Course Ethics and Conduct California

1. ETHICS AND CONDUCT
INTRODUCTION
In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code
Section 11400 et seq), the Structural Pest Control Board and the Administrative Law Judge shall consider the
uniform disciplinary guidelines as set forth herein. The Board recognizes that these terms of discipline and
conditions of probation are merely guidelines and that the Board and the Administrative Law Judge must be
free to exercise their discretion in such cases. However, deviation from such guidelines is appropriate only
when facts of the case warrant such a departure. As such, any departure from these guidelines should be
explained and noted fully in the proposed decision or disciplinary order. The Board desires that matters in
extenuation or mitigation, as well as those in aggravation, be fully considered and noted in the proposed
decision or disciplinary order. Of primary importance is the effect of the licensee’s or registrant’s
conduct/action on the public as consumers.
Elder Abuse
There are many types of elder abuse, two of the more common in our profession are:
Emotional abuse. In the business of structural pest control, as inspectors and technicians you must have the
moral and ethical fortitude to discuss your findings and recommendations in a calm, rational manor to avoid
scarring or coercing your client for your own personal gain. Often times you are better off to ask if there is a
relative or neighbor that can be present during your discussion with them.
Financial exploitation. Often times your elder client may be offended at your even asking to have someone
else be involved, but it is better to ask than be labeled a predator of elderly people for financial gain. Often a
severe rodent infestation, structural fumigation, exterior perimeter subterranean termite treatment or fabric pest
treatment could run into the thousands of dollars. The money you are asking for may be worth every penny, but
in the eyes of a family member or friend that doesn't understand what is involved they may automatically
assume you are ripping them off.
My father taught me at an early age, "If it's the right thing to do, do it. If it's not, don't". That little adage has
served me well over the years.
One part of your job is to produce income for yourself and your company. Producing income should be a
benefit for all parties involved. Even if the people need your service, want your service and can afford your
service you must consider the ramifications of an outside party yelling foul.
I'm not advising you not to sell work to an elderly person, but I am cautioning you to be able to justify the cost
to an outsider. It's to your benefit to consider all options prior to making a sale. If there is any doubt as to your
clients competency of making a decision on their own, walk away. There is no business owner that gets up in
the morning hoping for problems.
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If you make the decision to move forward with the work, make sure everything is in writing, what you will do
and what you will not do. In my personal experience in the instances I have had even a little doubt and the
people have refused to allow some else to be involved in the decision making process I have written in the
service agreement. "as a representative of (Your Company) I have recommended the buyers have a friend or
relative review this agreement prior to the commencement of the work" and have them sign it.
This isn't a get out of jail free card, but it can't hurt either. I would also recommend you wait three days prior to
the commencement of the work and once that has passed I would review the agreement with them one final
time.
Remember it's your reputation on the line. If you have any doubts to their competency, walk away. That's the
best advice I can give.
Immoral, Unethical
"If it's the right thing to do, do it. If it's not, don't". In any profession there are those that would never
knowingly do anything immoral or unethical and as we all know there are some that can't resist the temptation
to get one over on someone.
You can be a straight shooter, a moral compass, an extremely ethical person and refuse to do the right thing
when it comes to not informing the proper authorities when you have knowledge of those that run a shady,
illegal, under the table business. Not very long ago I was having a conversation with a PMP, he was telling me
about someone he knew operating an unlicensed pest control business in California. He didn't want to turn
them in stating, "they're not hurting me". Taking a deep breath I explained to him it was hurting him and every
other licensed PCO in the state. Licensed companies are obligated to abide by the rules and regulations of the
state. They must pay workers comp, have insurance, have a bond, have a written contract to protect the
consumer and themselves. Licensed companies pay county taxes, state taxes, federal taxes, FICA, with
holding and the list goes on. It's bad enough to have legitimate companies giving work away that have
overhead. Having someone pretending to be in business that has no overhead hurts everyone. That is illegal,
immoral and unethical. It's illegal for the unlicensed company to do business, it's also immoral and unethical.
