News Briefs

One of the most amazing practices that persists both in Washington and in Sacramento is the effort by elected officials to pass laws. Ok, if you stop reading right here, everything would be ok, right?...That’s their job! However, many of these laws which Congress and the California Legislature pass, don’t apply to them....because they specifically exempt themselves from them.

A good example is so-called "sunshine laws" to bolster government transparency. These laws, open meetings of government agencies, open records, competitive bidding, etc. are valuable tools for anyone interested in knowing what government is doing and an important check on runaway government corruption. Indeed, our own Structural Pest Control Board (SPCB) is subject to these sunshine laws.

Over the years, though, the Legislature has exempted itself from the sunshine laws that it imposes on others. For instance, when the Legislature passed a law 15 years ago to mandate greater access to public records, it exempted itself.

Another example, California’s Brown Act makes it illegal for a quorum of a public agency to meet behind closed doors. This is something the SPCB is very careful about complying with. Routinely, however, legislative majorities meet in caucuses to decide how to handle upcoming legislation. Secrecy rules...especially at this time of year when the final state budget is being put together.

Dozens of "trailer bills" are written in the dead of night, often with provisions that have nothing to do with the budget. A good example was last year when a legislator tried to slip in a provision requiring notification of spraying by pest control professionals. These type of bills have been dubbed "mushroom bills:" grown in darkness, nourished in excrement.

Shining the light on these kinds of practices is due diligence for us as California citizens and voters. Reform is needed, but do you think the majority in the Legislature will pass it?!

PhOSPHINE FUMIGANT UPDATE:

At the beginning of June, PCOC received an email from the NPMA policy team:

NPMA Fumigation Committee:

The NPMA Policy Team recently became aware of a change in the requirements for transporting certain phosphine fumigant products. Detailed information is outlined below.

NOTICE:

PMPs transporting Degesch Phostoxin (aluminum phosphide) are now required to appropriately placard their vehicles when transporting Phostoxin. Previously, Degesch had obtained a special permit (DOT – SP 11329) which exempted private motor vehicles used in pest control operation from placard requirements for the transportation of Phostoxin in aluminum canisters smaller than 1.5 kg. The special permit has been canceled by the U.S. Department of Transportation (DOT). The required placard information is listed below along with information concerning the rescinded special permit. PMP’s are now required to be in compliance with placarding requirements detailed in 49 CFR §§ 172.504 and 172.548, "Dangerous When Wet."

Degesch has informed NPMA that they are in the process of reauthorizing the special permit though DOT. NPMA is also pursuing independent efforts to assist in reauthorizing the special permit on behalf of PMPs.

If you have any questions or concerns, please contact NPMA's Director of Regulatory Affairs Andrew Bray abray@pestworld.org

Excerpted from the Degesch Phostoxin Manual:

TRANSPORT DESIGNATIONS

The following transport designations apply to aluminum phosphide:

Identification No.: UN 1397

Proper Shipping Name: Aluminum phosphide

Hazard Class: 4.3 (6.1)

Packing Group: PG I

Shipping Label: Dangerous When Wet/Poison

Shipping Placard: Dangerous When Wet

NEW UPDATE ON THE UPDATE

The week following the email received from NPMA, we received this additional information:

 In conjunction with some work done with County Ag & DOT, we can continue to use Fumitoxin with the exemption, read below. (Per Corina Zurcher, Director of Regulatory Affairs, Target)

 Hello everyone,

We just received news that end users will still be able to use the expired D.O.T. Exemption for all aluminum phosphide products. This news comes in light of the fact that Degesch submitted a reconsideration letter to D.O.T. for re-evaluation within the twenty day period to contest the cancellation. D.O.T. will be reaching out to Degesch to inform them that end users can continue to use the expired exemption pending further review. Degeschhas currently posted on their website that the permit cannot be used pending review. However, D.O.T. confirmed today that it can (please see their response in writing below).

Attached is the D.O.T. Exemption and Cover Letter that applicators need to keep on their vehicles when transporting exempt amounts of aluminumphosphide. Please let your customers know as soon as possible.

Also, as a follow-up, Mike Paynter received notification from D.O.T. in writing today that the expired exemption is allowed as well. Pending further review, should this next attempt to renew the permit be denied, Degesch would have another 30 days to resubmit again. If denied again, another resubmittal — each submittal would still allow for the expired exemption to be used continuously by end users. Each review period could take anywhere from 4-6 months plus.

