Service and Advocacy Green Industry Makes Its Presence Known in Nation’S Capital

News Professional Landcare Network September 2008 Service and advocacy Green industry makes its presence known in nation’s capital

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Ofﬁ cers President Solutions are just Jason Cupp, CLP Highland Outdoor Olathe, Kansas a click away at President-Elect/Secretary Bill Hildebolt, Ph.D., CTP, CTP-CSL Nature’s Select LandcareNetwork.org Winston-Salem, North Carolina

Directors-at-Large Phil Allen Brigham Young University Provo, Utah Norman Goldenberg TruGreen Companies, LLC Memphis, Tennessee Gerald Grossi Arborlawn, Inc. Lansing, Michigan Fred Haskett, CTP U.S. Lawns of West and St. Charles County Deﬁ ance, Missouri Ron Johnson Syngenta Columbia, South Carolina Joe Kujawa, CLP Kujawa Enterprises, Inc. Oak Creek, Wisconsin Miles Kuperus Jr., CLP Farmside Landscape and Design Wantage, New Jersey Jennifer Lemcke Weed Man – Turf Holding, Inc. Scarborough, Ontario, Canada Barbara Scheibe Wisconsin Landscape Contractors Association Waukesha, Wisconsin David Snodgrass, CLP Dennis’ Seven Dees Landscaping, Inc. Portland, Oregon Ken Taylor, CLP John Deere Worldwide Commercial & Consumer Equipment Division Cary, North Carolina Richard Wilbert, CLP Robert Howard Associates, Inc. Boulder, Colorado

September 2008 PLANET News 3 22 : COVER STORY Service and advocacy Green industry makes its presence known in nation’s capital Contents September 2008

PRESIDENT’S LETTER 6 Strength in numbers

LEADING THE WAY 8 BYU educator looks to grow hort programs

DOWN TO BUSINESS 9 Selecting safer subcontractors

STATE PARTNER PERSPECTIVE 12 Recycling program yields big results

NEWS FROM PLANET 13 Balancing life, work, and health 14 Making a good thing even better 16 PLANET names Business Champion of the Year 18 Additional resources added to online safety page 18 Students receive free PLANET membership

Professional Landcare Network MEMBERS MATTER LandcareNetwork.org 20 Member headlines Headquarters 20 e-Survey results 950 Herndon Parkway, Suite 450 Herndon, VA 20170 28 Welcome to new members (800) 395-2522 • (703) 736-9666 30 New STARS members Fax (703) 736-9668 Managing Editor, Kathy Wemhoff FROM THE HILL Editor, Sonia Myrick 32 Is it time for a national IPM standard for the lawn and landscape Writer, Rod Dickens industry? Advertising, Cheryl Claborn Graphic Designer, Marlene Hochberg SUCCESSCAPES Modern Type & Design PLANET News is published monthly by the 34 Plantique veteran still enjoys learning Professional Landcare Network (PLANET) expressly as a member service. SPECIALTY GROUP FORUM © 2008 36 Collaboration creates innovation

Our Mission HR INSIGHTS The Professional Landcare 38 The beatings will continue until morale improves! Network cultivates and safeguards opportunities for our members PR CORNER — the dedicated professionals and companies who create and 40 Developing press releases that work enhance the world’s landscapes. Our Vision CERTIFICATION UPDATE To be the respected leader and 42 Schedule of certiﬁ cation exams voice of the green industry. LEGALLY SPEAKING 44 Is your worker an employee or an independent contractor?

SAFETY ZONE 46 ‘Rodeo’ competition tests employees’ safety skills The association of members who create and maintain the QUALITY OF LIFE in 46 INDEX OF ADVERTISERS communities across America.

