NOVEMBER DECEMBER 2016
CONTROLLING INTEREST NEWSLETTER OF THE NEW ENGLAND PEST MANAGEMENT ASSOCIATION, INC. WOOD DESTROYING INSECT TRAINING NEPMA maintains a professional pest management industry-specific training and registration program for conducting inspections and recommending treatment options for wood destroying insects (W.D.I.). This program is open to all pest management professionals and real estate inspection professionals who are interested in earning the designation.
comprehensive training manual developed and written for NEPMA by Dr. George Rambo.
The W.D.I. Registry training program will be held on Thursday January 12, 2017 and Friday January 13, 2017. It will take place at the Crowne Plaza Boston in Woburn, MA.
All participants will receive a certificate for CEUs. Approval is pending for 8 hours in Category 41, 8 hours in Category 42, and 12 hours in Category 43 or CORE. Approval is also pending by the MA Board of Registration for Home Inspectors for 12 CEUs.
The training program is comprised of 12 hours of classroom instruction followed by the registration exam. The lead presenter of the program is Dr. George Rambo, president of George Rambo Consulting Services, Inc. All participants will receive a copy of the
For those participants who attend this program and pass the exam, they will receive a certificate of completion of the W.D.I. training program and become a member of the WDI Registry for three years. Renewal consists of a refresher course prior to expiration.
Information on this program and the registration form can be downloaded from the NEPMA website.
NEPMA ANNUAL MEETING The New England Pest Management Association’s annual meeting took place on December 7, 2016 at the Crowne Plaza in Woburn, MA. Part of the annual meeting encompassed an election of directors. Ted Burgess, Burgess Pest Management, West Bridgewater, MA and Matt Kreimeyer, Best Pest Control Services, Somerville, MA stepped down from their positions on the board of directors and were recognized for their contributions. The following individuals were elected to the board of directors: • •
David Flynn, Burgess Pest Management, West Bridgewater, MA James Merrill, F & W Pest Control, Framingham, MA
The following is a list of the officers and directors of the New England Pest Management Association for 2017: • • •
President—Ted Brayton, Griggs & Browne Pest Control, Abington, MA President-elect—Galvin J. Murphy, Yankee Pest Control, Malden, MA Treasurer—Steve Oles, Orkin, Auburn, NH
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Clerk—Tom Drapeau, Freedom Pest Control, Topsfield, MA Past President—Jeff Weisberg, A-1 Exterminators, Lynn, MA
Directors:
BOARD OF DIRECTORS President: Jeffrey Weisberg, A-1 Exterminators, Inc., Lynn, MA President-elect: Ted Brayton, Griggs & Browne Pest Control, Abington, MA Secretary: Galvin J. Murphy, Yankee Pest Control, Inc., Malden, MA Treasurer: Matt Kreimeyer, Best Pest Control Services, Inc., Somerville, MA Immediate Past President: Ted St. Amand, Atlantic Pest Solutions, Kennebunkport, ME
• • • •
Directors:
Ted Burgess, Burgess Pest Management, W. Bridgewater, MA Tom Drapeau, Freedom Pest Control, Topsfield, MA Steve Oles, Orkin, Inc., Northwood, NH Mike Peaslee, Modern Pest Services, Brunswick, ME Maria Richmond, Ransford Environmental Solutions, Inc., Worcester, MA Kevin Vaughn, General Environmental Services, Inc. , Malden, MA
COMMITTEE CHAIRS Audit: Bob Leon, General Environmental Services, Inc., Malden, MA Awards: Maria Richmond, Ransford Environmental Solutions, Inc., Worcester, MA By-laws: Dave Penttila, Dave’s Pest Control, Inc., Sturbridge, MA Controlling Interest: Tom Drapeau, Freedom Pest Control Co., Inc., Topsfield, MA Education/WDI Program: Galvin C. Murphy, Yankee Pest Control, Inc., Malden, MA Fundraising: Marillian Missiti, Buono Pest Control Co., Inc., Belmont, MA Government Affairs: Ted Burgess, Burgess Pest Management, W. Bridgewater, MA NPMA/QualityPro: Bill Siegel, Orkin, Inc., Ipswich, MA Membership: Tom Drapeau, Freedom Pest Control Co., Inc., Topsfield, MA Products & Services: Dave Penttila, Dave’s Pest Control, Inc., Sturbridge, MA Public Relations: George Williams, Univar, Woburn, MA Scholarship: Matt Kreimeyer Best Pest Control Services, Inc., Somerville, MA Vendor Relations: Sheila Haddad, Bell Laboratories, Inc., Southington, CT Website: Kevin Vaughn, General Environmental Services, Inc., Malden, MA Executive Director: Walter Perry (wperry@cornerstoneam.com)
CONTROLLING INTEREST Controlling Interest is published six (6) times per year by the New England Pest Management Association and is distributed free to its members. Readers are encouraged to submit articles, announcements, reviews of products, or letters. To submit articles or to inquire about advertising rates and information, contact NEPMA at 53 Regional Drive, Suite 1, Concord, NH 03301, call toll-free at (866) 386-3762, or email info@nepma.org. The New England Pest Management Association believes that the information in this publication is accurate as of its publication date but is not responsible for inadvertent errors. No part of this newsletter may be reproduced in any fashion without the written consent of the editor.
