Termite Control Means Taking Risks

At the National Pest Control Convention held October 19-22 in Minneapolis, there was a lot of talk about risks. You may have not heard the word spoken, but it was certainly on the minds of those that do termite control. Much of their concern stems from the Federal Trade Commission’s increased interest in our industry. This turn of events may mean we need to sit down this winter and assess our risks ¾ maybe with a little more zeal than has been invested in the past.

Align the FTC investigation with the new termiticide labels coming out of the PR 96-7 notice and you have the potential for some mind-boggling sessions with technicians and sales people.

WHAT CAN YOU DO? First and foremost, gather all the articles you can find about termite control, warranties and label changes and read them again. Many PCOs will have to make changes to their contracts, just to be safe. And all PCOs doing termite work will have to become familiar with new labels. By the time you read this some of the new labels will have hit the street. Furthermore, products will be out there with some very different directions on them and in some cases more questions -- have you ever read a label that did not bring at least two or three good questions to mind? These new labels will be no exception.

Firstly, you will have to have a heart-to-heart talk with your sales people. It is pretty obvious that companies that may have the FTC looking over their shoulders may have had some ambiguous language in their contracts, promotional literature that promised too much, or possibly a salesperson that was a little overzealous.

Whatever tweaks the interest of the FTC will take a lot of explaining from the company. In addition the FTC will have the opportunity to look into your records. This is not a fun situation. At the NPCA convention this year I heard people discussing adopting national standards, saying that contracts should be the same and that the industry should change things on a national scale to prevent future regulatory issues such as the FTC investigation. Unfortunately, these may be moot points. The powers of the FTC are far reaching and can change industries overnight. We may not have to worry about debating the national standards issue after the FTC is finished. To their credit, several state associations have stepped up their discussions with the FTC and states attorneys. NPCA is also monitoring the situation very closely. So stay tuned, it should be an interesting winter and New Year.

LABEL CONFUSION. There are several concerns I have after reading a few of the so-called “new” labels. It would seem that the attempt to standardize the labels has met with some difficulties. There is some standardization of pretreatment statements and who can use and/or purchase the product. There are also pretty standard treatment instructions, such as recommendations regarding gallons used per linear foot, etc. But there are discrepancies in the labels. Here are a few here for your consideration:

What level of precipitation does it take to stop a treatment? What is an unventilated space? How many gallons do you use to treat course fill material? And as one PCO, who seemed to be confused about label language asked, “What constitutes a complete pretreatment?”

Let’s tackle the precipitation issue. Obviously you are not going to be able to treat during rainstorms or downpours any longer. But the labels state, “Do not treat while precipitation is occurring.” As explained at the NPCA convention you can treat an area like a basement where the house is under roof and the slab is to be poured the next day. In other words, you can treat if the area to be treated is protected from the precipitation during the application. Now this may seem silly, but what level of precipitation limits outside treatment? Do fogs and mists? Or precipitation that could lead to run off problems? This needs to be more clearly defined.

There also seems to be quite a bit of confusion regarding what constitutes an unventilated space. I heard regulators say they are crawl spaces. I hear other regulators say they aren’t crawl spaces. I read statements in articles that any space considered a confined space should be considered an unventilated space, but that is using a term from the Occupational Safety and Health Administration, and I don’t think we want to go there. So this term needs to be defined as well, because the definition will dictate whether your people wear respirators.

Course fill treatments have always been, traditionally, 1.5 gallons per 10 square feet. Now labels state, “Apply 1 gallon of dilution per 10 square feet (no less than ½ gallon or more than 2 gallons) to provide thorough and continuous coverage.”

Then the label states, “If fill is washed gravel of other course material, it is important that a sufficient amount of dilution be used to reach the soil substrate beneath the course fill.” So where do you want to start with this quandary? It is up to you to determine the amount to be used, although you may get some help from your regulatory agencies on this. I would note you cannot use more than 2 gallons per 10 square feet though, or at least that is one interpretation.

Now what constitutes a pretreatment? In my opinion this means that the PCO contract with the builder to treat the soil under and around the structure including after the final grade is in place. One label states that pretreatment is, “those applications made prior to the finished grades being installed.” That statement comes right off of the PR 96-7 Notice. This, in my estimation, complicates a fairly simple set of instructions. Pretreatment is the treatment of horizontal, and/or vertical barriers including block voids, trenches and backfills including the final grading. If you are not notified of when the backfill will be placed then you will have to treat this area later as per instructions of using 4 gallons per 10 linear feet per foot of depth, but not necessarily below 4 feet on the foundation wall.

Can’t this be done more simply? One area that is not addressed in new labeling is what pressure the termiticide should be applied at. Some labels say 25 psi for post-construction, but provide no recommendations for pretreatments. In my opinion, we need to use that pressure in every treatment, as it better assures attention to detail. High pressure spraying can lead to thin spots and inadequate coverage. But then again now the labels say you must apply all volumes called for an at least minimum dosage.

If the FTC is upset about pretreatments, this area has been reported as one of their areas of concern, maybe they ought to talk to the EPA. Now there’s a meeting I would love to attend.

PCT contributing editor George Rambo is president of George Rambo Consulting Services, 1004 Van Buren St., Herndon VA 22070, 703/709-6364.