Fall 2018 Pest Newsletter · 2019. 9. 4. · QUALITY EDUCATION SAFETY N E B R A S KA S T A T E PEST...

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QUALITY EDUCATION SAFETY N E B R A S K A S T A T E PEST NEWS PEST NEWS PEST NEWS Nebraska State Pest Control Association 8700 Executive Woods Dr, Ste 400, Lincoln, NE 68512-9612 Phone: (402) 476-1528 Email: [email protected] | www.nspca.org Official Newsletter of the NSPCA Fall 2018 Message from the President By Travis Lucas We have a new address! Creating a Successful Company Culture Save The Date Thursday-Friday February 21-22, 2019 The Cornhusker Marriott Lincoln, NE This is just one example of the sticky business of customer confiden- tiality. We work in some of the most private settings of people’s businesses and homes. We see food harvested, slaughtered, processed, sold, and served. We work where people live, eat, sleep, and bathe. They tell us de- tails of their travels, habits, families, and lives. And, quite frequently, they show us their bites. Much of what we see are things that no one wants to be “What are you treating for?” That’s a common ques- tion that most of us get asked by a customer’s neighbor. “Ants. Spiders. Bee- tles” are com- mon enough replies. The neighbor usually goes on to tell you about a time he had ants and what he did to get rid of them and everyone carries on with their business. What if the answer is Bed Bugs, Roaches, or Rats? The conversation will usually go in a much different direction. We all know that those type of pests are associated with, in truth or not, filth, unsanitary living conditions, and stigmatized socio-economic or racial demographics. When someone finds out that they are living next to a home with roaches they may jump to certain conclusions about their neighbor, how he does or doesn’t clean his house or even what type of people he associ- ates with. It may reinforce negative feelings that he already had about “those people”. common knowledge. I’ll briefly de- scribe other instances where customer confidentiality is an important consid- eration. One relocation company that we receive WDI inspection orders from has very direct wording prohibiting the inspector from disclosing any informa- tion or results to the homeowner. As the purchaser of the inspection, they own the information. Similarly, in a routine real estate WDI inspection, the purpose is to inform the buyer about the condi- tion of the home, and ideally, they re- ceive the report before the seller has knowledge if it. Around the shop, and amongst others in the business, we all have a good time telling our “worst ever” stories. These are the ones about the man with Bed Bugs in his chest hair, roaches in the bed, basements carpeted in dog poop, and all the aromas associated with hoarding. Sharing these stories in pri- vate is good fun, but if we put a name or an address to the stories, this informa- tion can cause embarrassment, anger, rumoring, or even cost a business it’s reputation. Ranking as the most contentious realm of customer confidentiality is- sues, one that I touched on last quarter, is the department of tenant and landlord relations. It is all too common to be caught in the middle of a dispute be- tween two parties that want to pass the In the above examples, and in many others, a little information in the wrong hands can cause big trouble. In our business we have a ‘one customer’ practice. One person o r- dered the work, that person is also paying the bill, and that one person is the only one entitled to findings, recommendations, or proposals. If they ask you to share the information, you do, but otherwise it’s between you and the customer.And in case the nosey neighbor asks, you’re treating for pests. blame and the bill onto one another. The landlord wants to find evidence that the tenant brought the bedbugs in so that he can avoid paying for the treatment, keep the damage deposit, and/or evict. The tenant would like to blame the landlord, insist that he pay for the treatment and any additional compensation they have a right to, or break a lease without penalty. Both parties want incriminating evidence on the other and they expect you to pro- vide your expert opinion.

Transcript of Fall 2018 Pest Newsletter · 2019. 9. 4. · QUALITY EDUCATION SAFETY N E B R A S KA S T A T E PEST...

Page 1: Fall 2018 Pest Newsletter · 2019. 9. 4. · QUALITY EDUCATION SAFETY N E B R A S KA S T A T E PEST NEWS Nebraska State Pest Control Association 8700 Executive Woods Dr, Ste 400,

QUALITY

EDUCATION

SAFETY

N

EB

RASKA STAT

E PEST NEWSPEST NEWSPEST NEWSNebraska State Pest Control Association8700 Executive Woods Dr, Ste 400, Lincoln, NE 68512-9612Phone: (402) 476-1528Email: [email protected] | www.nspca.org

Official Newsletter of the NSPCA Fall 2018

Message from the President By Travis Lucas

We have a

new address!