PRESIDENT’S LETTER

Strength in numbers

remember when I fi rst joined recognition, and infl uence through PLANET’s legacy associa- proactive advocacy. I tion, the Associated Landscape So how do you go about selling Contractors of America, almost 10 PLANET to your peers? How do I go years ago. It came at the recommen- about it? First, I identify who I think dation of an industry colleague, Bill would be a good member — someone Gordon. Bill thought that I would who is interested in professionalism, benefi t from membership. Little did I someone who understands the impor- know exactly how true Bill’s statement tance of education and certifi cation, would be. I’m grateful that Bill took the and someone who wants to grow his time to tell me about membership in a or her business. Then, I would invite national association, as it has made all them to join me at a PLANET event the difference in my business over the such as the Green Industry Conference, years. October 22–25, 2008, in Louisville, Now, you have an opportunity to be Kentucky. When they attend this con- Jason Cupp, CLP a PLANET Membership Ambassador. ference, they will immediately realize Highland Outdoor By now, most of you have prob- why they should be part of our group. PLANET President ably heard about PLANET’s GROW the NETWORK — JOIN the NETWORK campaign. The campaign kicked off July 1 and will continue through the More members give PLANET the ability end of this year. This exciting promotion is designed to encourage PLANET to provide even more resources for members to recruit new Green Industry Service Provider (GISP) mem- members, to have a stronger voice bers. The promotion rules go like this: For every new GISP member accepted on important legislative issues, and for membership and whose dues are received by PLANET, the referring to create an even larger network and member will receive one $25 American Express gift card and one entry into a community of industry professionals grand prize drawing for a fl at screen with similar goals in mind. television. Now that’s a pretty good deal. An even better deal, though, is what growing our membership will do Even more important than these will have an even stronger voice. There for all PLANET members and the selling tips is the enthusiasm I out- truly is strength in numbers. And you green industry. More members give wardly show for being a PLANET can become part of an industry col- PLANET the ability to provide even member. I’m not bashful about league’s story, just like Bill Gordon is more resources for members, to have sharing my PLANET experience and part of mine. y a stronger voice on important legisla- telling peers how this organization, tive issues, and to create an even larger its networking opportunities, and its network and community of industry resources have benefi ted my career professionals with similar goals in and business. mind. In a word, or in several words, When you think about it, how by helping grow membership, you’re much easier can you make $25 than helping PLANET deliver on three of to simply relate an experience or two the fi ve goals of the PLANET Promise: to an industry friend? Your friend will Jason Cupp, CLP deliver unparalleled value to PLANET benefi t, you will benefi t, PLANET will PLANET President members, advance marketplace benefi t, and so will an industry that [email protected]

