News Briefs
Pest Control Operators of California
June 2012
Our PCOC Leg Day this was an outstanding success on many fronts. Better attendance than last year – always a good sign. More legislators at our Legislative Reception – in fact five times as many as in previous years: we had 30 legislators, including Assembly Speaker John Perez. We were also proud to welcome the new DPR Director Brian Leahy.
However, what really made this year's event so successful was the effect our talking points had upon the legislative process. They centered on the absolute necessity of preserving the Structural Pest Control Board by making sure appointments were made by the Governor. Otherwise, after June 1 the Board, for all intents and purposes, would have ceased to exist without a quorum. Immediately after the event I received many copies of letters written by legislators to the Governor urging that he make his appointments to the Board. This was a direct result of the visit made by PCOC members to their local legislators over in the Capitol.
The effect of all this? I quote directly from the Governor's press release dated May 25:
"Ronna Brand, 63, of Beverly Hills, has been appointed to the Structural Pest Control Board. She is the founder and owner of Brand Realty. Brand has been state director for the California Association of Realtors since 2006. She was president of Beverly Hills Greater Los Angeles Association of Realtors in 2007 and was founder and owner of Bicoastal Connections from 1980 to 1984. This position does not require Senate confirmation and the compensation is $100 per diem. Brand is a Democrat.
Naresh Duggal, 51, of San Jose, has been appointed to the Structural Pest Control Board. He has been a manager in the integrated pest management unit for Santa Clara County since 2002. Duggal was a quality assurance manager for the commercial division of Orkin Exterminating Inc. from 1999 to 2002. He served in multiple positions at PrismProfessional Integrated Sanitation Management from 1994 to 1999, including technical support, quality assurance manager and staff entomologist. This position does not require Senate confirmation and the compensation is $100 per diem. Duggal is registered decline-to-state.
Mike Duran, 70, of Indio, has been appointed to the Structural Pest Control Board. He has been president of Duran's Termite and Pest Control Inc. since 1977. He has been a member and trustee for Valley Sanitary District of Indio since 2003. Duran was a member and trustee of the Mosquito and Vector Control and Sanitary District in Coachella Valley from 2004 to 2008. He established the Pest Control Operators, Palm Springs chapter and served as president from 2001 to 2004. Duran served as a reserve police officer in the City of Indio from1964 to1967. This position does not require Senate confirmation and the compensation is $100 per diem. Duran is a Democrat."
From the Desk of Bill Douglas, Interim Executive Officer, SPCB
ALERT - POTENTIAL LICENSE DENIAL OR SUSPENSION FOR FAILURE TO PAY TAXES
Effective July 1, 2012, the Structural Pest Control Board is required to deny an application for licensure or suspend a license/certificate/registration if a licensee or applicant has outstanding tax obligations due to the Franchise Tax Board (FTB) or the State Board of Equalization (BOE) and appears on either the FTB or BOE's certified lists of top 500 tax delinquencies over $100,000. (AB 1424, Perea, Chapter 455, Statutes of 2011)
Once it has been determined that an applicant or a licensee is on a certified list, the applicant or licensee has 90 days from the issuance of a "Preliminary Notice of the Intent to Suspend or Withhold Issuance or Renewal of the License" to either satisfy all outstanding tax obligations or enter into a payment installment program with the FTB or BOE. Any such person who fails to come into compliance will have his/her license denied or suspended until the Structural Pest Control Board receives a release from the FTB or BOE. The form for requesting a release will be included with the preliminary notice of suspension or denial.
The law prohibits the Structural Pest Control Board from refunding any money paid for the issuance or renewal of a license where the license is denied or suspended as required by AB 1424 for failure to pay taxes.
The FTB and BOE are currently expanding the certified lists from 250 to 500, but you can check if you are currently on the FTB's certified list or the BOE's certified list. If you believe you are on either list in error, please call the FTB at (866) 418-3702 or the BOE at (916) 445-5167.
San Francisco Chronicle Update
Many of you are aware that the San Francisco Chronicle has been running a column called "Ask the Bugman," written by Richard Fagerlund, for several years. The column has repeatedly spoken negatively about our industry but perhaps more significantly, it has offered ill-conceived, often dangerous and even illegal advice to readers about pest control practices. PCOC has been advocating against this column for years. Recently, we have had ongoing dialogues with the paper and shared specific concerns about the advice being delivered through the column. We were recently informed that Mr. Fagerlund will no longer be writing for the Chronicle.
RODENT CONTROL: AN UNCERTAIN FUTURE One of the biggest ongoing concerns for California PCOs is possible future rodenticide regulation. Many anti pest control advocates do not realize that pest control is one of the three largest contributors to increased life spans in the 20th and 21st centuries: 1) Improvements in the medical field; 2) Indoor plumbing and civil engineering; 3) Control of vector disease carrying insects and animals, especially rodents.
In Medieval England, the Black Death or Bubonic Plague killed 1.5 million out of an estimated 4 million people between 1348 and 1350. After 1350, it was to strike England another six times by the end of the century. These numbers do not even include the rest of Europe. Mainly because of infected rodents traveling on trade ships and caravans from other geographical areas, the plague was introduced to Europe, and no one understood the source. Now the disease is virtually wiped out from the western world with only an occasional recorded case usually coming from an infected animal or rodent.