•
www.NEPMA.org
David Flynn, Burgess Pest Management, West Bridgewater, MA James Merrill, F & W Pest Control, Framingham, MA Michael Peaslee, Modern Pest Solutions, Westbrook, ME Maria Richmond, Ransford Environmental Solutions, Worcester, MA Kevin Vaughan, General Environmental Services, Malden, MA
JACK DRUMMEY OF HUDSON PEST EXTERMINATORS RECEIVES BARTLETT W ELDRIDGE AWARD Jack Drummey, president of Hudson Pest Exterminators in Hudson, MA was the 2016 recipient of the New England Pest Management Association’s highest award for distinguished service, the Bartlett W. Eldredge Award. Drummey was presented with the award during the association’s recent annual meeting in Woburn, MA. Hudson Pest Exterminators was established in 1964 by John R. Drummey. Upon his passing in 1986, his son Jack Drummey took over the family business and grew it into the business it is today. For NEPMA, Drummey has served as a director on the association’s board and was president for two terms in 2001 and 2002. He is responsible for the direction the association has taken and the growth of the association that has resulted from his leadership. Named in honor of the organization’s founder and first president, the Bartlett W. Eldredge award is intended to honor a pest management professional who has distinguished himself and demonstrated service to the association, the pest management industry, local community service, and who has earned
Connect with your colleagues. Join us on
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CONTROLLING INTEREST overall respect and recognition by industry peers.
Left to Right: Marillian Missiti, Buono Pest Control; Bob Leon, General Environmental Services: Kevin Moran, Forshaw; Galvin Murphy, Yankee Pest Control; Jack Drummy, Hudson Pest Exterminators; Rich Berman, RC Berman; Bill Siegel, Orkin; George Williams, Univar
• • • • • • • • • • • • • • • •
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Richard Berman Ted Brayton David Hight Tom Drapeau Matt Kreimeyer Richard P. Maguire Marilina Missiti Kevin Moran Galvin Murphy, Sr. Charles M. Myers Michael Peaslee Walter Perry Eric & Maria Richmond C. Richard Varney Kevin Vaughn Mark D. Weaver
NPMA 2017 EASTERN CONFERENCE The National Pest Management Association’s Eastern Conference will be held on January 18-20, 2017 at the Harrah’s Resort in Atlantic City, NJ.