They don't care. You should! It is your obligation morally and ethically to turn them in.
The Structural Pest Control Board has a form for reporting unlicensed or suspicious activity and you can
always call your county ag department for advice. Remember we are under the Department of Consumer
Affairs.
I advise everyone in this industry to become involved in your state association. The Pest Control Operators of
California was started in 1932 with the purpose of improving industry standards and eliminate unscrupulous
practices.
Doing your part as a professional
PMP stands for Pest Management Professional. Are you?

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What constitutes a professional?
pro·fes·sion·al·ism
/prəˈfeSHənlˌizəm/
noun
the competence or skill expected of a professional.
The Merriam-Webster dictionary defines professionalism as "the conduct, aims, or qualities that
characterize or mark a profession or a professional person"; and it defines a profession as "a calling
requiring specialized knowledge and often long and intensive academic preparation."
The opposite of professionalism is: Incompetence
There are no short cuts to becoming a professional. Having a job doesn't make you a professional. Showing up
for work doesn't make you a professional. Putting on a uniform in the morning doesn't make you a
professional. Getting your applicator license or your field rep license or even your operators' license doesn't
necessarily make you a professional.
Professionalism starts with the basics. What are the basics? Learning the rules and regulations that
govern your profession. When you were in drivers Ed you learned the rules of the road. In pest control
you need to learn BUSINESS AND PROFESSIONS CODE-RULES AND REGULATIONS and
DISCIPLINARY GUIDELINES. You also need to learn and understand the sections of a label of every
product you use, FIFRA, insect id, insect biology, proper inspection techniques, how to properly write
a report, how to properly write a contract and how to properly provide a service.
You should be clean, neat, well organized. Your vehicle should also be clean neat and well organized.
Have the tools you need to conduct your inspection or do your work. You're not at your friends house, asking
to borrow a flashlight, a ladder or other tools is very unprofessional. Being unprofessional makes a poor
reflection of everyone in the industry.
Integrity: Integrity is a personal quality of fairness that we all aspire to — unless you're a dishonest, immoral
scoundrel, of course. Having integrity means doing the right thing in a reliable way. It's a personality trait that
we admire, since it means a person has a moral compass that doesn't waver.
In our profession we are sometimes faced with opportunities to "get" more for a job than the job is worth.
It's easy to exaggerate the actual conditions that exist giving people the illusion the problem is much worse that
it really is. If you have integrity, you won't exaggerate the reality of the problems or conditions, if you do, you
are dishonest. It's just that simple.

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I highly recommend you request the people accompany you during your inspection. If they can't or won't, take
pictures of every finding you make during an inspection. There is no laws requiring it but having verifiable proof
gives the customer peace of mind and gives you back up documentation.
When performing a job that's been sold by you or your company you should always, always do everything in
the agreement. If there is something that cannot be completed it needs to be documented in writing and signed
by both parties. For WDO a supplemental report should be filed. I recommend a reduction of the total dollar
amount of work that cannot be completed by a fair amount, it's just good business.
Does your business have a Code of Conduct?
Think of the code of conduct as the heart and soul of the company and as a way to express:
1. What your organization believes
2. How your employees view themselves
3. How your employees conduct themselves at work
4. The relationship your business has with the rest of the world
5. How employees, clients, and suppliers can expect to be treated
Every business is different and their codes of conduct differ accordingly. Despite that, consider including the
following basics in yours:
Company mission statement
Company vision statement
Unacceptable behaviors and their consequences
Legal compliance
Employee rights
On-the-job training guidelines
Internal practices (e.g., dress code, facial hair, etc.)
External practices (e.g., confidentiality, privacy, etc.)
Job duties
Benefits
Chain of command
Disciplinary process
The Following is portions of a generic Standards of Conduct:
STANDARDS OF CONDUCT
In order to assure orderly operations and provide the best possible work environment, (Your Company)
expects employees to follow rules of conduct that will protect the interests and safety of personnel and
this company. It is not possible to list all the forms of behavior that are considered unacceptable in the
workplace, but the following are examples of infractions of rules of conduct that may result in disciplinary
action, including suspension, demotion, or termination of employment.
