In 1995, the Texas Legislature passed a new law designed to benefit businesses that are required to comply with the state's environmental health and safety laws including the Texas Structural Pest Control Act.  This law will allow limited privileges and immunities for businesses that conduct self-audits to determine their compliance with environmental laws. 

 

Any business governed by an environmental health and safety law in Texas may perform a self-audit to monitor their own compliance with state laws and receive certain privileges and immunities for any violations found, reported and corrected.  You may choose to have your self-audits performed by a contracting company.

 

Certain documents created during a self-audit are not subject to discovery by the Structural Pest Control Service or in civil litigation.  Take note this privilege does not extend to state-required documents.  All documents found to be in violation must be marked "self-audit document" in order to be extended immunity.

 

Any violations you discover, disclose and correct are not punishable by the Structural Pest Control Service.  This immunity does not apply for criminal acts, a preexisting pattern of disregard for the law or management policies that caused the violation.

 

If you are interested in performing a self-audit at your business, the following steps need to be followed:

 

1.      Notify SPCS by mail or fax at least 10 days in advance of conducting a self-audit.

2.      Begin auditing your business for compliance with structural pest control laws and regulations on that day.

3.      The self-audit must be completed within 5 days.

4.      Notify SPCS by certified mail of any violations found immediately.  Violations discovered by SPCS due to an investigation initiated prior to this notification are not covered.

5.      Take whatever action is necessary to correct the violation yourself.

 

A complete self-audit for purposes of complying with the laws and regulations of SPCS must include the following: 

• Licenses - verify licenses for the business and employees involved in sales and service.
• Businesses - check business name, license number, categories of service, location address/ mailing address, responsible certified applicators, license display, TPCL number on service vehicles.
• Certified Applicators - business name, location, categories, continuing education status, supervision of non-certified personnel.
• Technicians - completed training, supervision of certified applicator, business name, location, categories.
• Apprentice - date of hire, training records, training course attendance, business name, location, categories, supervision by certified applicator, on-site supervision for those with incomplete training.
• Records - two years of use records, completeness of use records, warranties/contracts-jurisdictional statement, pest control signs, consumer information sheets, records for school contracts, fumigation records, reduced impact, inspection and use records, reduced impact consumer information sheet, emergency waivers-48-hour posting and 12-hour, reentry.
• Termite Procedures - approved devices, treatment disclosure, treatment stickers, wood destroying insect reports, inspection stickers, fumigation records.
• Advertising - standard, reduced impact.
• Insurance - current, branch address, correct business license holder, certificate sent to SPCS by agent.
• Safety - chemical storage in vehicle, chemical storage in office, personal protective equipment, chemical/rinsate disposal, labels, MSDS sheets.