NEPMA POLITICAL ACTION COMMITTEE
The conference will feature a mix of in-depth management sessions, interactive training, and The New England Pest Management Association’s technical courses featuring the latest research in the Political Action Committee is a voluntary, non-partisan, pest management industry. political committee representing the interests of the The 2017 Eastern Conference offers more than 13 pest management industry. sessions where you can earn valuable recertification It is organized exclusively to raise funds for protecting in up to 12 states. You will learn about a variety of and perpetuating the interests of the industry. The educational tools needed to grow your business NEPMA-PAC was established to defend and promote including technical training, management topics the needs and desires of the New England Pest and keynote sessions with industry experts. You Management Association and its members interests will have the opportunity to network with over 300 through political action. pest management professionals from your region. Together, the Board of Directors and the Government In addition, an exhibitor showcase will feature more Affairs Chair, appointed by the President of the than 30 suppliers. Association organize, operate and approve all activities Further information on this conference as well as and actions of the NEPMA-PAC in accordance with registration information can be found on www. the Massachusetts State Laws governing Election npmapestworld.org. Campaign Funding. NEPMA-PAC does not participate in Federal elections. To accomplish important objectives, the NEPMA-PAC seeks to receive and expend contributions for the purposes of supporting candidate for public office who agree with the objectives of our interests. An analysis of many factors including the candidate’s dedication to the legislative goals of the pest management industry, voting record and political principals are used in selecting candidates to support. Political action has no muscle without financial resources. The NEPMA-PAC would like to thank the following individuals who have contributed to the PAC in 2016:
NEPMA SCHOLARSHIP
In 1994 under the leadership of Rod Kreimeyer, Best Pest Control Services, Inc., the New England Pest Management Association created the Mark Weintraub Scholarship, named after one of NEPMA’s founders. This scholarship is awarded annually to a deserving student who is planning to continue on to higher education or who is currently enrolled in higher education. This scholarship is open to all NEPMA members, their employees, and their immediate families in the New England area. The deadline for submitting an application is Friday,
CONTROLLING INTEREST April 13, 2017. The application is available on the www. nepma.org website. The Mark Weintraub Scholarship has given more than $40,000 to 20-plus recipients; funds are raised through various NEPMA events.
PREPARE FOR THE 2016 QUALITYPRO AUDIT QualityPro is the mark of excellence in pest management. Companies must earn and maintain the certification in order to use the logo and other marketing benefits. Each winter, 10% of QualityPro certified companies are randomly selected and notified of the audit. Following the notification, companies work with QualityPro to provide evidence that the standards are being met. “When I tell individuals from other industries that there is a certification they can use to hire a pest management company that has proven its professionalism, their first question is usually about how we maintain the integrity of the program. The annual audit is key to the strength of the QualityPro certification program. It assures consumers that the companies we have certified are meeting the standards,� says Allison Allen, Director of
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Certification for QualityPro. Certified companies are encouraged to do a self-audit each year by reviewing the current standards and audit procedures at www.qualityprotools.org. To learn more about the QualityPro standards, visit www.npmaqualitypro.org.
NEPMA E-NEWSLETTER COMING TO YOUR INBOX The New England Pest Management Association wants its news and information widely accessible by all members including employees of member companies. One of the ways we will accomplish this is that with every issue of Controlling Interest there will be an electronic version created, in addition to the print version. While members will continue to receive a printed copy of the newsletter an electronic version of the newsletter will be created and emailed out to all members. Our goal is to also email it out to all employees of member companies. To accomplish this we would like to have all member companies email us a list to info@nepma.org which would include employees names and email address that we can then email out each issue of the e-CI.
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PESTICIDE WEB APPS AVAILABLE FROM NPIC The National Pesticide Information Center is committed to making science-based information available to the public and professionals using appropriate and timely technologies. On this page, you will find our collection of web applications that have been optimized for use with mobile devices. Developed in HTML5, they are compatible with iPhone, Android, and other phones and tablets. Web apps work within a browser such as Safari, Firefox, Internet Explorer, or Chrome. Simply visit the web page hyperlinked below to use the app whenever you like. Bookmark the app or this hub page for future use. This way, you’ll never have to download updates. They will happen automatically. Herbicide Properties Tool (HPT) This collection of herbicide ingredient properties is presented with references as a decision-making aid. Decision-makers may need to compare herbicide active ingredients according to their water solubility, half-life, sorption potential, and other factors. These properties can help to predict an herbicide’s movement through soil, water, and air. NPIC has made every effort to locate values for each herbicide, emphasizing EPA as a source of experimentallyderived data.
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CONTROLLING INTEREST
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CONTROLLING INTEREST NPIC Product Research Online (NPRO) Designed for professionals using desktop computers, this tool performs powerful product searches and is lightning quick! Search for pesticide products by name, EPA registration number, manufacturer, use site, active ingredient, pest, product type, formulation, signal word, or a combination of these. Refine previous searches using additional criteria and view individual product information in a simple format. See synonyms for active ingredients and follow them directly to EPA’s ChemSearch related science and regulations. Product details and federal product labels can be bookmarked or shared. Pesticide Education & Search Tool (PEST)
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use sites, signal word, formulation, and more. This web app is optimized for mobile devices, such as smartphones and tablets, and works on desktop computers as well. Insect Repellent Locator (IRL) Find information about all of the products registered to repel mosquitoes, ticks, or both. Refine results by selecting the desired protection time, from < 2 hours to > 10 hours. Click on the active ingredient name to review it’s potential health and environmental impacts, or click “Load PDF” to see the product’s official label. Once you find the perfect product for you, use the manufacturer’s name to find their contact information. Pesticide and Local Services (PALS)
Designed for the general public as they search for pest control solutions, this app brings together product search functions and new pest control information, written by NPIC. Users are prompted to pick a pest or pick a product. When you pick a pest, you’ll find a bullet list of action items grounded in integrated pest management (IPM). When you pick a product, you’ll find a one-stop interface with options to view the formulation, ingredients, the signal word, and the pests controlled by the product. Interpretive statements make the technical information easy to understand.