6 PLANET News September 2008

LEADING THE WAY

BYU educator looks to grow hort programs

s a PLANET board member who is heavily involved “There’s no question that preparing for and taking the in accreditation and Student Career Days, Phil Allen, exam gives our seniors an advantage,” Allen relates. “But the A Ph.D. is on a mission. “There are literally hundreds exam and how well students fare on it are also measuring of horticulture programs around the country that don’t have sticks for our program.” He goes on to say that BYU hopes a clue about PLANET and what it can do for their programs,” to one day offer a PLANET Certifi ed Landscape Technician says Allen, a professor in the Department of Plant and (CLT) exam on campus. The university currently pays for Wildlife Sciences at Brigham Young University (BYU) – Provo. students taking the CLP exam, an indication of the strong As he points out, vibrant landscape-related programs are vital support Allen’s program receives from the administration. to the future of the green industry. Unfortunately, because these programs are expensive to maintain, they become vulnerable when a “department champion” leaves or when Heady start schools are forced to cut back on expenses. Being involved Allen’s family ran a small lumber jack company in with PLANET, becoming accredited, participating in Student Mountain View, Wyoming. While in high school, he spent Career Days, and taking advantage of PLANET resources will most of his summers felling pine trees at 9,000 feet above give programs more stature within their respective schools sea level and mowing lawns in his spare time. The experi- and help build enrollment.” ence didn’t seem to have much of an impact on his college Allen knows this from experience. He joined the BYU career, as he enrolled in BYU as a psychology major. In fact, teaching staff in 1990 but didn’t become involved with he didn’t discover the horticulture program until the last PLANET until 1997 semester of his senior year, even though he worked steadily when then-ALCA for BYU Grounds as an undergrad. President Steve Glover, Over the next seven years, the former psychology major CLP, encouraged him made up for lost ground. He received an M.S. degree in hor- to attend a Student ticulture from BYU and later a Ph.D. in horticulture with an Career Days at Richland emphasis on turf from the University of Minnesota. Allen College. “It took me 30 worked for the Minnesota extension service for a year before seconds to realize we returning to BYU to teach. needed to be here and Allen is active in both the classroom and the labora- be part of PLANET,” tory. Within the last two years, he has taught courses in says Allen. “In 1997, our arboriculture, landscape design, turf management, urban program had an enroll- soils, and career preparation. His research focuses on seed ment of 40 students; performance under adverse environmental conditions, and today, we have more over the years, he has published 57 scientifi c articles in than 200 students.” books and journals. Allen is also co-advisor to the Landscape He continues, “Our Management Club and the Student Career Days Team. school attended Student Allen brings as much enthusiasm and commitment to Career Days the follow- Phil Allen, Ph.D. PLANET as he does to his teaching assignments, research, ing year, and we haven’t Brigham Young University and outdoor adventures. “I thoroughly enjoy attending missed a year since. Not PLANET events, meeting industry people, and participating only has our enrollment on committees,” he relates. “It’s fun for me just to be around skyrocketed, but after we became accredited in 2003, we’ve members and to converse with them. I also know that other added a professor nearly every year. In 2002, we had one schools and other faculty members would benefi t just as we teacher dedicated to landscape contracting — me. Today, have from being involved with PLANET.” we are searching for our sixth, and our program is getting This educator is also excited about a new faculty-oriented stronger and receiving more recognition with every graduat- Trailblazer program that parallels the member program. The ing class.” new initiative, which will be launched in 2009, is designed Allen notes that his contacts within PLANET and the to give professors like Allen an opportunity to help other relationships he’s developed with more than 50 member schools grow their horticulture programs. companies helps to place graduates. So, too, does the fact “I will give any professor in any school everything I have that seniors in the school’s landscape management program related to our curriculum and courses,” says Allen. “In take the PLANET Certifi ed Landscape Professional (CLP) PLANET, members openly share best practices and new exam. Seventeen students to date have passed the complete ideas, and this new Trailblazer program will encourage exam, which gives them a leg up on competition for jobs educators to do the same. It’s a win, win, win for PLANET, right out of school. schools, and the green industry.” y

8 PLANET News September 2008 DOWN TO BUSINESS

Selecting safer subcontractors

CNA and the PLANET Safety and Risk Management OSHA Log Form 300 Committee are proud to provide you with this information. We trust that you will fi nd it useful in understanding the This form identifi es recordable injuries and illnesses over insurance and risk management issues associated with your a calendar year. This data can be used to calculate incidence business. rates (total cases, lost workday cases, and lost workdays) to determine whether the subcontractor is below or above industry averages. The applicable industry average can be andcare professionals are responsible for the entire obtained through the Bureau of Labor Statistics (BLS). scope of work under their contract with the general L contractor or owner. Landcare professionals may Incident Rate = [(number injuries and illnesses) X be held liable for bodily injury or property damage from (200,000)] divided by (employee hours worked) any operations associated with the scope of work (including The landcare professional should request their subcon- damage or injury to third parties caused by subcontractors). tractor’s OSHA Logs from the past three years. Consequently, the landcare professional must diligently manage their subcontractors at each and every job site. Evaluation of safety program Safety is a very important qualifying element when selecting a subcontractor. Landcare professionals have good A formal evaluation of the subcontractor’s safety program reason to prevent unsafe subcontractors from working on will help to determine their commitment to safety, loss pre- their projects because they can adversely affect schedules, vention, and safety management. costs, and result in injury or death and the potential loss of • A written safety program should be industry-specifi c to future contracts. Following are some safety-related criteria help identify and evaluate exposures and the controls you should consider when choosing a subcontractor. Apply associated with the subcontractor’s operations. them in a practical manner. • The subcontractor should develop written site-specifi c safety plans for each job. Workers’ Compensation Experience • Superintendents should be held accountable for the Modifi cation Rate (EMR) number of accidents, injuries, and claim costs on their projects. The EMR is an insurance rating mechanism that provides • Safety meetings should be held on a regular basis with a quick analysis of a subcontractor’s past accident and/or documentation of the topics discussed, the names of injury experience. The EMR is the ratio of a company’s actual those present, and a review of past accidents and inju- workers’ compensation insurance losses for its type of work ries with lessons learned. during a rolling three-year period compared to expected • The subcontractor should conduct job site safety audits losses for comparable contractor’s in the same class or trade. on a regular basis. These include documented defi cien- The three-year rolling average does not include the most cies and corrective action taken or to be taken along recent year’s record. This is a valuable tool for screening with time frames. companies with a large workforce. • Subcontractors should provide safety education and EMR = actual losses divided by expected losses training for all employees, including new employees with proper documentation of such. An EMR of less than one is desirable because it may • Find out if the subcontractor has received any OSHA indicate fewer past accidents and injuries and/or past acci- citations in the past three years. The inquiry should dents and injuries of a less severe nature. A subcontracting include the reasons for any citations, the corrective fi rm with an EMR above one may indicate the opposite and action taken, and information on the fi nes. should be carefully scrutinized before hiring. Based on the above considerations, each landcare pro- The EMR for workers’ compensation insurance is fessional should establish their own criteria for evaluating probably the single most reliable measure of past safety per- subcontractors during the selection process. formance and is the most diffi cult to manipulate because Following is a sample Contractor Safety Evaluation Pre- they are calculated by various governing agencies, such as qualifi cation Questionnaire that you may want to modify to the National Council on Compensation Insurance (NCCI), fi t your specifi c situation. based on payroll and premium data reported from the subcontractor’s insurance carrier. continued on page 10

