As I write this letter, AB 1788 is still sitting on the Governor’s desk awaiting his signature before September 30th.  I’ve had numerous questions about what if he does nothing and the answer is it still becomes law effective January 1st, 2021 without a signature.  Our focus to date is preparing to work with the Department of Pesticide Regulation on the implementation of this bill moving forward.  I know there are many questions because this bill is so poorly drafted, and we are working with the Rodenticide Task Force to gather as much information as we can to have a smooth transition.  We will keep you informed as we proceed with our discussions and please don’t hesitate to contact us if you have any questions or concerns.  Because this takes effect relatively quickly, we anticipate conversations  beginning in earnest after September 30th! 

Chris Reardon
PCOC Executive Vice President
chris@pcoc.org
(916) 372-4363

PCOC (un)Leashed Leadership

Classes start in November, monthly classes with Dr. Garland Vance of AdVance Leadership.

Registration Deadline is October 1, 2020

Cost: $3,420 (or $300/month)

Click here for the Registration Form

We appreciate EVERYTHING that you do for our association and our members!!  

Thomas Erdman with Azuga can be reached by email at
tome@azuga.com and by phone by (408) 430-1990

Matt Fabry with Douglas Products can be reached by email at Matt.Fabry@douglasproducts.com and by phone at (408) 431-6674

Josh Shoemaker with Bayer can be reached by email at
josh.shoemaker@bayer.com and by phone at (602) 820-5684

Mike Watkins with Cardinal Professional Products can be reached by email at
mwatkins@cardinalproproducts.com and by phone at (714) 761-3292

Nick Grisafe with Syngenta Professional Pest Management can be reached by email at nick.grisafe@syngenta.com and by phone at (909) 353-5907

HR & Employee Benefits Insights

As Workers Return, Coronavirus Testing Raises Questions

Across America, coronavirus cases are surging. The number of new daily cases has risen exponentially since the middle of June. Still, many workers have been authorized to return to their offices on either a full- or part-time basis. In Washington, the Pentagon has authorized up to 80 percent of its workforce to return.

While many private-sector employers remain cautious about bringing workers back, a Gallup News poll reported increased numbers of workers on-site at workplaces over a seven-week period. The poll also discovered that 46 percent of U.S. workers are concerned about being exposed to coronavirus at work.

Resources are available from the CDC and OSHA that outline standards and directives for employers on how to maximize workplace and worker safety amidst the ongoing pandemic. OSHA also recently released guidance on developing a strategy for employers considering testing employees for coronavirus.

The strategy allows testing to be incorporated as part of a comprehensive approach to reducing transmission in non-healthcare workplaces. Specifically, it recommends testing be conducted in five scenarios:

1.  Testing employees displaying coronavirus symptoms.
2.  Testing workers who were within six feet of an infected employee for 15 minutes or longer.
3.  Testing individuals who are asymptomatic and have had no known exposure to the virus, including an initial screening before returning to the workplace and/or at regular intervals.
4.  Testing to determine when an employee may discontinue home isolation.
5.  Testing to detect transmission hot spots. 

The guidance also recommends that employees undergoing testing receive clear information on the manufacturer, name, type, purpose, reliability and any limitations associated with the test, as well as who will pay for it.

A new PCOC Minute is here 

In this PCOC Minute, we update you on industry events.

Make sure to check out the Pest Control Operators of California YouTube channel for this new PCOC minute and for past and future PCOC Minutes.

Meanwhile, new guidance from the White House states that insurers are not required to cover coronavirus tests for its members if a test is conducted solely as a condition of returning to work. The guidance clarifies that insurers must cover coronavirus testing for members without cost sharing if a health care provider determines a test is ‘medically appropriate.''This indicates that tests required to screen for general workplace health and safety are not required to be covered by insurers.

Thus far, many insurers, including the nation’s largest – United Health Care – have erred on the side of providing full coverage for the cost of coronavirus tests without requiring them to be deemed medically necessary. However, a study funded by America’s Health Insurance Plans reveals the cost of continuing such a practice may reach $25 billion a year, which could be potentially detrimental to insurers if they are required to continue fully funding precautionary testing for workers.

At present, the White House’s guidance leaves the responsibility for payment of the tests open-ended. It remains to be seen what response may come from employees who are unable to afford the test or decline to pay, when one is required by employers as part of a standard screening process.