One-click dialing! Find pals in your state to help you 1) report pesticide incidents, 2) get pest control advice, 3) learn about area-wide pest control in your neighborhood, 4) get licensed to apply pesticides or contact pesticide law enforcement professionals, 5) determine whether pesticide poisonings are “reportable” in your state, 6) comply with occupational standards and select appropriate PPE (personal protective equipment), and 7) dispose of unwanted pesticides.
Mobile Access to Pesticides and Labels (MAPL)
The following article appeared in the September October issue of Controlling Interest. A correction has been made to the article and the correct version is as follows:
Search for pesticide products by name, site, pest, EPA Registration Number, registrant, or search for a combination of these. For example, search for products registered for use in apple orchards against fire blight, or products with citronella that can be used on horses. When you find the right product, you can bookmark the results, bring up the federal label (pdf), and browse the product’s ingredients, registered
CONTROLLING INTEREST CORRECTION
Forshaw, Inc. Joins as Newest Gold Sponsor! Forshaw, Inc. based in Charlotte, NC has recently signed on as our 11th Gold Level Sponsor. The company has connected with NEPMA through its Charlotte, NC
CALENDAR OF EVENTS January 4, 2017
NEPMA Board of Directors Meeting
January 12 & 13, 2017
NEPMA WDI Registry Training Program Crowne Plaza, Woburn, MA
January 18-20, 2017
NPMA 2017 Eastern Conference Harrah’s Resort, Atlantic City, NJ
March 2 & 3, 2017
NEPMA Spring Training Seminar & Expo Crowne Plaza, Woburn, MA
March 12-14, 2017
NPMA Legislative Day 2017 Capital Hilton, Washington, DC
CONTROLLING INTEREST office, though it has announced that Kevin Moran has joined the firm as their Technical and Regulatory Advisor and Molly Moran has joined the firm as their Warehouse Manager, both formerly with Residex. Brian Wardwell is their Territory Manager responsible for all sales functions here in New England. Forshaw boasts a catalogue of over 2000 unique products and the company constantly evaluates its inventory to keep up with PMP demand and industry trends.
The Occupational Safety and Health Administration’s (OSHA) efforts to address slip, trip, and fall hazards began in 1971 when it created Subpart D, “WalkingWorking Surfaces.” Since that time, efforts to revise these requirements have been ongoing, including proposed rules issued in 1973, 1990, and 2010. The most recent proposal has been finalized impacting all general industry employers and affecting more than 100 million employees. The changes to Subpart D are a significant overhaul of existing requirements and include new technology and industry methods intended to reduce the number of fall-related employee deaths and injuries. The majority of employees in general industry workplaces walk or work on surfaces where slips, trips, and falls are common. This includes floors, aisles, stairs, ladders, platforms, roofs, etc. OSHA believes that the new requirements give employers the necessary flexibility to decide which fall protection method or system works best for the work operation. General industry employers can now
About Waltham Services
Founded in 1893, Waltham Services has grown to the largest pest control provider in New England. Our company’s growth did not happen by chance, it’s a reflection of our commitment to long, profitable relationships with our coworkers and customers. We are proud of our reputation; built upon decades of personalized attention to solving and preventing the most stubborn pest problems. If you are considering a change and your plans include selling your company, please consider Waltham Services.
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utilize guardrails and handrails, covers, personal fall protection, designated areas, and safety net systems. OSHA says that these multiple options will help ensure employees receive a level of fall protection that is both effective and necessary. The new rule also requires general industry employers to: •
Identify and evaluate slip, trip, and fall hazards and provide appropriate personal protective equipment (i.e., personal fall protection) under new requirements in Subpart I, “Personal Protective Equipment.”
