Structural Pest Control Board Disciplinary Review Committee’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Mega Fume, Inc., Docket Number S-028)

The Structural Pest Control Board Disciplinary Review Committee (DRC) affirmed the San Bernardino County Agricultural Commissioner’s (CAC) decision and penalty against Mega Fume, Inc. Enclosed is the DRC decision that became final on January 26, 2017.

The San Bernardino CAC found Mega Fume, Inc. in violation of Title 3 California Code of Regulations (3CCR) section 6726, for failing to post work site required information about medical facilities. Mega Fume, Inc. appealed the San Bernardino CAC’s civil penalty decision on the argument that the employee, and not the company, should receive the violation for not posting the information because the employee is a state licensed and fully trained handler.

The DRC determined that the San Bernardino CAC properly levied the penalty against Mega Fume, Inc. because 3CCR section 6726 states that the “employer” is responsible for posting information at the work site about health care facilities, and the individual was an employee of Mega Fume, Inc.

Please make this information available to your staff as a reference in preparing and processing cases. If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,