1. Falsification of employment records, employment information, or other records.

5. 2.Recording the work time of another employee, allowing any other employee to record your work time, or
allowing falsification of any time card, whether your own or another employee's.
3.Theft or the deliberate damage or loss of any Company property or the property of any employee or
customer.
4. Removing or borrowing Company property without prior authorization.
5. Unauthorized use of Company equipment, time, materials, or facilities.
6. Working under the influence of drugs and/or alcohol.
7.Possessing, distributing, selling, transferring, or using, or being under the influence of alcohol or illegal drugs
in the workplace.
8.Provoking a fight, fighting, or threatening a co-worker with physical violence during working time or on
premises owned or occupied by the Company.
9.Participating in horseplay or practical jokes during working time or on premises owned or occupied by the
Company.
10.Carrying firearms or any other dangerous weapons, at any time, on premises owned or occupied by the
Company.
11. Engaging in criminal conduct.
12.Insubordination, including but not limited to failure or refusal to obey the orders or instructions of any
Supervisor or member of management, or the use of abusive or threatening language toward any Supervisor
or member of management.
13.Using profane or abusive language at any time during working hours or while on premises owned or
occupied by the Company.
14. Failing to notify the appropriate Supervisor when unable to report to work or reporting late.
15. Unreported absence of two consecutive scheduled workdays.
16. Failing to observe working schedules, including rest and lunch periods.
17.Failing to provide a physician's certificate when requested or required to do so in compliance with California
law.
18. Sleeping on the job.
19.Making or accepting non-emergency personal telephone calls of more than three minutes in duration
during working time is prohibited. Using the telephone while driving without a hands free device; texting while
driving; and using the internet while driving is strictly prohibited. Personal use of any device as a passenger
during working time is strictly prohibited. Personal phone use is only allowed during non-working time,
including meal and rest breaks as noted on your daily schedule and time card. Failure to do so is fraud and a
violation of company policy and will be addressed with time off without pay and/or termination of employment.
20. Working overtime without authorization or refusing to work assigned overtime.
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21. Wearing extreme, unprofessional, or inappropriate styles of dress or hair while working.
22. Violating any safety, health, or security policy, rule, or procedure of the Company.
23. Committing a fraudulent act or a breach of trust in any circumstances.
24. Failure to comply with all rules and regulations of State and Federal licensing agencies.
25.Employees must immediately notify the company President of any traffic violations, accidents, vehicle or
equipment damage.
26. Other misconduct deemed of a serious nature.
27. Vehicles and equipment must be kept clean, in good repair and organized at all times.
28.The failure of any employee to observe any of the Company safety, security or conduct rules may result in
discipline up to and including discharge. Your Company may, in its sole discretion, determine to use
progressive discipline rather than discharge as warranted. However, as noted above, employment is at-will and
the Company will have no legal obligation to utilize progressive discipline or behavior prior to termination.
29.It is extremely important that the Company have on file all employees’ current addresses, phone numbers,
person to contact in case of an emergency, and any information which will affect their tax situation or insurance
coverage. Therefore, if an employee is adding or deleting dependents, moving residences, changing telephone
numbers, etc., they must notify the Company of this change as soon as reasonably possible.
ETHICAL PRINCIPLES
To define ethics is not as simple as it may seem; it means character and pertains to the individual morality of a
person or persons as described in Ethics: Theory and Practice, by authors, Dr. Jacques Thiroux & Dr. Keith
Krasemann (2006). These authors also define Morality, "as customs or manners which pertain to the individual
character of a person or persons"(2006, pg. 137). Therefore, if one is identified as ethical or unethical, the
determination of one's integrity is characteristic of their behavior being right or wrong, good or bad, or as
implied by Dr. Thiroux & Krasemann to include happiness and pleasure. Integrity is the adherence to moral
and ethical principles; soundness of moral character; and honesty.