•
Conduct regular and periodic inspections and maintenance of all walking-working surfaces in their workplace.
•
Provide training that enables employees to recognize the hazards of falling and the procedures to be followed to minimize these hazards, including the use of personal fall protection, proper ladder climbing techniques, etc.
OSHA FINALIZES SLIP, TRIP, AND FALL RULE AFTER 26 YEARS OF PROPOSALS JJ Keller
Additionally, the rule increases consistency between construction and general industry standards by incorporating 1926 requirements for safety net systems and scaffolds into the newly revised 1910 standard. The majority of the new requirements are effective January 17, 2017; however, for some of the new requirements in the final rule, OSHA is extending compliance dates to: • •
Give employers time to get familiar with the new requirements, Evaluate changes they may need to make,
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Purchase equipment necessary to comply with the final rule, and Develop and present required training.
In addition, the extended compliance dates allow employers to upgrade their fall protection systems as part of the normal “business cycle” or “useful life” of equipment (i.e., cage, well, fixed ladder), which reduces compliance costs.
MARK YOUR CALENDAR FOR NPMA LEGISLATIVE DAY 2017
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The National Pest Management Association will hold its annual Legislative Day on March 12-14, 2017 in Washington, DC at the Capital Hilton. For 29 years, pest management professionals have directly impacted federal public policy by visiting their Members of Congress at NPMA’s Legislative Day. In fact, it’s proven that in-person visits have the most impact on a Senator or Representative who is undecided on an issue. The fact is, nothing makes a bigger impression on your legislators than a visit from YOU. NPMA’s visits to Capitol Hill during Legislative Day this March will provide a tremendous opportunity to make an impression on your Members of Congress. Use this opportunity to establish a line of communication and develop a relationship with your Representative, Senators, and their staff. After all, they work for you. The reality is that no single voice carries more weight with your elected officials than your own. And, while NPMA provides the strength, the vision, and the infrastructure to move the industry forward in order to grow, the biggest part of this successful equation is you. This is your opportunity to make a difference.
TIPS FOR ATTRACTING TALENT THE HIGHER STANDARD Dow AgroSciences Compared to the hectic spring season, slower winter months are a great time to find new employees. You’ve got more time to give this vital task the attention it deserves and to seek out hires who best fit your company culture. Even so, attracting good employees isn’t easy. To help you staff up for spring, try these strategies: 1. Sell the industry. Help potential recruits see the pest management industry in a broader light, as being protectors of property and public health instead of as the bug man. “You are creating
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Over 4,000
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Stuart Aust, President & CEO, Bug Doctor Termite and Pest Control has been working with Select Insurance for five years. The company handles insurance needs for all of Aust’s divisions, including Bird Doctor Nationwide, Mosquito Doctor, Bedbug Doctor, Animal Doctor and the original Bug Doctor.
• Select Insurance Agency is a family-owned and operated business that provides insurance products specifically tailored to meet the risk management needs of the pest management industry in over 45 States Nationwide.
“It is a privilege and an honor to work with the Select Insurance team. The owners, Phillis and Frank MacDonald, run a first class organization. What differentiates Select Insurance from the competition is that they are extremely responsive, their costs are very competitive, working with them is seamless, and they are the complete package. They only sell us what we need and never try to pressure us to buy additional insurance to enhance their bottom line.”
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“They can talk shop with us,“Aust says. “They totally understand what we’re doing. They understand all facets of pest control.”
Pictured: Frank and Phillis MacDonald, Select Insurance Agency
• Automobile & Fleet Coverages • Workers’ Compensation • Umbrella • Commercial Property • Employment Practices Liability • Commercial Crime • Canine Mortality • Mold Liability • As former pest management professionals, Select’s owners understand that every pest management professional operates his or her business differently, resulting in a variety of exposures and risks. Select considers each business individually before developing a pest management insurance program and assigning a carrier. • Select Insurance Agency is a proud member of the National Pest Management Association, and maintains many state and regional memberships as well.
