cooperation with NPMA.

In July of 2009, the QualityPro Green program became GreenPro. This new program has received national recognition from those who agree with our commitment to environmental preservation. The Natural Resources Defense Council (NRDC) has recognized GreenPro for innovative pest control solutions to reduce risk when providing pest management services. The National Center for Healthy Housing commended GreenPro for playing an instrumental role in increasing green pest services.

This partnership with NPMA and NRDC marks an unprecedented cooperative effort to achieve a better understanding and increase implementation of effective pest control with reduced ecological impact. I believe that NRDC and others now better understand that a PCO's goal is to protect health, life, and property from dangerous and destructive pests. We are able to achieve this goal and protect the environment with GreenPro certified services.

By Mike Bullert

Chair of the PCOC GreenPro Committee, and Owner and Biologist of Big Time Pest Control

www.bigtimepestcontrol.com

HEALTHY SCHOOLS ACT REQUIREMENTS FOR LICENSED PEST CONTROL BUSINESSES WORKING WITH PRIVATE CHILD CARE CENTERS

Belinda Messenger, DPR

Pest control businesses are required by the Healthy Schools Act (FAC Section 13186) to maintain records of pesticide use when they apply any pesticide at a child day care facility site, and to report these to the Department of Pesticide Regulation (DPR). Records of these applications must be submitted to DPR on the School Site Pesticide Use Reporting form (PR-ENF-117). Completed forms must be submitted annually at a minimum, and more often at the discretion of the pest control business. This requirement is in addition to existing, monthly pesticide use reporting to the county agriculture commissioner's offices. It does not include applications at family child care homes, which are licensed child care facilities of no more than 14 children in a private home.

Child day care facilities have recordkeeping exemptions, such as when self-contained baits and traps are used, that do not apply to pest control businesses. Pest control businesses must keep records and report use of Healthy Schools Act-exempt products to DPR, unless the products are otherwise exempted from registration in California. As part of a sound integrated pest management (IPM) program, DPR recommends that pest control businesses keep records of ALL pest management activities, including the use of exempt materials. Keeping these records is an important part of an IPM program and also allows facilities to document their use of least-toxic alternatives.

Pest control businesses must also provide child day care centers with a 120-hour notice before pesticide application (except in emergencies) with the following: product, manufacturer, US EPA registration number, active ingredient, area treated, date, and reason for application. This will allow the child day care facility to fulfill its obligation to inform parents and staff of the pesticide application, as required by law. Child day care facilities must post warning signs prior to any pesticide treatments and the signs must remain up until 72 hours have passed.

(Food and Agricultural Code Section 13186)

IN MEMORIAM

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To find out who your legislators are, go to: http://www.calchamber.com/.

To view the complete PCOC legislative agenda, go to the PCOC Web site, http://www.pcoc.org/, and log on to the member-only section.

To find out more bill information or the latest status, go to http://www.leginfo.ca.gov/.

DISTRICT MEMBERSHIP CONTEST

We are in the home stretch now and there are only 15 days left in the membership contest. First prize is two paid Convention registrations for the 2010 Convention in Monterey. First through third places are as follows:

SOUTHERN VALLEY DISTRICT 24.1%    VENTURA DISTRICT 15.8%

MONTEREY DISTRICT 11.8%

RECRUIT                 RECRUIT                 RECRUIT

PEST ED 2010

Pest Ed 2010 is just around the corner: Jan. 12, 2010, in Sacramento; and Jan. 13, 2010, in Montebello. We have approval for three CE hours of IPM for the morning session; and in the afternoon breakout sessions, we have approved for either three CE technical hours of Branch I or III, Branch II or Rules and Regulations. We will also have approval for six hours of DPR CE hours for your Ag licenses. Early registration cut-off date is Dec. 19, 2009, for a member price of only $60.00. This price also includes your lunch. Fax, e-mail or mail your early registration now to take advantage of the lowest prices and reserve your place.

We would still like to feature the occasional column in the NewsBriefs where we highlight the efforts of PCOC members, and/or their family members, who are contributing in some way to the community that they live in. If you know someone who should be recognized, please send the information to me or to Jenai at the PCOC office.

APPLICATION TECHNIQUE: When making a pesticide application, it is necessary to use the proper techniques to maximize effectiveness, protect the environment from unnecessary risk and reduce the need for additional applications.

4.1 Site Determination: Site determination is an important part of the planning stage. When determining the site to be treated, you should always refer to the product label for any restrictions that may exist with product(s) of choice. A visual inspection is also extremely important in determining any additional precautions that may be necessary at the site. Treatment sites must be evaluated for characteristics that may make the pesticide ineffective. Surfaces such as concrete, different types of floor coverings, wallpaper, carpets, woodwork, paints and fabrics must all be inspected.

4.2 Surfactant/Adjuvants: A surfactant or adjuvant may be used to alter the selectivity as well as the effectiveness of pesticides. Using surfactants or adjuvants to make the pesticide more attractive to specific pests may allow you to apply less pesticide. Consider the usage of surfactants and adjuvants carefully and always check the label for any restrictions of their use.