September 2008 PLANET News 9 DOWN TO BUSINESS

Contractor Safety Evaluation Pre-Qualiﬁ cation Questionnaire

1. List your company’s Experience Modiﬁ cation Rate (EMR) for the past three years: (Please add the last digit for each year and its EMR).

Year: EMR: Year: EMR: Year: EMR:

2. List the following OSHA Log Information for the past three years:

OSHA Log Information Year: Year: Year:

Total Recordable

Lost Work Days Cases

Lost Work Days

Total Employee Hours Worked

Number of Fatalities

3. Do you have a written Safety Program? Yes No

4. Do you have a full time Safety Director? Yes No

If not, who is in charge of safety and to what extent?

5. Do you conduct job site audits? Yes No

By whom? How often?

Is this documented? Yes No

6. Do you hold “Tool Box Talks” for employees? Yes No

How often?

Is this documented? Yes No

10 PLANET News September 2008 DOWN TO BUSINESS

7. Do you have an orientation program for new hires? Yes No

If yes, what does this include?

8. Do you have a training program for new or newly promoted managers/supervisors? Yes No

If yes, what does this include?

9. Do you have trained “Competent Persons” in the following areas?

a. Fall Protection Yes No b. Excavation Yes No c. Electric Yes No

10. Has OSHA cited you in the past three years? Yes No

If yes, explain in detail (Add more pages if necessary):

Since 1983, CNA has partnered with PLANET to provide a business insurance program that offers comprehensive risk control (safety) services, expert claim handling and property/liability insurance coverages designed specifi cally for landcare professionals. So when your business is insured with the CNA/PLANET program, you’ll have peace of mind knowing it’s a program your association helped develop. Give us an opportunity to earn your business — ask your insurance agent to obtain a quote from CNA and discover how you can benefi t from this partnership. For more information, contact your local independent agent or visit www.cna.com. One or more of the CNA companies provide the products and/or services described. The information is intended to present a general overview for illustrative purposes only. It is not intended to constitute a binding contract. Please remember that only the relevant insurance policy can provide the actual terms, coverages, amounts, conditions and exclusions for an insured. All products and services may not be available in all states and may be subject to change without notice. Use of the term “partnership” and/or “partner” should not be construed to represent a legally binding partnership. CNA is a service mark registered with the United States Patent and Trademark Offi ce. Copyright © 2008 CNA. All rights reserved. Publication date: June 2008