Creating a Successful

Company Culture

June 3-9, 2018

Is NPMA Bed

Bug Awareness

Week

Save The Date

Thursday-Friday

February 21-22, 2019

The Cornhusker Marriott

Lincoln, NE

This is just one example of thesticky business of customer confiden-tiality. We work in some of the mostprivate settings of people’s businessesand homes. We see food harvested,slaughtered, processed, sold, andserved. We work where people live,eat, sleep, and bathe. They tell us de-tails of their travels, habits, families,and lives. And, quite frequently, theyshow us their bites. Much of what wesee are things that no one wants to be

“ W h a t a r ey o u t r e a t i n gfor?” That’s acommon ques-tion that most ofus get asked by ac u s t o m e r ’ sneighbor. “Ants.Spiders . Bee-tles” are com-m o n e n o u g hr e p l i e s . T h e

neighbor usually goes on to tell youabout a time he had ants and what hedid to get rid of them and everyonecarries on with their business. What ifthe answer is Bed Bugs, Roaches, orRats? The conversation will usuallygo in a much different direction. Weall know that those type of pests areassociated with, in truth or not, filth,unsanitary living conditions, andstigmatized socio-economic or racialdemographics. When someone findsout that they are living next to a homewith roaches they may jump to certainconclusions about their neighbor, howhe does or doesn’t clean his house oreven what type of people he associ-ates with. It may reinforce negativefeelings that he already had about“those people”.

common knowledge. I’ll briefly de-scribe other instances where customerconfidentiality is an important consid-eration.

One relocation company that wereceive WDI inspection orders fromhas very direct wording prohibiting theinspector from disclosing any informa-tion or results to the homeowner.As thepurchaser of the inspection, they ownthe information. Similarly, in a routinereal estate WDI inspection, the purposeis to inform the buyer about the condi-tion of the home, and ideally, they re-c e i v e t h ereport beforethe seller hasknowledgeif it.

A r o u n dthe shop, anda m o n g s tothers in thebusiness, weal l have agood t imetelling our “worst ever” stories. Theseare the ones about the man with BedBugs in his chest hair, roaches in thebed, basements carpeted in dog poop,and all the aromas associated withhoarding. Sharing these stories in pri-vate is good fun, but if we put a name oran address to the stories, this informa-tion can cause embarrassment, anger,rumoring, or even cost a business it’sreputation.

Ranking as the most contentiousrealm of customer confidentiality is-sues, one that I touched on last quarter,is the department of tenant and landlordrelations. It is all too common to becaught in the middle of a dispute be-tween two parties that want to pass the

In the above examples, and in manyothers, a littleinformationin the wrongh a n d s c a nc a u s e b i gtrouble. In ourbusiness wehave a ‘onec u s t o m e r ’practice. Onep e r s o n o r-d e r e d t h e

work, that person is also paying thebill, and that one person is the only oneentitled to findings, recommendations,or proposals. If they ask you to sharethe information, you do, but otherwiseit’s between you and the customer.Andin case the nosey neighbor asks, you’retreating for pests.

blame and the bill onto one another.The landlord wants to find evidencethat the tenant brought the bedbugs inso that he can avoid paying for thetreatment, keep the damage deposit,and/or evict. The tenant would like toblame the landlord, insist that he payfor the treatment and any additionalcompensation they have a right to, orbreak a lease without penalty. Bothparties want incriminating evidence onthe other and they expect you to pro-vide your expert opinion.

Page 2: Fall 2018 Pest Newsletter · 2019. 9. 4. · QUALITY EDUCATION SAFETY N E B R A S KA S T A T E PEST NEWS Nebraska State Pest Control Association 8700 Executive Woods Dr, Ste 400,

