As you all know by now, AB 1788 (Bloom) made it out of Senate Appropriations this week. As I write this article, it’s not clear for the process going forward since the senate is now adjourned due to a covid outbreak. We expect this bill to be voted on virtually so I hope you continue to call and email your senators in the coming days! Next step after the senate is that it must go back to the assembly to vote on concurrence of the amendments and then potentially on to the Governor.  It’s been clear over the last week or so that many of our elected officials couldn't care less about our industry based  on the way we have been treated in this process so I hope that all of you actively engage with your assembly members and senators and remind them that we’re an essential industry during this crisis that protects people, property and our food supply on a daily basis.  You might also tell them that we protect all people not only those from wealthy suburbs who couldn't care less about those that live in Rodent invested communities! 

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

Well, we thought we were out of the woods on rodenticides…but it has gone the way of COVID: in a totally unpredictable direction.  AB 1788 has been resurrected again. We thought it wouldn’t.  We were told it wouldn’t.  We even removed our bill because we thought it was the right thing to do given the priorities of the legislature.  But, it has been amended and the author is trying to get it out of Senate Appropriations.  A quick summary of the amendments:

• The second generation anti-coagulant rodenticides would not be able to be used until DPR has completed its re-evaluation and the mitigation has been determined
• The Department of Fish and Wildlife must be consulted to give input on the final mitigation in order for it to be implemented
• All references to first generation anti-coagulant rodenticides (i.e. diphacinone) have been removed
• Additional exemptions have been added including the protection of water supply infrastructure, medical waste generator, sites that fall under the inspection code of the Food, Drug, and Cosmetic Act

This amended bill is one that we do not like and feel that it should not be heard in any form.  We are working to have the bill held in committee.  PCOC is working on the behalf of its members and protecting their tools in any way they can.  We will keep you posted!

Darren Van Steenwyk, M.S., BCE
Clark Pest Control
Director of Learning and Technical Services
PCOC Legislative Committee Chair
(209) 224-4629
darrenv@clarkpest.com

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

A new PCOC Minute is here

In this PCOC Minute, EVP, Chris Reardon, gives updates.

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.

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.

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 Begins New Fundraising Committee

As you know, Covid-19 has greatly impacted all of our lives and businesses as well as our state association. As you may also know, a large portion of PCOC’s revenue comes from our events, which have been cancelled.

To help with this immediate need, as well as to ensure sustainable financial security, a statewide Fundraising Committee is being developed. If you are interested in helping out in this area, please contact tmickel@clarkpest.com. Ideally, we’d like to have one person from each district on the committee. Special thanks to Mary Hernandez for volunteering to represent the Executive Committee in this endeavor.

Once we have our committee put together, some of the initial issues we will be addressing include:

1. In what specific ways can our Fundraising Committee help you and your district?
2. What fundraising ideas do you have? For your district, as well as for the State Association.
3. What specific items would you like to see in the PCOC store?
4. Any other ideas?

If you have ideas/responses for any of these, please send them to tmickel@clarkpest.com.

Travis Mickel
Clark Pest Control
PCOC Fundraising Committee Chair
Office: (530) 823-6494 ext. 820
Mobile: (831) 262-8025
tmickel@clarkpest.com

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