According to the New Advent, a Catholic online encyclopedia, it identifies ethics as the scientific or
philosophical treatment of morality. Moral philosophy is a division of practical philosophy which concerns itself
with what ought to be, or with the order of acts which are human and which therefore depend upon our reason
(Cathrein 1909, pg. 1). The distinction made between ethics and morals provide each man with concepts and
principles which are applicable to the details of practical life.
Cornell University Law School indicates "ethics" is derived from the Greek word ethos(character) and the Latin
word mores (customs). Combined, these words can define how an individual chooses to interact with others.
Though law embraces the theory of ethical principles, it is difficult to weight the circumstances of unethical
actions in a court of law. Therefore, many acts that would be widely condemned as unethical are usually
settled through some act of apology.
In theory, universal thinking is identified at three distinct levels: pre-conventional, conventional and
post-conventional, each providing a rational consistency to moral judgment. Pre-conventional is either

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hedonistic (good) or physical consequences of actions. Reasoning behind pre-conventional morality is the
concern for self. "Will I get into trouble for doing (or not doing) it?" (Crain 1980, pg 121). These behaviors are
many times influenced by others which can cloud their good judgments. Conventional is the ability to conform
to the expectations of others. And post-conventional is the ability to engage reflective reasoning apart from
others actions. However, in order to define integrity or actions, one must examine specific related guidelines or
duties. Most professionals have a code of ethics detailing specific guidelines identifying ethical expectations in
relation to their moral standards , each addressing moral obligation to honesty, loyalty, respect, etc.
Philosophical theories define what is good for individuals and society, and establishes behavioral expectations,
yet this may vary between cultures. A normative ethical principle assesses or justifies actions and behaviors.
Utilitarian ethics is a form of consequentialism, meaning that the moral worth of an action is determined by its
outcome. It focuses on the consequences of an act rather than the motives (Viking 2010). It defines integrity in
terms of maximizing respectable objectives for all parties affected by a decision or action.
Character based ethics identifies emotion versus rules or duties whereby character development is the basic
element. Virtue ethics is concerned with emotions and the reaction to emotions, choices, desires, attitudes,
interests and expectations. A virtuous person (hedonistic-those who pursue pleasure through honesty and
truthfulness) is one of truly moral and admirable characteristics. An honest person's reasons and choices
reflect ones views about honesty and truth, and manifests the same respect to their actions and emotions as
well, without falsity or for self-serving reasons. Through virtue, Utilitarianism identifies with the need to
cultivate good relationships with proper actions and aims to achieve a grand harmony.
Christianity defines Integrity as doing the same thing in secret when nobody is watching as you would do in
public. Ephesians 6:8; says "what we make happen for others, God will make happen for us" (1950, pg. 1120).
This gives one protection when they are honorable in their dealings. Likewise in Matthew 21, states:" Jesus
sees a fig tree and cursed it. The tree immediately withered. Why? It wasn't the fig trees fault it didn't have any
figs on it , was it?" In the Joyce Meyer version of the Amplified Bible, it says that on a fig tree the fruit appears
at the same time as the leaves. So when Jesus from a distance saw the fig tree with leaves on it, He went to it
expecting to find fruit. When he found the tree did not bear any fruit, He cursed it. Why? Because it was a
phony; it had leaves but no fruit (Meyers 2006 pg 1204).
Christianity teaches honesty, while encouraging its congregations to maintain the highest level of integrity. In
the Golden Book edition of the Holy Bible; (Leviticus 19:35) "Ye shall do no unrighteousness in judgment"; and
(Proverbs 29:27) "An unjust man is an abomination to the just"(1950 pg. 733).The basic message of Leviticus
is "If you obey God, you will be blessed. If you don't, you won't. God gives us guidelines for living under his
blessing. In addition, Leviticus shows us the need to obey God's laws so we can be blessed, and experience
holiness in our daily lives.