Brad Kuiper

Government and

Legislative ChairmanHeartland Pest Control

820 Burns St.Gretna, 68028

(402) 332-4707NE

Andy Licht

Nebraska State Pest

Control Association

Lincoln, 68512(402) 476-1528

8700 Executive Woods Dr, Ste 400NE

Tracy Connor

District 1 DirectorCity Wide Termite

& Pest Control14330 Corby StreetOmaha, 68164

(402) 733-1784NE

Carl Braun

District 2 DirectorQuality Pest Control

Box 12140Omaha, 68114

(402) 738-9164

PONE

P. R. Olson

District 3 DirectorOlson’s Pest Technicians

Box 808Norfolk, 68702

(402) 371-7976

PONE

Gregory Poppe

District 5 DirectorPoppe Enterprises, LLC

PO Box 2042Hastings, NE 68902

(402) 984-2856

Travis Lucas,

President

ACE

Benzel Pest Control

813 Morrison Road

Gering, 69341

(308) 632-3437

NE

Shawn Ryan

Vice PresidentHeartland Pest Control

820 Burns StGretna, 68028

(402) 332-4707NE

Dave Ryan

District 4 DirectorCarey’s Pest Control

Box 895Hastings, 68902

(402) 463-9416

PONE

Wayne Lucas

District 6 DirectorBenzel Pest Control813 Morrison RoadGering, 69341

(308) 632-3437NE

NSPCA DIRECTORS OFFICERS&

QUALITY

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3 Factors To Consider Before Selling

Your Company By Stuart & Donna Aust

Other factors to consider – Although your companymay be ready to sell, the question is, are you? Here are someof the “softer” factors to consider when deciding it’s time tosell:

Currently, merger and acquisition activity in the pest con-trol industry continues to surge. How long this will last isunknown. However, this trend should continue to remainactive for some time thanks to the favorable business climate,low interest rates, access to loans and capital, strategic plan-ning and growth of pest control companies, and entry of pri-vate equity firms in the industry.

� When choosing a buyer, keep in mind that you willlikely be staying on at least six months to a year. In addition togetting your target price, you may want to ensure the culturesand leadership styles of the two companies are closely com-patible. This can ease the transition between staff members,as any merger can bring a certain level of stress.

� Others see that selling can translate into higher income.They realize that investing the payment from the sale of theirbusiness can exceed their annual salary as owner. The returnof your investment with a wealth advisor or in real estate canbe quite lucrative. Selling your company does not mean it istime to retire. In fact, the sale can be the start of a new begin-ning that allows you the freedom to pursue other ventures,such as starting a new business, traveling, serving your com-munity or church, or continuing to work for the new buyer.For instance, selling our company allowed us to start TheAust Group.

When you receive one of those offers to buy your com-pany, don’t be so quick to dismiss the prospect of selling. It’seasy to disregard the idea of selling when your revenue andprofitability are surging and all is well. Defying logic, thiscould actually be the right time to give serious considerationtoward selling your company, as it can yield the highest re-turn.

� While all the internal and external selling factors mayor may not line up, you may not be ready. Some owners makethe decision to keep their business in the family. Others de-cide to sell. It’s a very personal decision.Your desire might beto grow your business for now and sell in the future. If that’sthe case, it’s important to keep in mind that the due diligence(pre-sale) and integration process (post-sale) can take sixmonths to a year and a half. Plan accordingly.

Deloitte conducted a recent survey of more than 1,000corporate executives and private equity investors, and theconsensus was that merger and acquisition activity wouldcontinue to accelerate. Approximately 70 percent of execu-tives interviewed in the U.S. and 76 percent of executivesfrom domestic-based private equity firms believe that dealflow will continue to increase.

STUART AUST is president and DONNA AUST is chief editorand consultant of The Aust Group, a mergers and acquisitionsconsulting firm based in Upper Saddle River, N.J. Stuart is also aPMP columnist and former owner of Bug Doctor and its affiliates.He can be reached at [email protected].

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1. Eliminating callbacks, or at leastreducing them, should be the goal ofevery PMP. Establishing protocol fordifferent species of cockroaches invarious sanitation conditions is signif-icant in achieving this goal. — PhilipSmith, President, Compass Pest Man-agement, Cornelia, Ga.

Cockroaches are not going to goaway by themselves. Effective treat-ment depends on many factors; here’show to gain control.

Sometimes, cockroaches comeback after treatment thought to besuccessful. Even when pest manage-ment professionals (PMPs) use everytool at their disposal, control may beelusive. Here are 10 tips to help re-duce customer callbacks.

