The California Legislature has the dubious honor of being the biggest generator of major new laws in the country. A nationwide compilation of 2012 state legislation by the National Conference of State Legislatures (NCSL) seems to prove the case. This fact also proves that we live in the most highly taxed and highly regulated state in the nation. We know this because our legislature gets into everybody's business!

The NCSL released its annual list of the nation's 81 most significant new state laws and the California Legislature is responsible for 27 of them! One third! California edged out Illinois, which generated 26 of the noteworthy new laws.

Among California measures cited by the NCSL study were those that allow clergy members to refuse to perform same-sex marriages, prohibit prison workers from having sex with inmates, allow life-sentence offenders who were under 18 when they committed crimes to seek release, restrict picketing at funerals, protect breastfeeding rights, require car washes to recycle water, reform state pensions and no longer require passengers in off-road vehicles to keep their feet flat on the floor.

As it happens, on the pest control front 2012 was a very successful year for PCOC in the California Legislature. We were able to head off burdensome legislative proposals, in many cases even before they were introduced—a true mark of good legislative advocacy.

May the New Year 2013 be as successful for our industry, as PCOC continues to educate our elected officials about the real world of pest control.

Happy New Year!

The 2013-2014 Legislative Session of the California Legislature has begun. PCOC's Legislative Agenda is being developed as bills are introduced.

Which Lead Certification Should I Get?

Homes built prior to 1978 may contain lead-based paint. Before renovations can be done on such homes, areas that may be disturbed must be tested for lead. The California Department of Public Health's (CDPH) "Lead-Related Construction Program" requires that anyone doing lead inspections, lead risk assessments, lead clearance inspections or lead-abatement work must be certified by CDPH. There are five different certifications possible, but which type should you choose?

The type of certification depends on the type of lead-related construction you wish to perform (see Title 17, CCR § 35001-35050 and § 36000-36100).

Inspector/Assessor (I/A) Certificate

The I/A certificate is for those who plan to inspect buildings for lead and assess the type of lead hazards in those buildings. This may include:

1. Taking paint-chip, dust or soil samples or using an XRF machine to test painted surfaces.
2. Conducting visual inspections to examine the condition of painted surfaces and the location of lead hazards in the building.
3. Interpreting laboratory and XRF test results.
4. Preparing reports on the amount of lead hazards in a building and the risks of lead poisoning to the building occupants.
5. Recommending cost-effective ways to safely handle the lead hazards.
6. Ensuring no lead hazards remain after lead abatement work or other construction work where lead is present.

Under California's Title 17 regulations, a certified Inspector/Assessor:

1. May perform lead hazard evaluations, including:
    a. Lead paint inspections
    b. Lead risk assessments
    c. Clearance inspections
2. May not prepare lead abatement plans.
3. May not perform lead abatement activities.

Sampling Technician (ST) Certificate

The ST certificate is for those who, under the direction of an Inspector/Assessor, perform sampling activities. This may include:

1. Taking paint-chip, dust or soil samples.
2. Using an XRF machine to test painted surfaces.
3. Performing visual assessments.

Under California's Title 17 regulations, a certified Sampling Technician:

1. May take samples during a lead hazard evaluation under the direction of a certified Inspector/Assessor.
2. May not prepare lead abatement plans.
3. May not perform lead abatement activities.
4. May not perform full lead hazard evaluations, including clearance inspections.

Project Monitor (PM) Certificate

The PM certificate is for those who plan to oversee lead-related construction work to ensure that specifications are followed. This may include:

1. Working with consultants, industrial hygienists, journeymen, engineers and housing specialists to develop the project specifications.
2. Performing air monitoring to assess exposure levels and dust wipe sampling to ensure adequacy of containment.
3. Conducting clearance testing at the end of the project to see if any lead contamination remains.
4. Checking work activities for compliance with federal, state and local regulatory requirements.

Under California's Title 17 regulations, a certified Project Monitor:

1. May prepare lead abatement plans.
2. May conduct clearance inspections.
3. May not perform lead abatement activities.
4. May not supervise individuals performing lead abatement activities.
5. May not perform lead hazard evaluations except for clearances.

Supervisor Certificate

The Supervisor certificate is for those who plan to supervise daily work activities on a lead-related construction work site and/or prepare lead abatement plans. These certificates are also for those who plan to supervise repainting or general construction performed on surfaces painted with lead-based paint. This may include:

1. Overseeing workers who are performing the activities specified in a lead abatement work plan. (Supervisors also perform lead-related construction work activities themselves.)
2. Enforcing the work practices that ensure worker safety and protect occupants from lead poisoning.
3. Scheduling and coordinating work site activities with building occupants as well as other consultants and contractors.
4. Arranging for proper disposal of lead-containing waste created during work activities.

Under California's Title 17 regulations, a certified Supervisor:

1. May perform lead abatement activities.
2. May supervise individuals performing lead abatement activities.
3. May prepare lead abatement plans.
4. May not perform lead hazard evaluations, including clearance inspections.

