Pest Management Professional, August 2011

Eliminating nasty bedbug infestations requires planned detailed teamwork human and canine inspection forms bedbug contracts heat treatment contracts releases hold harmless and indemnification agreements as well as a follow up letter for consumers who do not allow you to service the structure as recommended available upon request With a contract in place signed by the consumer and the company it is absolutely critical technicians are thoroughly trained in the use of the technologies and techniques they will deploy Proper training includes tests on information found on the label PMPs should not hesitate to invite manufacturers to train employees The Reality of Callbacks Because of the inherent nature of bedbugs and the requirements of many products a reinspection and potential retreatment might be warranted This should be covered in training sessions contracts and the materials given to consumers regarding their obligations in reporting to you Is this scenario really any different than the termiticide application and the possibility of disrupting the termite barrier It starts with the basic decision to implement this type of service which leads to appropriate and documentable training service agreements so that PMPs and their customers know whats being provided and what needs to be done by each party proper application of approved treatment methods and or products and proper inspection techniques As with any aspect of the pest management business documentation is necessary to record each transaction Bedbug claims must be taken seriously The inherent health issues make this a unique requirement But there is little difference in terms of their impact regarding the duties responsibilities obligations and actions of the PMP vs any other type of pest PMPs who provide inspections and or training for Cimex lectularius Linnaeus must do so correctly It starts at the top of the company and works down through every aspect of follow through A well trained technician who follows the guidelines of a well drafted contract delivering services in accordance with the U S Environmental Protection Agency EPA and manufacturer requirements to consumers who understand the duties and obligations of both the PMP and themselves is the best preventative for claims or lawsuits In summation to avoid a bedbug lawsuit PMPs should plan their work and work their plans pmp An industry attorney Crosslin can be reached at greg@ bug law com LIPCA Insurances McGinty can be reached at andy mcginty@ lipca com Legal Bedbug Documentation Does the contract you provide to consumers properly convey what services you will provide the consumer and more importantly what they need to do for you to provide the services What follow are some key issues that should be addressed in these contacts Limits of liability Many operators limit their exposures to the cost of treatments or retreatments to the reimbursement of consumers out of pocket paying them back A statement that you are not liable for any injuries or damages unless due to gross negligence is popular in pest management contracts Whatever you decide ensure it does not con ict with your insurance coverage or regulatory requirements Limitations of a visual inspection This is very important to spell out as is done on a WDO WDI form Chemical sensitivity This is particularly important if liquid materials are used Companys right to terminate the agreement This should be worded toward the consumers responsibilities but technicians must exercise this right too often they do not when they should Speci c exclusions There are many types of exclusions that can be included in contracts that vary by company Discuss your options with your attorney or insurance professional Binding arbitration Know the di erences between arbitration and litigation Separate contracts Have a separate bedbug contract for all consumers Do not use a regular pest contract and add the words bedbugs to it 64 August 2011 Pest Management Professional mypmp net