3. Educate customers to let themknow what they can do to reduce con-ducive conditions and what resultsthey can expect over time. — PhilipSmith, President, Compass Pest Man-

2. Educate and informyour customers of all aspectsof the treatment proceduresand protocols, as well as thetreatment schedule, includ-ing your expectations andexpectation timeline. Call-backs usually are related tothe ongoing support needed(sanitation, housekeeping,building maintenance) tomaintain control after theproblem has been resolved.Customers have a tendencyto let down their guard. —Bi l l Me lv i l l e , Owner,PRIZM IPM Solutions, West Linn,Ore.

How To Curtail Cockroach Callbacks By Diane Sofranec

4. If the source of the cockroachinfestation can be identified and linkedto a specific supplier, an employee whois bringing them in, a family memberwho travels, a particular store wherethey shop, help them understand thechanges in these areas that need to bemade. — Bill Melville, Owner, PRIZMIPM Solutions, West Linn, Ore.

agement, Cornelia, Ga.

6.Assuming a thorough service wasinitiated, the callback rate can and willbe reduced with client cooperation and

education as to why and how the issuefirst emerged. Inform customers thatspecific services require some time totake full effect. Make certain techni-cians are experienced, knowledgeable,and understand what to do and do itwell. Otherwise, issues will emerge. —Dennis Mastrolia, CEO, Dennis the

5. Do the best job possible on thefirst treatment. Treat every home like itis your own. — Crystal Boyd, Com-mercial Sales Manager, Pest Manage-ment of Texas, Sachse, Texas

7. Schedule follow-up visits andshare expected results with your cli-ents. Let them know when you will beback and what to expect between nowand then. Stay proactive in your plan,and discuss any questions your clientmay have when talking about nextsteps. — Kent Smith,ACE, Owner,A+Quality Pest Control, Oskaloosa, Iowa

– From Pest Management Profes-sional

Mennis Pest Experts, Lynn, Mass.

9. Take your time to do agood job. Many technicianshurry through the job and don’teliminate all of the cock-roaches. Slow down. In the pestcontrol business, time is moneyso we are always in a hurry. Butyou have to know when to slowdown and when to speed up. —Randy Konold, Owner, SodakPest Control, Watertown, S.D.

10. Give customers a pestsightings report. Ask them torecord any cockroach sight-

ings, including the time, location, num-ber of cockroaches and name of personor employee who saw them. — KentSmith, ACE, Owner, A+ Quality PestControl, Oskaloosa, Iowa

8. Since making changes in thematerials we use, and equipping alltechnicians with HEPA-filter vacu-ums, callbacks have almost becomenon-existent. Because cockroacheshave an incredible ability to adapt tomaterials, we must field test new meth-ods of treatment long before they adaptto our current treatment methods. —

Josh Fleenor, President, PestPros Pest Solutions, Sacra-mento, Calif.

Top 3 Worst Rat Cities In The U.S.

Rats have the run of although the city receives some helpat decreasing the rodent population from an unexpected source. That

Chicago,

These cities are among the most rat-plagued places in the UnitedStates.

Rats have been enjoying a close rela-tionship with humans for hundreds, if notthousands, of years. Humans derive nobenefits from having rats around, but ratsget all sorts of perks. Most notably: food,shelter and water. Often this has little effect,but in some cases, rats go too far, and their

impact on human populations becomes unbearable.

assistance comes from coyotes, which are allowed to roam the streets ofChicago as part of a study to see how coyotes behave in an urban envi-ronment.

Baltimore's rat problem is bad enough that at one point, rats tun-neled so intensely beneath a particular area of pavement that when gar-bage collectors drove over it, their truck sunk up to its axles. Rats in thevicinity took full advantage of the mishap and swarmed the truck, gorgingon the garbage inside.

Incidents of unexpected rat appearances are frequently broadcastout of the Big Apple ( ). Take the KFC/Taco Bell ratscapadeof 2007. At a KFC/Taco Bell fast-food outlet located in Greenwich Village,a pack of rats drew big crowds and camera crews after they were discov-ered nonchalantly scurrying around the main eating area of the restaurantbefore it opened for the day.