September 2008 PLANET News 11 STATE PARTNER PERSPECTIVE

Recycling program yields big results

By Bob Fitch, Executive Director, Minnesota Nursery & has progressed, greater concern has arisen from contamina- Landscape Association tion from metals (one load had a hammer in it that damaged the plastic grinder that embers of the Minnesota Nursery & Landscape halted production for Association (MNLA) continue to make a positive two days) and rocks that M environmental difference in a plastics recycling can also cause signiﬁ cant program. Now in its third year, MNLA members at both the damage to the process- wholesale and retail level are taking plastic plant pots and ing machinery. Quality trays back from consumers and landscape contractors. Seven control by collection wholesale nurseries or rewholesale distributors are collecting sites is a challenge that from landscape contractors, and 43 garden center sites are must be addressed for collecting from consumers. In 2006, 100,000 pounds of plas- the long-term viability of tic was collected. That total exploded in 2007 — more than the program. 1.8 million pounds was collected. And the program is on pace In addition to plastic to surpass that in 2008. plant pots and trays, Member and consumer enthusiasm for the program has AGSI also recycles green- been unbelievable. The other key to success in 2007 and house poly and irrigation 2008 has been AGSI Recycling, a Savage, Minnesota-based plastics. Former MNLA company that processes the material. The rapidly expanding Education Director Worker grinds plastic plant pots company is working to become the key player in horticul- Meaghan Phelan is now as part of MNLA Horticulture tural and agricultural plastics recycling in the north central the policy and commu- Recycling program. U.S. Other recyclers have typically stayed away from horti- nications manager for culture and agriculture plastics because of the high level of AGSI. If you have questions about the program, contact her contamination, primarily from soil. However, as the program at (612) 481-3604 or [email protected] y

YOU CAN’T DENY THE DNA.

©2008 Caterpillar Inc. All rights reserved. CAT, CATERPILLAR, their respective logos, “Caterpillar Yellow” and the POWER EDGE trade dress, as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. NEWS FROM PLANET

Balancing life, work, and health xecutive Magic: The Balance of Life, Work & Health executive needs to understand and focus on in order to build is the focus of the 2009 Executive Forum, which an organization that’s “best of class,” and Smith’s will focus will take place February 19–22, 2009, at Disney’s on the tools to improve your mental and physical fi tness. E ® Beach Club Resort, Walt Disney World Resort. The event is For more information about the 2009 Executive Forum, designed to help executives become effective, inspirational visit LandcareNetwork.org or call the PLANET offi ce at (800) leaders. 395-2522. y From noted educator and world champion athlete Murray Banks, who has personalized presentations about performance for a number of Fortune 500 companies, Forum attendees will learn that “who we are may be as important as what we know!” Banks skillfully draws the audience into his presentation, which is always fi lled with humor and stories that connect work performance to personal lives. The line up of Forum speakers also includes Bill Arman, founder and head harvester of The Harvest Group, a landscape business consulting company; and Scott Smith, an advanced certifi ed personal trainer, AFFA Group Fitness Instructor, clinical hypnotherapist, and founder of MotivationToMove.com, a popular health, fi tness, and motivation Web site. Arman’s workshop, entitled “Lessons

From the Garden,” will cover the most important areas an © Disney

Executive Forum • February 19–22, 2009 • Disney’s Beach Club Resort, Walt Disney World® Resort

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CAT . COM / LANDSCAPING | 1-800-RENT-CAT | 1-888-OWN-A-CAT NEWS FROM PLANET