Proverbs was written by Solomon, who has been called the wisest man who ever lived. He teaches us through
the word of God, how to:
● Make good decisions
● Be objective in our communications

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● Respect our monetary gains
● Look to the future with great expectation
● Treat our partners and others with respect
● Accept criticism
● Avoid foolishness
● Nurture and guide the young
Proverbs also teaches us to choose our words carefully as they can rake havoc on our relationships like the
joys and sorrows of life and death. "Those who are wise in heart use their lips to spread knowledge, but those
who are foolish in heart speak whatever comes to mind" (2006. pg. 984). In other words, speak with positive
affluence choosing words that will not cause harm.
In the Old Testament, Zechariah clearly teaches to do the right thing, to be truthful and forthright. Lying is not
only considered a sin, but a punishable offense when it has caused harm. According to Zechariah, lying
demonstrates a lack of integrity, as God expects us all to live by the highest standards of truth and honesty. In
Exodus, Moses shares God's ten commandments, the spiritual laws of our actions and the importance to abide
by his laws and follow-through on our commitments and promises.
In the New Testament, I Corinthians, tells us to guard ourselves from evil doers; 15:33 "Be not deceived: evil
communications corrupt good manners." (1950 pg. 324); and that one's bad behaviors can influence our good
habits if we do not stand guard with righteous intentions. Additionally, apostle Paul speaks of love and
principles that should be applied to our daily lives and that we should practice all good intentions and not allow
ourselves to be mislead buy those with ulterior motives.
The Holy Bible mentions that our integrity will be tested by God. In the book of Psalm, 7:8 indicates that the
Lord judges our righteousness and integrity, and that justice lays with those who live by his standards (The
10-Commandments). That we should delight in uprightness and helping those with our hearts. 1 Chronicals,
talks about our attitudes and motives. 29:17 discusses how God is delighted by our offerings of the heart to
others and the joy that it brings to all.
Acting with integrity is rewarded by God. In 1 Kings, 9:4-5, God tells Solomon "if you will walk before me, ...in
integrity of heart and uprightness,..I will establish your royal throne over Israel forever." (2006 pg.
1746).Likewise, Nehemiah stayed focused on Gods request for him to rebuild Jerusalem while refusing to be
influenced by mockery, degradation or persecution of others. In scripture 7:2, Nehemiah made his brother
Hananiah, ruler of the castle over Jerusalem because he felt his brother had the most integrity to righteously
lead the people. In Psalm 41, 11-12, David speaks to God in thanks for upholding him in his integrity and in
giving him the strength to divert his enemies.

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Protestant ethics, in sociological theory, the value attached to hard work, thrift, and efficiency in
one's worldly calling, which, especially in the Calvinist view, were deemed signs of an individual's
election, or eternal salvation. John Wesley and the Methodists following him (and much of American
Protestantism in the wake of Wesley's influence) taught that good works—though performed only with the help
of God's grace—definitely will accompany salvation, and that those who are saved can, through their own
efforts, contribute to the process of Christian holiness, understood as thoughts, words, and deeds being
motivated solely and purely by the love of God. Leading a life that is not marked by good works and that is
marked by evil or immoral behavior can lead to the loss of one's salvation; thus the believer's behavior has a
pivotal role in the ongoing experience of salvation, and thus the warnings against "backsliding."
Methodist ethics. United Methodists believe in actualizing their faith in community — actions speak louder
than words. The three simple rules are: “Do no harm. Do good. Stay in love with God.” Some beliefs we share
with other Christians are the Trinity (God as Father, Son and Holy Spirit) and Jesus' birth, death and
Resurrection.
Judaism. Judaism has three key moral principals including justice, healing the world, charity and
kindness to others. The importance of the sanctity of human life, including the concept of 'saving a life'.
There are nine core values:
● Trustworthiness- EMUNAH. Be honest • Don't deceive, cheat or steal • Be reliable — do what you say you'll
do • Have the courage. ...
● Respect- KAVOD. ...