New York City

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Boric Acid Kills Bed Bugs, But Only When They Eat It By Andrew Porter�eld

One common treatment has beento use boric acid on bed bugs, as adust, spray, bait, paste, gel, or liquid.Dust may be the most common boricacid treatment, but it’s efficacy is notknown. Some pest control advisorsand agricultural extension agencieshave even recommended not usingboric acid at all. To help determine thee ff i cacy of bor i c ac id on C.lectularius, a team from NorthCarolina State University led by ento-mology professor Coby Schal, Ph.D.,examined two ways to deliver boricacid: contact with dust or by inges-tion. They also compared results toboric acid treatments on commonGerman cockroaches (Blatellagermanica), which boric acid can killby both routes.

The researchers conducted fourexperiments on the bed bugs androaches.

In a study published in Septemberin the Journal of Economic Entomol-ogy, Schal and his team report thatboric acid can kill a significant num-ber of bed bugs—but only if the chem-ical is ingested. Bed bugs that eat bo-ric acid at concentrations greater than2 percent die quickly, and concentra-tions as low as 0.5 percent caused 100percent die-offs, although at a slowerpace. However, external contact withhigh concentrations of boric acid dustdid not have a significant effect on bedbugs. By comparison, boric acid ef-fectively killed concentrations ofGerman cockroaches, regardless ofthe route of contact.

After years of apparent dormancy,the bed bug (Cimex lectularius), hasmade a comeback in Europe and theUnited States. While the insects donot transmit disease, they are a nui-sance, infesting bedding and otherfurniture and leaving clear symptomsof biting. As scientists try to deter-mine a reason for their resurgence,pest management professionals andmembers of the public have searchedthrough a number of eradication meth-ods, including chemical pesticidesand other treatments, with varying(and often negligible) success.

� The first experiment involved

Bed bugs had no aversion to feedingon boric acid at concentrations up totwo percent, though the number of fullyengorged bugs dropped to 80 percent at5 percent concentrations.

Simple exposure only to the dustshowed a 33 percent mortality rateamong bed bugs after 14 days of obser-vation. Increasing concentrations ten-fold only increased unfed male mortal-ity by 10 percent, and there was nodifference between fed and unfed bugs.Nor did reducing the size of boric acidparticles have any effect on bed bugmortality. In fact, more than 85 percentof fed bugs survived external boric acidexposure.

Ingestion, by comparison, was eas-ily induced in bed bugs and highly ef-fective at killing the bugs. A singleblood meal with 0.5 percent boric acid

� The fourth experiment involved

injecting boric acid directly into thebed bug’s body (specifically, thehemocoel) to determine toxicity of thechemical to bed bugs.

� The third experiment involved

exposing German cockroaches to boricacid dust. One group of roaches hadglued mouthparts (to prevent inges-tion), while the second group was freeto feed.

Injecting bed bugs did cause highmortality rates (up to 95 percent athigher concentrations), indicating atoxicity of boric acid to bed bugs thatthe insect’s cuticle is effective at stav-ing off.

� The second experiment

involved exposing bed bugs toboric acid dust. Here, 118starved and 120 fully fed bugswere placed in dishes contain-ing boric acid dust, and mor-tality was measured for 14days. In the second experiment, theresearchers also looked at whetherboric acid particle size had any effecton bed bug mortality, homogenizingsome boric acid powders.

feeding boric acid to 10 adultmale bed bugs, at concentra-tions between zero and 5 per-cent. The bed bugs were fedfor seven days.

killed 80 percent of all bugs in sevendays. Concentrations above 1 percentkilled all bed bugs within four days.

By also testing B. germanica,which can be killed by boric acid in-gestion or exposure, the researchersfound some clues as to how boric acidmay work on insects. “It appears thatthis otherwise insecticide-susceptiblestrain of bed bugs possesses mecha-nisms that prevent boric acid fromcompromising or penetrating the cutic-ular barrier,” the researchers write.

As for the use of boric acid in dustapplications, though, the study showssuch efforts are likely to be minimallyeffective against bed bugs. The re-searchers note that boric acid dust iswidely available to consumers and pestmanagement professionals and is ef-fective against other urban pests, henceits common use. But, for managing bedbugs, methods to induce ingestion ofboric acid will need to be devised.