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CONTROLLING INTEREST comfort and peace of mind for people at home and at work; sell the great things you are doing for people,” said Christian Codrington, a human resources expert at BC Human Resources Management, Vancouver. Candidates may fear using chemical pest control products, so explain how your company protects workers and the environment, he advised. 2. Emphasize your brand. According to a June 2015 study by ManpowerGroup Solutions, one in four job seekers consider company reputation a major factor when making career decisions. Candidates increasingly seek employers with a clear corporate identity and positive reputation. Brand reputation is now as important as type of work and pay when it comes to a candidate’s motivation, stated the report. 3. Work your website. Most job candidates (86 percent) rely on company websites for information on prospective employers, followed by search engine results (52 percent) and peers (45 percent), found the ManpowerGroup study. One-third (36 percent) of job seekers said detailed company information, job opportunities and compensation are the most valuable data they seek. Make sure your website is dynamic and content-driven, and include written and video testimonials from employees so potential hires understand why your company is a great place to work. 4. Don’t overlook social media. Nearly onethird of candidates (27 percent) used social media networking to gather information about an organization or open position, found the ManpowerGroup study. Most popular were Facebook, Google+ and LinkedIn. While face to- face interviews are still the preferred way (72 percent) to connect with potential employers, phone screenings (16 percent), group interviews (8 percent) and Skype interviews (2 percent) are gaining traction.
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One focused on mature workers may highlight job security, opportunities for advancement or compensation. Tailor your recruitment effort(s) for the audience offering the greatest return on your company’s investment. 7. Stress learning opportunities. Emphasize onthe-job training that employee will receive and whether these skills can be used or transferred to other positions or occupations. “The reality is young people job hop, but if you are seen as an occupation that invests in its people, over time, that will pay off,” said Codrington. 8. Be ready. While recruiting in the off season has advantages, managers always should be looking to bring talented people on board. Highlight career opportunities on the back of your business card, and make it easy for people to apply by providing a URL or phone number, advised Codrington. When someone provides excellent customer service in any industry, hand him or her your card, he said.
WEATHER APPS TO DOWNLOAD AND STORE UP FOR WINTER By Kit Eaton, NY Times LIKE it or not, winter is coming. Apart from layering up, you can turn to your phone to help you brave the rain, wind or snow ahead. Weather apps are abundant in mobile app stores, and my new favorite is Fire + Rain. Unlike many other weather apps, it keeps weather data simple. Built on information from the Weather Network, the app’s display is streamlined and easy to understand. The screen’s color corresponds with the forecast, and the temperature is displayed in large type. Alongside this are a small icon and a simple phrase describing the weather, like “light rain” or “cloudy with showers.”
5. Pay for referrals. Augment recruiting efforts by paying bonuses to employees who refer new hires. Codrington suggests increasing the bonus during peak hiring times and paying out only after the new hire has worked three months.
You get, at a glance, everything you need to know about the coming weather where you are. Swipe down the screen to see hourly and daily forecasts; tap to swap between a 36-hour detailed forecast and a two-week forecast. If you see the words “heavy snow” in tomorrow morning’s forecast, you’ll know to make the necessary preparations tonight. Fire + Rain is free on iOS.
6. Know your target. Answer the question, “Why is this a viable career choice?” said Codrington. The answer depends on your target audience. Knowing who you want to attract helps you refine the look, feel and placement of your recruiting efforts. A campaign geared to working mothers and students may stress job flexibility, he explained.
For people who like detailed weather forecasts, there is RainAware. This app belongs to the new breed of weather apps that try to deliver extremely accurate weather data based on the time and your precise location. The app uses GPS to detect where you are, and then it pulls forecast data from its system, including detailed radar scans.