● Responsibility- ACHRAYUT. ...
● Fairness- TZEDEK. ...
● Caring- CHESED. ...
● Community- KEHILLAH. ...
● Kindness/Warmth/Positivity SEVER PANIM YAFOT. ...
● Role Modeling- DUGMA EESHEET.
Baptist Principals of Moral Thought and Action
There are no distinctively Baptist views on specific moral questions. Baptists share in most of the views, as
well as the diversity, associated with Christian ethics in general. However, the ways in which Baptists approach
moral thought and action reflect their emphasis upon the Bible--and, within the Bible, their emphasis on the
New Testament over the Old Testament--as well as their emphasis on individual responsibility.
Baptists are sometimes described as "people of the Book," and this is certainly true of the characteristically
Baptist approach to ethics. The Bible is the primary source of and guide for moral principles and conduct.
Whatever scripture teaches takes precedence over whatever moral guidance might be proposed by Christian
tradition, philosophy, personal opinion, or cultural mores.
UTILITARIANISM
Utilitarianism is about choices, it is the results of actions that promote doing the right thing for all(without
creating negative forces) that can benefit the good of any consequential or non-consequential circumstance

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(Bentham 1890, pg. 1).Therefore, considerate actions are believed to produce the most pleasure and promote
the best of intentions for all particular situations. This should not be confused with the need to please others or
putting ourselves in a submissive role for the good of others. If one demonstrates consideration not only for
others, but for one's self as well, others should recognize these good intentions and become more willing to
play by the same rules.
Utilitarianism is an effort to provide an answer to the practical question "What ought a man to do?" Its answer is
that he ought to act to produce the best consequences possible (Time 2012, pg. 1).Theorist and legal activist,
Jeremy Bentham, introduced philosophical utility to the legal system declaring justice to claim utilitarianism as
a form of consequentialism, meaning that the moral worth of an action is determined only by its resulting
outcome, and that one can only weigh the morality of an action after knowing all of its consequences (Singer
2012).Benthams' proposed ethical theory of utilitarianism suggests that all human action be directed toward
achieving the greatest happiness for the greatest number of people; thereby assuming that if the law does not
recognize an act as unlawful, the act therefore, must not be considered punishable(Lyons 1991). Therefore,
according to Benthams' theory, ethical issues present in merger and acquisition transgressions within the pest
control industry would require that any dispute resulting from questionable actions be given consideration of
the circumstances by which the acts materialized.
Trust is essential in any business transaction. Trust is built on honesty; the commonality of code of ethics,
utilitarianism, and Christianity. A man or woman of integrity is one who has demonstrated fair and honest
actions. On the other hand, Morality and the Law do not arbitrarily equate legal issues with moral ones.
However, morality impacts reasons behind governing laws that can be punishable. These laws and traditions
represent the basis for measuring the difference of good and bad behaviors, ethically speaking, the difference
between morality and immorality.
Code of Ethics
● Misrepresentation - withholding or concealing any information pertinent to the business or feeding
clients information outside the parameter of professional influence.
● Fraud - protect clients from misleading or dishonest actions that, within all reasonable doubt, can
impact the legitimacy of a business transaction.
● Discrimination - avoid judgment of others based on ethnicity, intellect, sexual preference, appearance,
or spiritual beliefs, etc.
● Honor - always maintain respectful communications with clients, professional colleagues, and with the
general public.
● Confidentiality - uphold a fiduciary responsibility to all parties rights.
CUSTOMER RELATIONS

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We are a service business and all of us must remember that the customer always comes first. While the
customer is not always right, the customer is never wrong.
Customers are to be treated courteously and given proper attention at all times. Never regard a customer's
question or concerns as an interruption or an annoyance. Customer inquiries, whether in person or by
telephone, must be addressed promptly and professionally.
Never take advantage of a client young or old. Put yourself in their position or pretend it's your parents or
children. Doing the right thing is never wrong.
Never place a telephone call on hold for an extended period. Direct incoming calls to the appropriate person
and make sure the call is received.