Worldwide, rats and mice spread more than 35 diseases, including:
These diseases can be spread to humans directly through handling of rodents, through contact with rodent feces, urine or saliva or through rodent bites. Diseases carried by rodents can also be spread to humans indirectly through ticks, mites or fleas that have fed on an infected rodent.
Last year in Nevada, an animal rights advocacy group – TrailSafe – pushed to place restrictions on trapping, including body-gripping devices such as snap traps and glue boards. Instead of reaching out to the industries affected, they went directly to the Nevada Department of Wildlife. NDOW proposed that TrailSafe should meet with industries involved.
TrailSafe instead found a Senator who would sponsor a bill in legislation – SB226. After members of our industry began to respond to the bill, the founder of TrailSafe reached out to the pest control industry in an attempt to be sure we were exempt from the restrictions of SB226. The senate committee put the bill back to NDOW to develop some regulation guidelines for trapping in Nevada.
During subsequent meetings, TrailSafe stated they never intended to impact the trapping of mice and rats. Members of other animal activist groups voiced concerns about the cruelty of glue boards and traps to rodents, wanting to push further than TrailSafe with extreme bans on all trapping devices.
Currently, it appears the guidelines will include an exemption for pest control operators, but imagine if members of the industry like the Nevada Pest Control Association and the National Pest Management Association had not come together to confront the problem. Imagine not being able to not only use rodenticides but traps and glue boards all together. There would be no more rodent control in pest control. Such incidents show the importance of pest associations that stay apprized of such potential threats to the industry. You may ask, "What has my association done for me lately?" Just look at the myriad of bills, potential bills that never became bills and the shortsighted agendas that pest associations like the Pest Control Operators of California have helped prevent. Without such associations, pest control operators would find the industry a much harder business.
Visit http://www.naylornetwork.com/cpc-nwl/pdf/Endorsed_Programs.pdf to view the full article online.
The Workers Compensation Research Institute (WCRI) recently released a study on attorney involvement in comp claims. It found employees are more likely to hire an attorney to represent them in a workers’ compensation case in these circumstances:
1. The employee feels threatened.
2. The employee fears being fired.
3. The employee’s supervisor doesn’t believe the claim is valid.
4. The employee fears his/her claim will be denied. Reasons for this include receipt of a denial notice, a delay in payments or communications with the claims manager.
5. The employee has a serious (permanently disabling) injury.
Employers and claims managers can take steps to mitigate the first four situations. However, the WCRI study found that serious injuries had a "high correlation" with attorney involvement, and actions by employers or claims staff would likely have little effect on reducing attorney involvement in these cases.
Why Try to Minimize Attorney Involvement?
Attorney involvement in a workers’ compensation claim decreases your chances of early return to work, since an attorney has no interest in getting your employee back on the job. Attorney involvement will almost always increase the time it takes to settle a claim and may increase your costs, since you will need your own representation.
Employees don’t always win when hiring an attorney, either. Most workers’ compensation attorneys work on a contingency basis, taking a percentage of any payments or settlement your employee receives.
The following steps can help you reduce the likelihood of misunderstandings that could lead to attorney involvement:
1. Educate employees about workers’ compensation. Knowing how the system works can often allay the fears that lead employees to consult attorneys.
2. Communicate frequently with employees who are out due to work-related injury, rather than turning the claim completely over to your insurer or administrator. Keeping the worker connected to the workplace can lessen his/her fears of being lost in a bureaucracy.
3. Promote your organization’s early return-to-work philosophy. Employees who fear losing their jobs are more likely to hire an attorney; assuring your employees that they will be returned to work as quickly as possible could lessen their fears of termination and get them active again.
4. Train supervisors on the proper handling of a work injury.
5. Make sure employees know that workers’ compensation claims affect the company’s bottom line. As a component of total compensation costs, excessive comp claims could affect the amount the company can spend on other employee benefits.
6. Consider providing long-term disability benefits, which can provide a source of income to disabled employees whose claims might be in dispute. If the claim is found to be work-related, the workers’ compensation insurer will reimburse the disability insurer. (California requires employers to provide employees with short-term disability benefits.)
If, despite these steps, your employee lawyers up, you will want to hire a workers’ compensation defense attorney as soon as possible. Keep in mind that your insurer might sometimes want to settle a claim when it might not be in the best interest of your organization and its experience rating.
For more information, please contact the PCOC Insurance Program department of Jenkins Insurance Services at (877) 860-7378.
| NAME COMPANY DISTRICT |
MEMBER TYPE | REFERRED BY |
| Mr. Rob L. Ives | A | |
| Control Solutions, Inc. | ||
| XOS | ||
| Mr. Mike Duran, Sr. | R | |
| Duran's Termite & Pest Control | ||
| PALMSPNGS | ||
| Mr. Dennis Lehman | R | J. Adams/Michael Glauser |
| Diablo Valley Pest and Home Care | ||
| DIABLO | ||
| Scott Crowley | S | |
| Lloyd Pest Control | ||
| SAN DIEGO | ||
| Mr. Richard Bandfield | R | Jenkins |
| Monarch Pest Management | ||
| ORANGE | ||
| Mr. Anthony W. Nye | A | Steve Adams |
| UBS Financial Services, Inc. | ||
| BIG VALLEY |
TEMPORARY NPMA LOGIN FOR JOINT MEMBERSHIP
LOGIN: 313501
PASSWORD: PCOC
PCOC website password until June 30, 2012: "npma"
PCOC website password for 2012-2013 effective July 1, 2012: "killbugs"
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