Making a good thing even better

LANET ‘s premier Green industry Conference (GIC), held in Green Industry Conference P conjunction with the expansive October 22–25, 2008 GIE+EXPO green industry trade show, Louisville Marriott Downtown/ will be offering several new and excit- Kentucky Expo Center ing features in addition to the many Louisville, Kentucky popular offerings of past GIC events. Check out what’s new this year: • Exhibit Hall Learning Center. Watch live demonstrations on the GIE+EXPO show fl oor — an interactive opportunity to some of the industry’s most great review being offered if you’re observe how-to applications seasoned minds your most chal- planning to test on Saturday. and experience valuable train- lenging questions! (Thursday: • Green/sustainability ses- ing. Don’t miss demos from the Lawn Care; Friday: Landscape sions. Find out more about Ariens Company, Caterpillar Inc., Management; Saturday: Design/ the sustainability movement, Cub Cadet Commercial, The Build/Installation) how sustainability can be Davey Tree Expert Company, • A new certifi cation track. CLP implemented into a landscape John Deere, STIHL Inc., and certifi cation review sessions will management operation, why Vermeer Corporation. be interspersed throughout the water conservation and har- • Ask the Experts. Come by conference schedule instead of vesting methods are practical PLANET booth #4116 and ask being offered in one session. A defenses against drought, and how xeriscaping can help alle- viate the strain on a precious natural resource — water. “GIC is the best educational and networking event the industry has to offer,” says GIC Subcommittee Chair Bob Grover, CLP, CLT, of Pacifi c Landscape Management. “When combined with GIE+EXPO, the largest lawn and garden equipment show in North America, it makes a very attractive venue for landscape contractors, lawn care operators, and just about anyone affi liated with our industry.” For more information about GIC and to register, call the PLANET offi ce at (800) 395-2522 or visit GreenIndustryConference.org. y

Green Industry Conference attendance qualiﬁ es for two education points toward renewing your PLANET certiﬁ cation.

Platinum Sponsor:

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14 PLANET News September 2008 ®

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shindaiwa.com NEWS FROM PLANET

PLANET names Business Champion of the Year

nited States Rep. Bart Stupak that is beneﬁ cial to the green industry. (D-Mich.) is the recipient He also is a founding member of the Uof PLANET’s 2008 Business U.S. House Water Caucus. Champion of the Year Award. The “Thank you for this award and for honor was bestowed on Stupak for his recognizing not just my work, but the leadership and overall understanding work we have done together on issues of the needs of American business in important to your small businesses and sponsoring commonsense legislation so many others across my district and such as the H-2B guest worker program the country,” says Stupak. “Not only

U.S. Rep. Bart Stupak (D-Mich.) proudly displays his PLANET Business Champion of the Year Award.

do I appreciate the work PLANET does here in Washington, but also the work done at the grassroots level by members all across the country on issues important to all of us. I look forward to continuing to work together in the coming weeks, months, and years to further our common goals.” The award was announced at PLANET’s recent Legislative Day on the Hill event in Washington, D.C. For more information about the award, contact Tom Delaney at (800) 395-2522 or e-mail tomdelaney@ landcarenetwork.org. y

“ I look forward to continuing to work together in the coming weeks, months, and years to further our common goals.”

16 PLANET News September 2008 ONE LEAN MACHINE. ADD EFFICIENCY TO YOUR JOBSITE WITH THE VERMEER® COMPACT UTILITY LOADER.

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Additional resources added to online safety page

LANET is an avid proponent of recognizes safety workplace To access this information, visit the safety in the workplace, so it is achievements. Safety Page in the Programs section at P pleased to announce enhance- • OSHA Alliance — a PLANET/ LandcareNetwork.org. y ments to its online safety page. The OSHA alliance to connect green following resources can be found on industry businesses with valuable the page: resources for the promotion of • Safety Tip of the Week — a new safety throughout the industry. Students receive feature that provides safe prac- • The OSHA Challenge — a new tice tips on a weekly basis. feature that offers public sector free PLANET • Safety Publications — quick links organizations an opportunity to membership to the PLANET Bookstore, con- develop or improve their safety taining various books, DVDs, and and health management system n keeping with one of CDs designed to help keep work- in a nonthreatening, proactive PLANET’s strategic goals — ers safe. manner. to grow the green industry • CNA Insurance bulletins — safety I • STARS Safe Company Program workforce — PLANET is providing — a free safety initiative that topic information such as risk students who register and partici- provides companies with the transfer techniques, practical tips pate at the 2009 PLANET Student resources to develop a top-notch to control workers’ compensa- Career Days, are members of safety program. tion costs, and fi ghting fraud in a school’s PLANET Student • Safety Recognition Awards workers’ compensation insur- Chapter, or are students at a Program — a program that ance, to name a few. PLANET-accredited school with a one-year complimentary PLANET e-student membership. Currently, there are 565 student members, 74 student chapter members, and 25 PLANET-accredited schools. Among the benefi ts of an e-student membership is free attendance at PLANET’s premier Green Industry Conference (GIC) and GIE+EXPO, October 22–25, 2008, in Louisville, Kentucky. Attendance at this event includes education sessions, networking venues, a huge trade show fl oor with cutting-edge industry products and services, and participation in the Student/ Employer Roundtable Recruiting Session. Introducing students to the industry through PLANET membership will increase their enthusiasm for the industry and their future. For more information about other e-student membership benefi ts, contact Membership Manager Gail Rogers at (800) 395-2522 or visit LandcareNetwork.org. y