Through your conduct, show your desire to assist the customer in obtaining the help he or she needs. If you
are unable to help a customer, find someone who can.
All correspondence and documents, whether to customers or others, must be neatly prepared and error-free.
Attention to accuracy and detail in all paperwork demonstrates your commitment to those with whom we do
business.
Never argue with a customer. If a problem develops or if a customer remains dissatisfied, contact your
supervisor for assistance immediately.
When on a customer's property or in the home or business be mindful to only move or touch items as required
for the job you are doing. Never touch money, jewelry, guns, or knives. Always ask the client to move or
remove these items.
If you have a prospective client that needs our service and wants our service but can't afford our service call
the office to find out if it's within our means to do the work for free or at a reduced cost.
In conclusion I'm giving you a few real life instances of poor ethics, poor conduct and poor decision making.
If you remember nothing else.....remember this.....
If it's the right thing to do, do it. If it's not, don't.
REAL LIFE STORIES...IF YOU CAN'T PAY THE FINE DON'T CROSS THE LINE!
Two recent trials involving the misuse of chemicals in accordance with the label demonstrates the negligence
many buyers fear sellers are able to hide even when due diligence and an analysis of historical performance is
performed by professionals who are trained to uncover any loopholes that may discredit the companies
integrity or value. The punishment for each of these company's resulted in favor of the plaintiff; awarding
Campbell Law the right to issue a class action suit to inform all termite customers across the United States for

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(A large International termite & pest company) negligence in providing adequate termite services to its
customers and allowing them the opportunity to file claims for damages incurred. In the trial, State of Utah vs.
A small pest control company which involved the death of two children due to a misapplication of chemicals,
the service technician received sentencing for negligent homicide with six months imprisonment and six
months of parole and the company was restricted from purchasing any chemicals for three years. In addition,
both the service technician and the owner of the small pest control company received fines which were not
disclosed.
The Charged with Faulty Termite Contracts:
In March 2008, plaintiff vs. a large International termite & pest company settled a 10-year dispute out of court.
The company was alleged of fraud, breach of warranty, negligence and breach of contract on the termite
service the plaintiff had purchased from the company to rid the termite infestation from their home. Additionally,
the Plaintiff sought compensation for the termite damage to their home.
The large International termite admitted it promised to provide a protective chemical barrier around 100% of
the foundation of all homes, and failed to do so since 1978, never intending to bring the treatment up to
standards required by law, even after it knew the homes had been badly eaten up by termites. The companies
lawyer admitted that the company used a termite chemical called Pryfon in the 1990's and that the company
knew that Pryfon did not prevent termites; billed annual renewals for contracts that promise to provide all
"necessary service" to prevent termite attack; and refused to retreat homes across the United States, knowing
the homes could become damaged by infestations (Mirando 2011, pg.1). Hence, in January 2008, the
American Arbitration Association determined that the clause the company used in its termite contracts was
broad enough to allow a potential class action suit on behalf of hundreds of thousands of people across the
United States.
In an Arkansas arbitration case, plaintiff and his wife alleged the company failed to apply enough of the Pryfon
around the foundation of their home for many years and even after the company sent out letters to its
customers in which they promised to re-apply any additional chemicals necessary to protect the individuals
homes however, the Flaxman's were unable to get the company to respond to their needs.
The company believed that although they continued to collect annual termite renewal premiums from these
customers, they would not get caught by the states regulating agencies. The attorneys have led judges and
arbitrators to agree that consumer complaints against the company for the termite treatments they received
can be brought to court or arbitration forums against the company as a class action suit in Arkansas,
Tennessee, South Carolina, California or any other states the company holds a presence.
Children Die from Rodenticides

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On February 9th, 2010 KSL news reported the death of two children in Layton, UT whereby the second child
had just passed hours after the first child passed due to pesticide poisoning within a few days after the small
pest control company technician provided a rodent treatment at the family's home for voles.