Worker Certificate

The Worker certificate is for those who plan to do lead abatement activities under the direction of a supervisor. These certificates are also for those who plan to do repainting or general construction on surfaces painted with lead-based paint. This may include:

1. Building containment structures and sealing off work areas to prevent lead dust from spreading.
2. Removing, enclosing or covering lead-based paint hazards or lead-contaminated soil.
3. Preparing lead-contaminated waste for disposal and cleaning up the work area.

Under California's Title 17 regulations, a certified Worker:

1. May perform lead abatement activities.
2. May not prepare lead abatement plans.
3. May not perform lead hazard evaluations, including clearance inspections.

Lead Certification Requirements

The table below shows which types of activities certified lead Inspector/Assessors, Sampling Technicians, Project Monitors, Supervisors and Workers may perform under California's Work Practice Standards for Lead-Related Construction (Title 17, California Code of Regulations, Sections 36000 and 36100). Please note that these regulations apply only to work done in residential and public buildings. Please also refer to the key definitions below for details about what these types of activities include:

Key Definitions

The following definitions are provided for guidance only. They do not contain exact language from California's lead work practice standards.

Abatement – Any set of measures designed to reduce or eliminate lead hazards or lead-based paint from residential or public buildings. Abatement does not include containment or cleaning activities.

Clearance Inspection – An on-site limited investigation, performed according to U.S. Department of Housing & Urban Development guidelines, to determine if lead hazard control work has been completed as specified and if the work area is safe for unprotected workers, residents and children to enter. Does not include personal air monitoring activities done to ensure Cal/OSHA compliance, representative sampling of components removed from a building to determine the applicability of hazardous waste requirements or sampling done to determine adequacy of containment.

Lead Hazard Evaluation – An on-site inspection, risk assessment and/or clearance inspection, done for pay or other compensation, to determine the presence or amount of lead-based paint or lead hazards in a residential or public building. Does not include personal air monitoring activities done to ensure Cal/OSHA compliance, representative sampling of components removed from a building to determine the applicability of hazardous waste requirements, or sampling done to determine adequacy of containment.

Lead Hazards – Deteriorated lead-based paint, lead-contaminated dust, lead-contaminated soil, lead-based paint that is disturbed without containment or any other nuisance which results in persistent measurable lead exposure. Lead hazards include all paint or surface coatings on residential or public buildings built before January 1, 1978, that are disturbed without containment. (Such surface coatings are presumed to contain lead.)

For more information on eligibility and training, call the Lead-Related Construction Information Line at 800-597-5323 or visit www.cdph.ca.gov/programs/CLPPB/Pages/LRCCertApp.aspx and check the application forms and instructions provided.

Pest Ed was a success this year, and we had close to record attendance. We here at PCOC would like to thank everyone who attended this event, and we would also like to thank Univar and our sponsors for making this event possible every year.

EAPs (employee assistance programs) can help employers reduce their workers' compensation costs in two ways.

Your company might offer an employee assistance program (EAP) as part of its benefits program. EAPs can help control medical costs; they might also help control workers' compensation costs. Here's how.

Many workers' compensation claims have a mental health element. Your EAP can help employees deal with mental health problems or stress from personal problems that could lead to illness or injury. Studies have proven that workers under stress are more likely to become ill or injured, as are those who abuse drugs or alcohol. Second, your EAP can help workers who are dealing with a work-related injury cope with the stress of pain, being out of work or coping with a disability.

EAPs emerged in the 1980s to address substance abuse problems in the workplace. Providing confidential access to drug and alcohol treatment programs can increase the likelihood that your programs will be utilized by those who need them.

Today, EAPs have evolved to address a wide range of problems, including:

• Drug and alcohol abuse
• Family and marital problems
• Child care or elder care needs
• Gambling problems
• Legal problems
• Financial problems/bankruptcy
• Outplacement or stresses due to restructuring or downsizing.

An EAP offers employees confidential short-term counseling with a counselor specially trained to identify the employee's problem. When appropriate, the EAP counselor will make referrals to specialists or other providers.

EAPs can also help employers deal with personnel problems in a sensitive manner, without violating an employee's right to privacy. For example, a supervisor who sees an employee's work suffering due to a personal problem or possible drug or alcohol abuse can refer that employee to the EAP without having to inquire on the nature of the problem.

An EAP can help you get the most out of your benefit plan. A good EAP will promote its services with communications to your employees. When an employee turns to the EAP for assistance, the EAP counselor can help your employee identify resources covered by your benefit program. For example, an employee facing addiction might be referred to a program covered by your health benefits. An employee with mental health problems might be referred to a provider in your group health insurance plan's network. EAPs may also inform employees of their rights under government-mandated benefit programs, such as workers' compensation, the Family and Medical Leave Act, the Americans with Disabilities Act and federal and state mental health parity mandates.

Many EAPs charge on a per-employee basis, and costs can be as little as $2-3 per employee per month. Your costs will vary depending on your location, provider and services you select, such as in-person vs. telephone-only counseling.

Regardless of the plan you select, you will want to publicize it to ensure employees know it's available when they need it. As employees in downsized workforces deal with increased workloads and increased demands at home, you may find an EAP is a worthwhile investment. For more information on EAPs, please contact the Jenkins/Leavitt PCOC Insurance Team at (877) 860-7378.

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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.