Sacramento is used to change every other December as the new legislature is sworn in for the new two-year session. Last week those swearings-in took place for the start of the 2013-14 Legislative Session. [Legislators come to town for a day and then leave until the first week of January!] What was different this year was some history being made on several fronts.

There are 39 new members of the 80-member state Assembly – the largest single influx since 1966. Republicans are outnumbered by Democrats by a 2 to 1 margin – the first time that has happened since the 1880s. This, of course, gives Democrats the power to pass legislation by a two-thirds vote, often called a super majority. This situation is replicated in both the Assembly and the Senate – the first time this has happened since 1883. The Senate is replacing nine of its 40 members. Only one of those has never been a legislator!

Term limits for the incoming class will be 12 years in either house, not a maximum of six and eight years in the Assembly and the Senate respectively.

The small number of Republicans puts the spotlight on 20 moderate Democrats, 11 of them freshmen, who could block tax hikes.

This is all very fascinating for political junkies. However, more important is what it means for PCOC. With such a huge influx of new faces, it is essential that we educate these new legislators on the issues relating to the pest control industry in California. We will be doing this through one-on-one meetings by our lobbying team, by holding breakfasts and lunches involving PCOC members, and coordinating with PCOC districts to invite these new lawmakers to speak...and even invite them to spend a day with a pest control company! Every district can "Adopt A Legislator."

Challenging times ahead for us all! As we end this year, 2012, you can be assured that, moving forward, we have built up a strong association, quite up to the challenges that will lie ahead. Protecting the pest control industry in California is what we do!

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

PEST ED 2013 - UPDATE

I am pleased to announce that the Structural Pest Control Board has reviewed the hours applied for Pest Ed 2013. The acceptance is as follows:

Morning Session: 2 hours Rules and Regs & 1 hour IPM

Branch 2 Afternoon: 3 hour Branch 2 Technical

Rules and Regs Afternoon: 3 hours Rules and Regs

Branch 1 & 3 Afternoon: 1.5 hours Technical Branch 1 & 3

DPR has also sent back their approval for a total of 4.5 hours for agricultural licensees:

Laws and Regulations: 2 hours

Other: 2.5 hours

We will have an exciting cast of speakers along with vendor booths and a buffet-style lunch. You can check the upcoming events section of our website to find a link to the agenda and a registration form, or click here. Just fill out the form, pick the afternoon class and location you want, and mail it back to us. Remember the cut off for early registration is December 19^th. Hope to see you there.

Recently, it has been brought to my attention by a few different companies that they have received requests to fill out the NPMA-33 form in regards to FHA-HUD and VA loans. NPMA-33 is a generic form that many states that do not have such a structured Branch 3 inspection report use. The biggest issue is that the NPMA-33 form is a Wood Destroying Insect inspection report that does not address fungus like a WDO report does.

Back in 2005 this was an issue that the Structural Pest Control Board addressed and wrote a letter informing licensees that the NPMA-33 form is not acceptable in California. California's WDO inspection report is more than sufficient for FHA-HUD and VA loans. If any operators run into this problem, please contact the Structural Pest Control Board's WDO department or feel free to contact me at (916) 372-4363 for a copy of the letter.

The Federal Trade Commission filed charges against two different companies marketing natural bed bug products claiming these two companies were using deceptive advertising they have allegedly failed to support. The first, RMB Group, LLC, advertised that their Rest Easy product line, containing a liquid solution of cinnamon, lemongrass, peppermint and clove oils, kills and repels bed bugs, and that a consumer can create a barrier against them by spraying the product around a bed. The FTC alleges that the defendants do not have competent and reliable scientific evidence to support such claims. The product was sold to Bed Bath & Beyond, Walgreens and Big Lots for consumer sales.

The FTC charges that the second company, Ceadarcide Industries, made unsupported claims that their natural product line, Best Yet!, is effective at stopping and preventing bed bug infestations and that scientific studies prove it is more effective than synthetic pesticides. The FTC also charges the defendant with falsely claiming that the Environmental Protection Agency has warned consumers to avoid synthetic pesticides for treating bed bug infestations, and that Best Yet! is scientifically proven to stop and prevent head lice infestations, that it kills head lice eggs, dissolving the glue that binds eggs to hair, and can kill head lice and eggs in a single treatment. They also allegedly made false claims that it was invented for the U.S. Army at the request of the U.S. Department of Agriculture, and that the USDA has acknowledged the product as the number one choice of bio-based pesticides.

RMB Group has agreed to settle the charges made against their "Rest Easy" bed bug products. The FTC filed both complaints and the proposed settlement order for the RMB Group in the U.S. District Court of the Northern District of California on September 5, 2012. The proposed settlement order is subject to court approval.

Under PAPCO Trustees, Lawrence Schork was elected at the 2012 Annual meeting to replace Mark Kingman, who retired from this position. Our apologies for this omission.

What the employer does during the first few days after an employee reports a workplace injury or illness can have a critical effect on the likelihood of that employee returning to work and making a full recovery. Following are some suggested action steps.

1. If the employee cannot return the next day, call him at home. Ask him, "How are you feeling, what restrictions did the doctor place and the reasons, when can you return to work," etc. Keep the tone warm, friendly and supportive. Establishing a good relationship at this point is crucial.

2. Request medical documentation to support the time off from work. The documentation must contain a diagnosis, a treatment plan and how long before the employee can resume light work. Make sure the employee understands that a note saying he is "under Dr. X's care" is not enough; it must contain the diagnosis, treatment plan and estimated date of return to work.

3. Send every newly injured employee a get-well card. This can make a world of difference in getting your relationship with the injured employee off on the right foot.

4. Continue to telephone the injured employee at home every couple of days during the early days of his injury, and document every phone call. If you get no answer, leave a callback message if possible. Document those messages as well. An injured employee who is "never home" is something to automatically be suspicious of. Also keep the supervisor informed about how the employee is doing and when he can return to work, so the supervisor can plan the work load.

5. Continue to stay in touch with the injured employee at home. Even if it appears that recovery will be slow, the claims manager and employee's supervisor should maintain a professional relationship and keep up with the employee.

6. Keep an injured employee in the loop. Encourage her to attend staff meetings, if she is physically able to do so. Ask for her input on ongoing projects, if feasible and her health permits.

7. Return the employee to work, in a light-duty or modified job if needed, as soon as possible. An employer should have job descriptions for each employee, so that the treating physician will know exactly what the injured employee's key tasks are and can discuss modifications, if needed. As an employer, you might also want to develop a list of light-duty, temporary jobs so that you have a list of jobs ready if an employee gets injured.

For more suggestions on handling a workplace injury, please contact the PCOC Insurance Program department of Jenkins Insurance Services at (877) 860-7378 or, email us at ProPest@Leavitt.com.

NPMA LOGIN FOR JOINT MEMBERSHIP

LOGIN: 313501

PASSWORD: PCOC

PCOC website password for 2012-2013 effective July 1, 2012: "killbugs"

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.