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 administer these provisions. Existing law defines a registered company to be any of 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 individuals 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 Branch 1, 2, or 3, or combinations thereof. Existing law designates 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 prescribes the circumstances under which an employer may be cited by the commissioner if, during an inspection or investigation, an employee is found not wearing personal protective clothing required by regulation. The bill would recast these provisions to permit referral for statewide disciplinary action against the employer, suspension of the employer, the assessment of an administrative fine against both the employer and the employee not to exceed $5,000 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 and the employer is not assessed an administrative fine, permit an administrative fine to be assessed against the employee 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 or assessed an administrative fine 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.