California Assembly Bill AB2529 Introduced / Bill

 BILL NUMBER: AB 2529INTRODUCED BILL TEXT 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: SECTION 1. Section 8506.1 of the Business and Professions Code is amended to read: 8506.1.  (a)    A "registered company" is any sole proprietorship, partnership, corporation, or other organization or any combination thereof that is registered with the Structural Pest Control Board to engage in the practice of structural pest control.  A   (b)     A  registered company may secure structural pest control work, submit bids, or otherwise contract for pest control work. A registered company may employ licensed field representatives and licensed operators to identify infestations or infections, make inspections, and represent the company in the securing of pest control work. A registered company may hire or employ individuals who are not licensed under this chapter to perform work on contracts covering  wood-destroying organisms   Branch 1, 2, or 3, or any combination of branches,  only after an operator or field representative has fully completed the negotiation or signing of the contract covering a given job.  A registered company may hire and use individuals who are not licensed under this chapter on service contracts already established.   (c) This section shall not be construed to authorize an unlicensed individual to perform work that requires a license pursuant to this chapter.  SEC. 2. Section 8616.9 of the Business and Professions Code is amended to read: 8616.9.  (a)    If an employee is found during an inspection or investigation not wearing personal protective equipment required by  label or  regulation, the commissioner  shall have the option to use discretion in citing an employer only if evidence of all of the following is provided:   may take disciplinary action   against an employer and may assess a civil fine against the employee. If the commissioner does not take disciplinary action against an employer, the commissioner may assess a civil fine against the employee only if the employer provides evidence of all of the fo   llowing:   (a)   (1)  The employer has a written training program, has provided training to the employee, and has maintained a record of training as required by  label or  regulation.  (b)   (2)  The employer provided personal protective equipment required by  label or  regulation, the equipment was available at the site when the employee was handling the pesticide or pesticides, and the equipment was properly maintained and in good working order.  (c)   (3)  The employer is in compliance with regulations relating to the workplace and supervision of employees.  (d)   (4)  The employer has  implemented   documented implementation  and adheres to a written company policy of disciplinary action for employees who violate company policy or state or local laws or regulations.  (e)   (5)  The employer has  no history of repeated violations of this section.   not been disciplined for a violation of the personal protective equipment requirement for the previous two years.   (b) A civil fine assessed against an employee pursuant to this section shall not exceed _____dollars ($____).  SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.