4.3 Drift Management: Management of pesticide drift is extremely important. Residues from improper application or improper rinsing of equipment may result in contamination of surface or groundwater. Do not apply a pesticide in outdoor locations where residues can be carried into a well, stream, pond or other water sources. Pesticide drift may well be the most important factor to consider before the application of any product.

4.4 Avoid Runoff: Avoid runoff of products at the treatment sites. Material should never be applied to the point of runoff. Runoff can reach waterways if near water entry points such as storm drains and grades that are prone to runoff. The location of water bodies and recent precipitation, or the threat of precipitation, should be a key consideration to prevent runoff.

4.5 Site Specific Applications: Pesticide applications should be made to specific sites in which the target pests have been identified. There is little benefit for treating inactive areas or surfaces that are not pest harborages. By focusing treatment to areas with pest activity and into harborages, maximum control can be achieved while preventing unnecessary use of pest control materials.

4.6 Bait Usage: Insecticide baits are formulated when the active ingredient is mixed with food or an attractant carrier. Most active ingredients used in baits are slow acting so that the insects are not affected before they carry the bait back to others in the colony. Advantages of bait formulations are that they are usually ready-to-use, they are used at concentrations, they can be placed only where needed and they can be removed when control is achieved. Control with baits often requires more time, and application costs may be higher than for other formulations.

4.7 Spill Prevention and Control: It is important to make proper applications to minimize environmental impact. Having a spill kit available is a must. If anything is used out of the spill kit, be sure to replace or replenish what was used. Conduct practice spill control procedures at least annually. Even with the best prevention, there is still the potential for an accident. Careful planning and procedures are necessary to be able to react promptly and effectively to a spill.

CORRECTION TO DIRECTORY

It was brought to our attention that the listing for Ruffled Feathers Bird Control had an 800 number incorrectly listed with their information.  Please accept our apologies for the error.

According to the National In­surance Crime Bureau (NICB), "opportunistic fraud," in which claimants pad their workers' comp claims, increased 28 percent in the first quarter of 2009. The NICB attributes the increase to the bad economy.

There are many warning signs that employees are committing workers' comp fraud. Any one sign may not indicate a problem, but if you see several, you need to investigate. Be aware of em­ployees who:

• Do not have a witness to their injury.
• Delay reporting the injury.
• Have discrepancies in their story.
• Are vague on details, and the details change.
• Report being injured on a Monday.
• Report an injury just prior to a layoff.
• Do not return calls.
• Cancel doctors' appointments.

Preventing Fraud

The first place to fight workers' comp fraud is on the front line -- with your employees. They need to believe that the company is committed to a safe, healthy work environment. They need to know they are receiving good training, so they can perform their jobs in a consistently safe man­ner.

Next, you need to make sure your employ­ees understand the role of workers' comp insur­ance and that it represents a significant cost to the company. Employees need to understand that the claims costs are ultimately paid by the company. These expenses affect profits and can contribute to cost-cutting measures, especially in a tough economy.

Finally, employees need to know that work­ers' comp fraud is a felony (in most states), and that you will prosecute any employees who try to defraud the company.

You might want to cite some local statistics. For instance, last year California district attor­neys convicted 527 people of workers' comp fraud. The typical sentence was a few days in county jail, plus many hours of community ser­vice, several years of probation, a civil fine and restitution of funds.

Employees need to know that it doesn't pay to commit workers' comp fraud. If they are caught, it's a felony, it's embarrassing and they have to repay the money.

Investigating Fraud

Many insurance companies now use sophisti­cated software to detect fraud as soon as the first notice of loss is filed. When that happens, your carrier may call you before you call them.

Insurers also hire outside investigators to con­duct legal surveillance of suspected cheats. They use GPS, night-vision lenses and other high-tech electronics to record workers doing strenuous physical activities or working a second job. Some investigators also comb through Inter­net sites such as Facebook to track the activities of suspects. They use "Web crawlers" that track all references to a person -- more thoroughly than a Google search. Some employees brag online about their insurance scams. Others simply pro­vide information that leads to surveillance.

According to Patty Kotze, managing partner at Diver­sified Risk Management in Downey, an investigations firm, it is important to under­stand privacy issues when doing a Web search. "It's not ethical to become someone's Facebook friend and then investigate their activities," Kotze said.

If you suspect workers' compensation fraud, please contact your insurance agent or workers' compensation carrier as soon as possible. For more information on fraud prevention, please contact the PCOC Insurance Program at Jenkins Insurance Services: (800) 234-6363.

TEMPORARY NPMA LOGIN FOR JOINT MEMBERSHIP

LOGIN: 313501

PASSWORD: PCOC

PCOC Web site password for 2009-2010: "members"

Please remember, the password changes every July 1st!

Department of Fish & Game
www.dfg.ca.gov

Department of Food & Agriculture
www.cdfa.ca.gov

Department of Pesticide Regulation
www.cdpr.ca.gov

Find Your Legislator
www.leginfo.ca.gov/yourleg.html

Healthy Schools Act
www.schoolipm.info

Structural Pest Control Board
www.pestboard.ca.gov

For an additional charge, you may access a 24-hour hotline providing consultation by qualified medical doctors on pesticide-related medical emergencies. This service is provided free of charge to Peacock Group insureds.