After the 1st and 2nd service visit to the plaintiffs family home, they were still complaining about the problem
with the voles burrowing in and around the home and killing their shrubs. The technician, then buried
Fumotoxin around the property in a manner inconsistent with the label, and when mixed with water produces a
phosphine gas which apparently leaked into the home, killing the family's two young daughters.
The company owner expressed no remorse for the children or their parents and pointed all blame on the
service technician. Officials investigated the site in attempt to determine the amount and placement of all
applications however, the technician did not complete the service document appropriately, leaving out exact
locations of where the Fumitoxin was placed (Contributed 2012).
The Utah court system called for justice sentencing with negligent homicide whereby the plea agreement
called for six (6) month's imprisonment and six (6) month's home confinement. The company was fined and
barred from purchasing chemicals for a period of three (3) years.
Additionally, the Environmental Protection Agency (EPA) has prohibited the use of Fumitoxin in residential
applications. The Utah Department of Agriculture and Food also tightened accountability requirements,
mandating that consumers be notified in advance if any product with a "Danger" label is used at their home
(Trentelman 2012, May 1).
References
Adams, R. M. (1976). Motive Utilitarianism. The Journal of Philosophy, 73(14), 467-481.
Bentham, J. (1890).Utilitarianism. London: Progressive Pub. Co..
Cathrein, V. (1909). Integrity. In The Catholic Encyclopedia (Vol. 1, p. 1). New York: Robert Appleton Company. Retrieved March 28,
2012, from http://www.newadvent.org/cathen/05556a.htm
Contributed. (2012, January 10). Family settles lawsuit for misapplied pesticide that killed two children.
http://www.marylandinjuryattorneysblog.com. Retrieved May 19, 2012, from
http://www.marylandinjuryattorneysblog.com/2012/01/family-settles-lawsuit-for-mis.html
Crain, W.C. (1980). Theories of development: concepts and applications. Englewood Cliffs, N.J.: Prentice-Hall.
Lyons, D. (1991). Issues Arising after a sale of Business. In the Interest of the Governed: A study in Bemtham's Philosophy of Utility
and Law (p. 9). Oxford: Clarendon Press .
Meyer, J. (2006). The Everyday Life Bible. New York: Hatch Book Group USA.
Mirando, K. (2011, February 24). Terminix Faces Class Action Lawsuit. Top Class Actions. Retrieved February 12, 2012, from
http://www.topclassactions.com/lawsuit-settlements/lawsuit-news/1045-terminix-faces-class-action-lawsuit
Seemann, A. (n.d.). Bain & Company Homepage - Bain & Company. Bain & Company Homepage - Bain & Company.

14. 14
Retrieved May 29, 2012, from http://bain.com
Singer, P. (2012, February 7). Thinking out loud. Thinking out loud. Retrieved May 29, 2012, from http://lucasmarie.com
The Golden Book Edition of the Holy Bible. (1950). Chicago: Consolidated Book Publishers.
Thiroux, J. P., & Krasemann, K. W. (2006). Ethics: Theory and Practice. Upper Saddle River: Nancy Roberts.
Trentelman, C. (2012, January 6). Layton pesticide case - Standard-Examiner - Top of Utah News & Multimedia. Standard-Examiner -
Top of Utah News & Multimedia. Retrieved May 19, 2012, from http://www.standard.net/topics/layton-pesticide-case
Trentelman, C. (2012, May 1). Bugman Pest and Lawn - Standard-Examiner - Top of Utah News & Multimedia. Standard-Examiner -
Top of Utah News & Multimedia. Retrieved May 19, 2012, from
http://www.standard.net/topics/bugman-pest-and-lawn
Viking. (2010, June 2). Free Term Papers and Essays. Free Term Papers and Essays. Retrieved May 29, 2012, from
http://essaysforstudent.com
time, t. (n.d.). Utilitarianism. Utilitarianism : past, present and future. Retrieved June 19, 2012, from
http://www.utilitarianism.com/utilitarianism.html