California Legislature—2015–16 Regular Session

Assembly BillNo. 2529


Introduced by Assembly Member Linder

February 19, 2016


An act to amend Sections 8506.1 and 8616.9 of the Business and Professions Code, relating to structural pest control.

LEGISLATIVE COUNSEL’S DIGEST

AB 2529, as introduced, Linder. Structural pest control.

Existing law defines, licenses, and regulates structural pest control operators and creates the Structural Pest Control Board in the Department of Consumers Affairs to administrate these provisions. Existing law defines a registered company to be specified types of business organizations registered with the board to engage in the practice of structural pest control and defines operators, field representatives, and applicators as specified classes of individual licensed by the board to practice structural pest control. Existing law prescribes 3 different classifications of structural pest control licenses based on the types of pest control work permitted, which are termed branches. Existing law makes a violation of these provisions a misdemeanor, punishable by a fine of not less than $100 and not more $1,000, or 6 months in jail, or both.

Existing law authorizes a company registered with the board to engage in the practice of structural pest control to hire or employ individuals who are unlicensed to perform contracts covering wood destroying organisms only after an operator or field representative completes the negotiation or signing of the contract covering the job.

This bill would specify that the registered company may hire or employ unlicensed individuals to perform work on contracts or service agreements, as defined, covering Branches 1, 2, or 3, or combination thereof.

Existing law prescribes the circumstances under which an employer may be cited if, during an inspection or investigation, an employee is found not wearing personal protective clothing required by regulation.

The bill would, instead, permit disciplinary action against the employer and the assessment of a civil fine not to exceed $___ if the employee is found to not wear personal protective equipment required by label or regulation. The bill would, if disciplinary action is not taken against the employer, permit a civil fine to be assessed against the employee only if an employer provides evidence of specified employer practices and would also include, in this regard, the requirement that the employer has not been disciplined for a violation of the requirement for the previous 2 years.

By expanding the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 8506.1 of the Business and Professions
2Code
is amended to read:

3

8506.1.  

begin insert(a)end insertbegin insertend insert A “registered company” is any sole proprietorship,
4partnership, corporation, or other organization or any combination
5thereof that is registered with the Structural Pest Control Board to
6engage in the practice of structural pest control.

begin delete

7 A

end delete

8begin insert(b)end insertbegin insertend insertbegin insertAend insert registered company may secure structural pest control
9work, submit bids, or otherwise contract for pest control work. A
10registered company may employ licensed field representatives and
11licensed operators to identify infestations or infections, make
12inspections, and represent the company in the securing of pest
13control work. A registered company may hire or employ individuals
14who are not licensed under this chapter to perform work on
P3    1contracts coveringbegin delete wood-destroying organismsend deletebegin insert Branch 1, 2, or 3,
2or any combination of branches,end insert
only after an operator or field
3representative has fully completed the negotiation or signing of
4the contract covering a given job.

begin delete

5A registered company may hire and use individuals who are not
6licensed under this chapter on service contracts already established.

end delete
begin insert

7(c) This section shall not be construed to authorize an unlicensed
8individual to perform work that requires a license pursuant to this
9chapter.

end insert
10

SEC. 2.  

Section 8616.9 of the Business and Professions Code
11 is amended to read:

12

8616.9.  

begin insert(a)end insertbegin insertend insert If an employee is found during an inspection or
13investigation not wearing personal protective equipment required
14bybegin insert label orend insert regulation, the commissionerbegin delete shall have the option to
15use discretion in citing an employer only if evidence of all of the
16following is provided:end delete
begin insert may take disciplinary action against an
17employer and may assess a civil fine against the employee. If the
18commissioner does not take disciplinary action against an
19employer, the commissioner may assess a civil fine against the
20employee only if the employer provides evidence of all of the
21following: end insert

begin delete

22(a)

end delete

23begin insert(1)end insert The employer has a written training program, has provided
24training to the employee, and has maintained a record of training
25as required bybegin insert label orend insert regulation.

begin delete

26(b)

end delete

27begin insert(2)end insert The employer provided personal protective equipment
28required bybegin insert label orend insert regulation, the equipment was available at the
29site when the employee was handling the pesticide or pesticides,
30and the equipment was properly maintained and in good working
31order.

begin delete

32(c)

end delete

33begin insert(3)end insert The employer is in compliance with regulations relating to
34the workplace and supervision of employees.

begin delete

35(d)

end delete

36begin insert(4)end insert The employer hasbegin delete implementedend deletebegin insert documented implementationend insert
37 and adheres to a written company policy of disciplinary action for
38employees who violate company policy or state or local laws or
39regulations.

begin delete

40(e)

end delete

P4    1begin insert(5)end insert The employer hasbegin delete no history of repeated violations of this
2section.end delete
begin insert not been disciplined for a violation of the personal
3protective equipment requirement for the previous two years.end insert

begin insert

4(b) A civil fine assessed against an employee pursuant to this
5section shall not exceed _____dollars ($____).

end insert
6

SEC. 3.  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.



O

    99