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UNIVAR
Getting what you need, when you need it, no matter what — that’s the promise of Univar Environmental Sciences. But our service doesn’t stop at our industry-best product selection. Our experienced team can offer insightful advice at every turn. So get in touch with your local rep and discover how Univar can help you drive business. Call us at 800-888-4897 or go to PestWeb.com
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CONTROLLING INTEREST Instead of the typical approximation other weather apps might offer, like “50 percent chance of storms,” RainAware has concrete alerts, like “It’s going to rain in 30 minutes.” The app’s radar maps are also neat: They show how rain clouds are moving near you and predict where they will go next, so you can see how the weather is going to change. RainAware has a lot of features, including a weather clock showing the forecast in 15-minute increments, so it may take some getting used to. But it’s an excellent option. It costs $5 on iOS and $4 on Android. Another app, Storm Radar from Weather Underground, is a source that television weather forecasters consult before they step in front of the camera. This weather app has high-resolution radar maps and stormtracking algorithms to figure out if you are in the path of a nearby weather event. It even has lightning alerts for a 100-mile radius around your location. Data on variables like dew point and humidity can be viewed as colored patterns on a map, or as graphs or charts. You can also get highly localized weather alerts — for example, the app told me there were two “coastal event” alerts as high winds and high tides threatened the seafront zone near my home. If you prefer a text-based forecast, Storm Radar offers that too. There is a lot to discover in this app, and if you plan to
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use it you may need to spend some time on Google to get a full understanding of what all the data means. But it is free on iOS, and its interface is both attractive and easy to interact with. MeteoEarth, another scientific weather forecast app, shows animated maps that contain a wealth of forecasting information for your location. The maps can show data on rainfall, wind, temperature and pressure, and can even track tropical storms. The app also offers access to live weather webcams around the world that give a sense of the conditions in a particular location. MeteoEarth takes some figuring out, but its slick graphical interface is satisfying to use. It’s free on iOS and Android. Lastly, it may be worth keeping the free FEMA app (iOS, Android) on your phone in case your home is subjected to the worst of the winter weather. In addition to an alert system from the National Weather Service, the app offers guidance about what to do before, during and after a disaster.
A WIN AND A SMILE FOR THE GOOD GUYS By Andy McGinty and LeAnn Diamond, Esq. Whether defending claims or lawsuits, you really don’t win outright that often. This is true - Not just with pest or lawn exposures but also other businesses outside our industry. But when you get a win (and win
ASK MR. PEST CONTROL
Point in the Right Direction QUESTION: What is the best attractant for fruit flies? The setting is a restaurant with wine service and not much assistance from the staff. A combination of products has been used – to be honest, almost everything labeled for this insect. I can attain some control but not solve the problem due to poor sanitation. I would like to use a bait or attractant that can compete with beer and wine to reduce the amount of flies that are lingering. ANSWER: Adult fruit flies are attracted to fermentation, which is why many fruit fly traps contain vinegar and why fruit flies are especially a problem in bars. You’re not going to find an attractant that cancels out fruit fly attraction to the bar. What you can try is EndZone insecticide stickers, which are labeled for fruit flies and can be used in commercial kitchens, but not placed above food prep or storage areas. Place them where you tend to see adult fruit flies rest. Above all, identify fruit fly breeding sites by using your flashlight to find maggots. Most customers respond to a PMP bringing maggots to eye level and pointing to the material where they were found. They do not respond to general cleanliness recommendations that do not result in improvement. —Mr. Pest Control (Editor’s note: Articles from the Ask Mr. Pest Control series are reprinted with permission from Univar. Mr. Pest Control is answering questions supplied by PMP customers across North America. His answers are generated from industry and manufacturerprovided information. The answer may not be specific to the laws and regulations for your State, Province, Territory or Country. In addition, products mentioned may not be registered and or available in all areas. Always check with your local Univar office for specific information to your area. Always read and follow label directions.)
CONTROLLING INTEREST
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Alpine and PT are registered trademarks of BASF. © 2016 BASF Corporation. All rights reserved.
CONTROLLING INTEREST one against a plaintiff you know should get “squat”), it is that much more satisfying knowing the system works for the right persons and the right reasons. Here is our story... Our insured performed a WDIR in Texas in 2011. The insured listed evidence that was readily accessible to the buyer and issued the WDIR to the buyer like normal. Pretty routine, right? Well, unfortunately the buyer of the home is an attorney. When I say she was an attorney, we are not exaggerating. She reminded us constantly and of course she and her lawyer knew everything about WDIRs and anything we said was wrong, incorrect or basically stupid. Can you believe that a claimant who is also an attorney would act like that? Yea, right!!!!!!!! Fast forward 2 years - Our insured gets served with a lawsuit in 2013. We are allowed an extension to try and see what the claim is all about, etc., because the lawsuit comes out of nowhere. So we get the appraisal and the damages come out to be in the $7-8000 range and not all if it is WDI damage. We send this information to the claimant’s