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 PCOC SERVICE IMPOSTERS

Recently, I received calls from various members concerning a merchant service program claiming to be working with or representing PCOC. They are not a part of PCOC or even members of PCOC. Currently, we have WorldPay as part of our Members’ Value Program – a member benefits program for PCOC members only. Worldpay, one of the largest merchant processors in the United States, has been chosen to be part of the PCOC Members’ Value Program.

1. Each PCOC Member company (PCO, Vendor or Supplier) will receive competitive pricing with a "Meet or Beat" current rates incentive. Since each client may require various payment processing options, Worldpay will work directly with the client to provide the best solution.

2. Until July 31, 2015, each PCOC Member company will receive a one-time, $150 credit to the state PCOC membership and up to a $100 credit for the local district fees. The credits will be paid directly to the PCOC for use toward annual membership dues.

3. WorldPay is reinvesting a portion of the proceeds back into the industry through PCOC.

If you would like additional details on the Worldpay program, please contact Heather Tutton directly at 951-202-7616. For those attending the PCOC Expo 2015 in Monterey, Worldpay will be an exhibitor at the convention.

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SPCB TESTING WORKSHOP – JULY 2015

The Structural Pest Control Board staff has been working with the Office of Professional Examination Services (OPES) on improving the Field Representative exams and has removed a number of questions that performed poorly.

To help further improve the exams, the SPCB will be conducting a Field Rep branch 2 workshop on July 14-15, 2015. This workshop will be very important because SME’s will be assigning new tasks and knowledge statements based on the results of the occupational analysis of the existing exam questions that is currently underway.

Interested industry members can contact Dave Skelton at 916-561-8700 as soon as possible. Dave will start gathering a list of interested licensees.

PCOC Expo 2015 — June 25-27, 2015

Hyatt Regency — Monterey, California
Attendee Flier
Exhibitor Flier
Hotel Reservation
Commitee Meeting Schedule

17th Annual PCOC Fishing Trip — August 6-7, 2015
FLIER

Board of Directors Meeting — September 25- 26, 2015
Catamaran Resort — San Diego
Golf Tournament Registration

Board of Directors Meeting — December 11-12, 2015
Palm Springs Hilton — Palm Springs, California

PTSD is a psychological syndrome that can affect a person of any age. PTSD can occur after living through or seeing a traumatic event, such as war, a hurricane, sexual assault, physical abuse or a bad accident. Signs of PTSD may start soon after the event and then continue. Other people develop new or more severe signs months or even years later.

PTSD makes people feel stressed and afraid after the danger is over, affecting their lives and the lives of those around them. It can cause problems such as:

• Flashbacks, or feeling like the event is happening again
• Trouble sleeping or nightmares
• Feeling alone
• Angry outbursts
• Feeling worried, guilty or sad.

An employee with PTSD is more likely to suffer mental stress from a workplace incident than other employees. However, PTSD differs from other "co-morbid" conditions, such as obesity, a prior injury or seizures, which make a person more prone to accident or health problems. Unlike those other conditions, PTSD is not easily visible and often undiagnosed. 

Employers take their employees as they are, past experiences and all. If your worker has a work-related injury, your workers’ compensation would cover it, even if he had condition that made him more prone to injury. For example, let’s say an overweight warehouse worker developed knee problems from too much bending. If he could prove the job caused his injury, your workers’ compensation would have to pay — even if his obesity made him more prone to joint problems. It’s the same with PTSD — just because a worker suffered from mental stress employment does not mean that his condition is not compensable.

Sometimes physical trauma, such as an assault or injury, can trigger episodes of PTSD. Sometimes they happen due to mental stimulus, such as harassment or other stressful events with no physical injury.

In some states, workers’ compensation only covers mental stress claims, including PTSD, if the stress results from a physical injury. Other states will compensate so-called "mental-mental" claims.

California workers’ compensation might cover a mental stress claim if it meets certain conditions. The employee must have worked for the employer for at least six months. He or she must have a diagnosed mental condition that causes a disability or need for medical treatment. Finally, a claimant must prove that work conditions were at least a 51 percent contributor to the mental stress injury.

If a traumatic or violent event happens at work, employees who suffer immediate emotional stress may have claims that would be denied under normal work conditions. Some state regulations explicitly address violence, and in other states, court rulings have established precedents for dealing with claims that stem from violent acts. In California, victims of workplace violence only have to prove that work conditions were 35 percent responsible for their mental injuries.

With a stress claim, the employee’s overall mental health and his or her personal life may become relevant. This is a sensitive area that a claims professional should handle. For more information on handling PTSD and other mental stress claims, please contact the PCOC Insurance Program department of EPIC at (877) 860-7378 or, email us @ ProPest@epicbrokers.com. Also check out: www.pcocinsurance.com.