Exactly how boric acid does its jobremains a mystery, which presentschallenges in designing baits to attractand ultimately kill bed bugs. But boricacid is a preferable chemical candidatefor use in bed bug baits, since it is solu-ble and stable in water, is not as toxic tomammals as other chemicals, is rela-tively low cost, and doesn’t appear totrigger resistance by insects.

– From Entomology Today. AndrewPorterfield is a writer, editor, and com-munications consultant for academicinstitutions, companies, and non-profits in the life sciences. He writesfrequently about agriculture issues forthe Genetic Literacy Project. He isbased in Camarillo, California. Fol-low him on Twitter at @AMPorterfieldor visit his Facebook page.

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Don’t Lose Those Leads

Here are some point-ers for balancing aheavy volume of orders,and the growing impor-tance of social media in making sureyour company can bolster its “speedto lead.”

� Every phone call matters. An-swer every one, but be transparentwith your customers. Tell them youare busy and try to set reasonable ex-pectations, but go ahead and set atimely appointment. Check in with thecustomer as the appointment ap-proaches. Calls at 10 a.m., 1 p.m. and4 p.m. can help you get a feel forwhether they have booked serviceswith another company. If they have,you can fill that slot ahead of time.

It can take years to build a busi-ness. It can take just 30 seconds to losea customer.

Phone calls are still the most com-mon method of customer queries andservice orders, but social mediamessaging and onlinechat portals are gainingground quickly. Thatmeans there are increas-ing entry points for yourcustomers and potentialclients. It also meanspest management pro-fessionals (PMPs) haveto keep up with the in-creased volume of in-coming requests forservice.

� Stay on top of social mediamessaging. You may have noticedmore queries coming in via socialmedia. Facebook is pumping up itsmessaging medium. As social mediaplatforms make it easier for customersto communicate with companies,more customers are going to use thatas an option. People want to get theirquestions answered quickly, 24 hoursa day. Huge companies like Apple,Amazon and Facebook have raisedthe bar for response times. Most peo-ple aren’t going to cut you slack be-cause you are a small or medium-sized business. People expect a 30-

� Respond quickly. If a lead comesin via a website chat feature, it is crucialto respond quickly. There is no trail ofdigital clues to trace for future refer-ence with an anonymous websitequery. This makes responding towebsite leads even more critical thanresponding to social media messages.With social media, at least, you can puttogether a pretty good profile of a po-tential customer and track down him orher if needed. A Harvard study con-cluded that if you respond to a customerservice inquiry within five minutes,there is a 400 percent greater likelihoodthey will book an appointment. If youfail to book within this timeframe, theperson will often move on to your com-petitor.� Triage as needed. If your call

volume is overwhelming, your com-pany needs a triage system of sorts.Your focus should be on repeat custom-

� Contract your communicationsneeds. Even if you have an in-house

person handling incoming service in-quiries, you can’t reasonably expect amarketing manager to respond effec-tively 24 hours a day. You have a veryshort window to respond to potentialcustomers. Contracting that work out tocompanies that offer live home servicechats, for instance, is significantlycheaper and can pay for itself with in-creased leads.

second response time. Facebook nowrecognizes companies that have a solidresponse time with badges that areavailable for the public to see.

� Be empathetic. Homeservice chat professionals arethoroughly trained in how tointeract and respond to cus-tomers. If you still maintainleads in-house, one of the mostimportant points to keep inmind is empathy. Becauseyou’re dealing with pests ev-ery day, it’s easy to becomedesensitized to customers’needs. Remember, they arecalling you because they havea problem. Potential customerswill give more data to a reas-suring voice than an apatheticone. That means they have

made an investment with you and willbe more prone to hire you now, or in thefuture. The more information you cancollect, the better chance of convertingthe lead.

The many ways in which customersinteract with your company can seemdaunting, but the more points of entry,the greater chance you have of growingyour business.

ers, not necessarily new customers.Target the person with the highest like-lihood of converting leads. Those withservice agreements should be at the topof the list, followed by repeat custom-ers and new customers.

Of the heavy weights in the insectworld, a rhinoceros beetle wins thetitle. Megasoma actaeon is found inGuyana, South America and adultsweigh in at an astonishing 3.5 ounces(100 grams)!

DID YOU KNOW?

Your average grasshopperweighs 0.01 ounces (300 mg), so itwould take more than 300 grasshop-pers to weigh as much as oneMegasoma!