attorney to see if we will be able to settle the case. Well, normally you expect a demand anywhere from the amount of damages to maybe $15-20K or so for the other “legal” damages the attorneys say we owe and almost never do. Well, since we are writing about this case you can tell their expectations were not what we considered reasonable. What did the claimant want? Roughly over $100,000 at the outset. Sounds like a WDIR claim in Alabama doesn’t it? Needless to say we politely told the claimant’s attorney we were not interested (vs what we really wanted to say) in his demands and to please proceed with his next course of action. They did and did so with complete relish and gusto to “punish” our insured for his alleged faulty inspection. We will get to the liability part in a bit. So we turned the lawsuit over to our attorney, LeAnn Diamond, who also has been a noncommercial pest control operator (licensed in termite and pest) for over 30 years. The claimant’s attorney as well as the client, who you remember is also an attorney, decided that they were going to try and do things their way and roll the dice. So we proceed with discovery. When we say that this claimant’s attorney (and client probably) used every delaying tactic they could come up with, they did. For example, they tried to prevent us from inspecting the home and we almost had to file a motion with the court to allow us on the premises. It was also next too impossible to get their
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experts’ names who would back up their claims and get supporting documentation from these alleged experts. We could not figure out how the claimant was coming up with a demand for damages of over $100,000? The claimant’s attorney stated that they had “information” stating that the house was devalued over $96,000 due to all of that termite damage. We asked about their expert and all we got back for a response was crickets. It is hard to defend against innuendo, allegations and demands when they refuse to supply information! The claimant also stated they wouldn’t have bought the house at all (even though they got it for under market value and the property values in the area had skyrocketed) and the house was just a white elephant having no value! At one point we attempted to get them to tell us how much they would accept for the house. They couldn’t and wouldn’t give us a price. The way we defend most suits is we do not wait. The claim is made, and when the claimants are not cooperative we bring in our experts. This includes an appraiser to “zap” the devalued property claim- which is just what we did. We obtained the services of an ex-state inspector who inspected our insured’s work and documentation. He confirmed what we knew from the start - that our insured did its job and followed the rules and regulations in conducting the inspection and filling out the WDIR. At that point we finally were able to start getting to take the claimant’s “experts” depositions to see what they would raise their right hand and swear to. Amazingly, every single one of the claimant’s experts confirmed everything that we thought to be true. There was no evidence that our insured didn’t perform the WDIR inspection correctly and they could find no evidence that our insured was liable for anything! The game continued with more delays and insufficient information provided to us through the discovery process (interrogatories and request for production of documents). We guess that the claimant and the attorney hoped that we would just give up at some point and pay them money. We finally go to a mediation to see if we could “reasonably” settle before trial. We pretty much knew what was going to happen before the fact and, of course, it did: 3-4 hours of wasted life. At the start of the case the claimant wanted around $10K in damages. Before the mediation the claimant wanted over $100K. During the discovery process they generously dropped their demand to $96K and right
CONTROLLING INTEREST before mediation they dropped their demand to $53K. Again, we attend mediation in good faith and trying to resolve - remember? As a reminder they wanted $53K to make this go away before mediation. So what does the claimant’s attorney start off with at the mediation? A $300,000 DEMAND! I can’t repeat what I told the mediator when he asked us how we would respond to this “reasonable” demand. He did laugh though. The mediation ended at an impasse when they finally got down to $52K. Still too much. Believe it or not we were going to pay up to $25K on a claim that our insured did not owe. The insured was there and really wanted us to make this go away but not for $52K. We shut down the mediation and I instructed LeAnn to get ready for trial. Trial begins and LeAnn basically does a WDIR defense “clinic” to the jury. The trial went on for 5 days but at the end the jury comes back and finds that our insured has 0% responsibility. We zipped them! The claimant and the attorney were dumbfounded! Not only did they get nothing from our insured but they had to pay our insured’s costs for dragging it (and us) through trial.
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Now here is the punch line: During the discovery process when it was pretty clear the claimant’s attorney had a very weak case, we filed what’s called an Offer of Judgment with the court for what they claimed their actual damages were in the beginning of the case (before greed took over). What that means is if the claimant does not accept our offer, and then goes to trial and the jury awards what we offered or less, we can get some of our costs back. The bottom line when it was all said and done, this very reasonable claimant, an attorney who claimed to know everything about these types of claims, had to write us a check to get her butt kicked. She also got the pleasure of paying all the attorney fees to her own attorney. Again, it does not happen too often but went it does it makes for a great story and, more importantly, a great big smile!
W.D.I. Registry
WOOD DESTROYING INSECT REGISTRY TRAINING PROGRAM January 12 & 13, 2017 Crowne Plaza, Woburn, MA Flyer and registration form available at:
www.NEPMA.org
Happy Holidays from NEPMA
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