Amended in Assembly April 14, 2016

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 amended, 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 tobegin delete administrateend deletebegin insert administerend insert 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 ofbegin delete individualend deletebegin insert individualsend insert 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, coveringbegin delete Branchesend deletebegin insert Branchend insert 1, 2, or 3, orbegin delete combinationend deletebegin insert combinationsend insert thereof.

Existing law begin insertdesignates the county agricultural commissioner as the lead agency for inspections and routine investigations of pesticide use by the board licensees and registered companies. Existing law end insertprescribes the circumstances under which an employer may be citedbegin insert by the commissionerend insert if, during an inspection or investigation, an employee is found not wearing personal protective clothing required by regulation.

The billbegin delete would, instead,end deletebegin insert would recast these provisions toend insert permitbegin insert referral for statewideend insert disciplinary action against thebegin delete employer andend deletebegin insert employer, suspension of the employer,end insert the assessment ofbegin delete a civilend deletebegin insert end insertbegin insertan administrativeend insert finebegin insert against both the employer and the employeeend insert not to exceedbegin delete $___end deletebegin insert $5,000end insert 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 thebegin delete employer,end deletebegin insert employer and the employer is not assessed an administrative fine,end insert permitbegin delete a civil fineend deletebegin insert an administrative fineend insert to be assessed against the employeebegin delete onlyend delete if an employer provides evidence of specified employer practices and would also include, in this regard, the requirement that the employer has not been disciplinedbegin insert or assessed an administrative fineend insert 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.  

(a) A “registered company” is any sole proprietorship,
4partnership, corporation, or other organization or any combination
P3    1thereof that is registered with the Structural Pest Control Board to
2engage in the practice of structural pest control.

3(b) A registered company may secure structural pest control
4work, submit bids, or otherwise contract for pest control work. A
5registered company may employ licensed field representatives and
6licensed operators to identify infestations or infections, make
7inspections, and represent the company in the securing of pest
8control work. A registered company may hire or employ individuals
9who are not licensed under this chapter to perform work on
10contracts covering Branch 1, 2, or 3, or any combination of
11branches, only after an operator or field representative has fully
12completed the negotiation or signing of the contract covering a
13given job.

14(c) This section shall not be construed to authorize an unlicensed
15individual to perform work that requires a license pursuant to this
16chapter.

17

SEC. 2.  

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

19

8616.9.  

(a) If an employee is found during an inspection or
20investigation not wearing personal protective equipment required
21by label or regulation, the commissioner maybegin delete take disciplinary
22actionend delete
begin insert refer the violation by the employer for statewide disciplinary
23action by the board or suspend the right of the employer to work
24in the county for up to three working days. If the commissioner
25does neither, the commissioner may assess an administrative fineend insert

26 againstbegin delete an end deletebegin insert both the end insertemployer andbegin delete may assess a civil fine againstend delete
27 the employee.begin delete If the commissioner does not take disciplinary action
28against an employer, theend delete
begin insert If the commissioner takes no action
29against the employer for this violation, theend insert
commissioner may
30assessbegin delete a civilend deletebegin insert an administrativeend insert fine against the employeebegin delete onlyend delete if
31the employer provides evidence of all of the following:

32(1) The employer has a written training program, has provided
33training to the employee, and has maintained a record of training
34as required by label or regulation.

35(2) The employer provided personal protective equipment
36required by label or regulation, the equipment was available at the
37site when the employee was handling the pesticide or pesticides,
38and the equipment was properly maintained and in good working
39order.

P4    1(3) The employer is in compliance with regulations relating to
2the workplace and supervision of employees.

3(4) The employer has documented implementation and adheres
4to a written company policy of disciplinary action for employees
5who violate company policy or state or local laws or regulations.

6(5) The employer has not been disciplinedbegin insert or assessed an
7administrative fineend insert
for a violation of the personal protective
8equipment requirement for the previous two years.

begin delete

9(b) A civil fine assessed against an employee pursuant to this
10section shall not exceed _____dollars ($____).

end delete
begin insert

11
(b) (1) An administrative fine assessed against an employer
12pursuant to this section shall not be less than seven hundred dollars
13($700) nor more than five thousand dollars ($5,000). An
14administrative fine assessed against an employee pursuant to this
15section shall not be less than two hundred fifty dollars ($250) nor
16more than five thousand dollars ($5,000).

end insert
begin insert

17
(2) In assessing an administrative fine pursuant to this section,
18the board or commissioner shall consider the appropriateness of
19the amount of the fine to the gravity of the violation, the good faith
20of the licensee, and the history of prior violations.

end insert
begin insert

21
(c) Nothing in this section is intended to limit the authority of
22the commissioner to take action against the employee pursuant to
23Section 8617, including suspension of the employee’s license or
24referral of the violation for statewide disciplinary action by the
25board pursuant to Section 8620.

end insert
26

SEC. 3.  

No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.



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