Structural Pest Control Board Disciplinary Review Committee’s Decision on an Appeal of a County Agricultural Commissioner Action (Docket Number S-016)

The Disciplinary Review Committee’s Decision on D&S Termite and Pest Control’s appeal of the $1,400 civil penalty levied by the San Diego County Agricultural Commissioner (CAC) is enclosed.

The San Diego CAC found D&S Termite and Pest Control in violation of Title 3 California Code of Regulations (3 CCR) section 6780(b), and sections 6600(b) and 6600(c). Section 6780(b) states that the employer shall provide and require the employee to wear either approved respiratory protective equipment during certain aspects of fumigation or to monitor the air for the fumigant. Sections 6600(b) and 6600(c) set forth general standards of care for pesticide applications.

The Disciplinary Review Committee affirmed the San Diego CAC’s $1,400 fine for the three violations of 3 CCR.

This decision addresses the following key words or concepts:

• Employer-Employee Responsibilities
• Holding an Employer Responsible for the Actions of Its Employees
• Short-timing Aeration
• Vikane Product Label
• Personal Protective Equipment
• CCR section 6780(b)

Please make this information available to your staff as a reference in preparing similar cases. If you have any questions, please contact David Haskell, Research Program Specialist II, at 916-445-4207, or the Enforcement Branch Liaison assigned to your county.

Sincerely,