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To Test Or Not To Test: Employee Drug Testing In

The Age Of Legal Weed By Sheryl S. Jackson

Is this the right approach for pestmanagement companies? Can theystill establish drug-free workplaces?How can employers ensure that poli-cies do not expose them to allegationsof discrimination?

Elimination of employee drugtests is not likely to be widespread inthe pest management industry, says J.Scott Hudson, Esq., Stovash, Case &Tingley, P.A. “I do not see this as atrend in the pest management indus-try, namely because a large percent-age of industry employees drive com-pany vehicles, enter customers’homes or buildings, apply chemicalsthat in some circumstances could posesafety concerns, and are otherwiseengaged in safety sensitive duties,” hesays. “As a result, many employersplace a priority on the safe perfor-mance of job duties.”

Kylie Luff, senior vice presidentand managing partner of Seay Man-agement, agrees and says that mem-bers of her firm have not heard fromtheir clients that elimination of drugtests is a consideration. “As of rightnow, based on our research and con-

Employers across the country arestruggling with the issue of employeedrug testing as more states allow theuse of recreational or medical mari-juana. Although pre-employment aswell as random drug tests have alwaystested for marijuana, more stories ofemployers who are doing away withtests altogether are showing up in thepress for various industries.

versations withlocal attorneys,courts are stillallowing employ-ers to enforcetheir drug-freeworkplace poli-cies,” she says.

Although es-tablishing a drug-free workplacepolicy is still pos-sible, it is impor-tant to make suret h a t c o m p a n ypolicies are en-

forced fairly and consistently with allemployees—whether the use is medi-cal or recreational marijuana.

“To the extent employment action isbased on the violation of companypolicies and not the medical conditiongiven rise to the use of medical mari-juana, most states allow employers todiscipline or terminate employees whoviolate established drug-free work-place programs, and this includes thosewho test positive for marijuana usage,”says Hudson. “It is important to re-member that marijuana is still illegalunder federal law and, if an employer iscovered by DOT or other federal guide-lines, the employer may be required toprohibit marijuana usage.”

The legal use of medical marijuanain states that have approved it does giveemployers an option to test for sub-stances but still employ people using itmedically. For example, an employercan test for the same list of prohibitedsubstances for all job candidates butconsider accommodation of marijuanausage for non-safety sensitive employ-ees who provide medical certification.

Legal in 31 states. As of mid-2018,31 states, including the District of Co-lumbia, have enacted comprehensivelegislation covering marijuana usage.The majority of these states limit usageto those with medical conditions, whileabout one-third of these states allow for

As the number of states that havede-criminalized or legalized marijuanahas grown, the perception of its use haschanged as well among potential em-ployees.

recreational use under some circum-stances.

Companies that span severalstates—with differing laws regardingmarijuana—face more complex chal-lenges. “I recommend that employershave drug-free workplace programscustomized for each state,” says Hud-son. “As an example, some states havenondiscrimination provisions relatedto medical marijuana usage, whileother states give wide latitude to em-ployers.”

“The biggest challenge will bebalancing the need for a safe workforceagainst the state disability laws,” saysHudson. “While the Americans withDisabilities Act is a federal law anddoes not cover medical marijuana as aprotected category, many states haveenacted similar employment-orienteddisability laws that might require em-ployers to provide reasonable accom-modation to employees or applicantswho use medical marijuana. However,even in the most progressive states,employers are usually not required topermit use on company premises orallow an employee to work under theinfluence.”

What will be the biggest em-ployee drug-testing challenge foremployers in the future?

Although some laws legalizingmarijuana specifically state that theyare not intended to require employersto allow marijuana use in the work-place or to affect company policiesrelated to marijuana use, most laws aresilent or ambiguous. However, in 2016Maine was the first state to expresslyprohibit an employer from hiring aperson solely due to off-duty use ofmarijuana. The Maine statute, how-ever, does allow employers to prohibituse during work hours or to terminatean employee under the influence atwork.

Because laws differ from state tostate, it is important to work closelywith human resources staff or an em-ployment lawyer to be sure that thecompany complies with state laws. Asmore states legalize marijuana and asmore court decisions are published, itis critical to stay up-to-date and rely onexperts.

– Reprinted from PestWorld

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