Presumptive Compensability Legislation Update

An ongoing issue affecting workers’ compensation is presumptive compensability legislation from states. At least 18 states have proposed workers’ compensation bills related to coronavirus, including expanding coverage for either frontline, essential or all workers. Some states have issued executive orders, bulletins, emergency rules and directives on workers’ compensation coverage for certain workers. It is a dynamic situation that warrants monitoring by employers.

An excellent resource for staying current on legislative activity is the National Council on Compensation Insurance (NCCI) site. NCCI is tracking state compensability presumption legislation and updates state statuses weekly. Its coronavirus workers’ compensation compensability presumptions chart is updated weekly with developments around state legislative activity in this area and can be accessed here

Coronavirus-Related Claims Rise

A new report released by Fisher Phillips law firm reveals that employment discrimination and work-from-home claims are on the rise. The study found a 43 percent increase in coronavirus-related lawsuits during the month of June.

Highlights of the report include the following findings:

• Unsafe working conditions and wage and hour concerns comprise the most common types of workplace class action claims.
• Forty-one class actions were filed in June, an increase of 65%.
• Employment discrimination, work-from-home leave, retaliation, unsafe working conditions and wage and hour concerns make up the top five claim classifications.
• California leads the nation in the number of coronavirus workplace lawsuits filed; Florida, New Jersey, New York and Texas round out the top five.

The Report findings are not surprising given the current environment. The main source of coverage for non-bodily injury claims brought by employees against their employers is Employment Practice Liability coverage (EPL). The terms, conditions, and exclusions in EPL policies vary considerably.

Coverage under EPL policies for claims arising from coronavirus is not a given by any stretch of the imagination. There are a number of fairly common exclusions that could preclude or limit coverage for many of the types of claims identified in the Report. Further, it is probably safe to say, none of the existing EPL policies contemplated the volatility or complexity our current environment.

Conclusion

Our understanding of coronavirus and its impact around the world continues to evolve at a rapid pace. This newsletter briefly touches on issues that businesses may want to consider as they approach their response to novel coronavirus. More topics will be considered in future issues as our understanding of the virus and its impact continues to evolve. Please reach out to your PCOC Insurance Program EPIC broker at 877.860.7378 for more information.

For all of EPIC’s coronavirus coverage, visit epicbrokers.com/coronavirus 

Disclaimer: This has been provided as an informational resource for EPIC clients and business partners. It is intended to provide general guidance on potential exposures and is not intended to provide medical advice or address medical concerns or specific risk circumstances. Due to the dynamic nature of infectious diseases, EPIC cannot be held liable for the guidance provided. We strongly encourage readers to seek additional safety, medical and epidemiological information from credible sources such as the Centers for Disease Control and Prevention and the World Health Organization. Regarding insurance coverage questions, whether coverage applies or a policy will respond to any risk or circumstance is subject to the specific terms and conditions of the policies and contracts at issue and underwriter determinations. 

Paul Lindsay
Senior Vice President
EPIC Insurance Brokers & Consultants
916.576.1545 direct  |  877.222.0000 |  916.952.1609 cell
Paul.Lindsay@epicbrokers.com

 PCOC has a donation site

If you are interested in donating to any of the following, please visit www.pcoconline.com:

PCOC Club 2020
PCOC C.A.R.E.S.
PCOC Scholarship

PCOC is selling our new bumper stickers!

They are $10 (plus tax and postage) each!! They measure 9.25" x 2.5"

Please contact Sarah at sarah@pcoc.org to order yours today!!

  Donated by: Hernandez Sewing, Inc. and Mary Hernandez

Frequently Asked For Websites

Department of Fish & Game
https://www.wildlife.ca.gov/

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

California Department of Pesticide Regulation (DPR)
www.cdpr.ca.gov

DPR on Facebook
www.facebook.com/capesticideregulation

DPR on YouTube (see "playlists" for videos pertaining to new surface water regulations)
www.youtube.com/user/californiapesticides

DPR on Twitter
twitter.com/ca_pesticides

DPR LinkedIn
www.linkedin.com/company/california-department-of-pesticide-regulation

Healthy Schools Act
http://apps.cdpr.ca.gov/schoolipm/

Structural Pest Control Board
www.pestboard.ca.gov

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

NPMA's QualityPro Accrediation Application
www.npmaqualitypro.org/apply