18 PLANET News September 2008 Early applications make for a carefree spring.

As the longest-lasting pre-emergence weed control available, Barricade® herbicide takes the worry out of spring. Even fall applications can withstand snow and heavy spring rains. We’re so conﬁdent Barricade will remain in the soil ready to control crabgrass that we guarantee against breakthroughs. See details and sign up at www.BarricadeGuarantee.com. Contact your distributor and order now for the best value of the season.

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©2008 Syngenta. Syngenta Professional Products, Greensboro, NC 27419. Important: Always read and follow label instructions before buying or using this product. Barricade® and the Syngenta logo are trademarks of a Syngenta Group Company. MEMBERS MATTER

Member headlines Joyce Landscaping earns for its completely redesigned Web premier residential/commercial tree business award site at ballhort.com in the category service organizations. This transaction of Web site — Product Advertising in is Davey’s thirteenth acquisition in Marstons Mills, Massachusetts- the 2008 annual American Business the past two years. It follows Davey’s based Joyce Landscaping received the AwardsSM. More than 2,500 entries from March 2008 acquisition of the assets Cape Cod chamber of Commerce’s companies of all sizes and in virtu- of Wolf Tree Experts, Inc., a Knoxville, 2008 Business Excellence Award for ally every industry were submitted for Tennessee-based utility tree trim- service companies. Founder and owner consideration. Ball joins a diverse list ming company with 700 employees, a Christopher Joyce was honored for his of prominent organizations that have 13-state service area, and annualized “on ongoing dedication to local job also won the Stevie Award, including revenues of over $40 million. creation, community involvement, Eastman Kodak Co., FedEx Kinko’s, and public service,” the Chamber and the Philadelphia Eagles. Aquascapes joins ranks of announced during its recent awards Chicago’s largest privately ceremony. PLANET members team up held companies Ball Web site wins The Davey Tree Expert Company, Aquascape, Inc., of St. Charles, prestigious award North America’s original and larg- Illinois, was added to Crain’s 2008 List est residential tree care company, of Chicago’s Largest Privately Held Ball Horticultural Co. of West has merged with The Care of Trees, Companies. With annual sales top- ® Chicago, Illinois, won a Stevie Award Inc., one of the nation’s top three ping $58 million in 2007, the company appeared at number 316 on the April 2008 list in Crain’s Chicago Business, a regional business newspaper. The Impact of rising fuel costs recent addition to Crain’s list is another accomplishment for the 17-year-old PLANET members are being hit hard by rising gas water feature company that appeared prices. To capture the sweeping changes that businesses four times on the Inc. 500 List of Fastest are implementing to address these higher fuel costs, Growing Privately Held Companies PLANET surveyed its members and received the following from 1999 to 2002, and earned results: LEED® (Leadership in Energy and • 31 percent are raising prices to cover the increases in Environmental Design) certiﬁ cation for fuel prices its company headquarters in 2006. • 38 percent have raised prices slightly to offset some of the expenses Massachusetts association • 21 percent are considering raising prices members approve name • 10 percent are not considering any price changes change For those who raised their prices: The board of directors of ALCM (Associated Landscape Contractors of • 64 percent implemented a direct price increase Massachusetts) announced the organi- across the board (the majority of those respondents zation’s name has been changed to the said the price increase was less than 10 percent) Massachusetts Association of Landscape • 36 percent added an energy surcharge to invoices E-SURVEY RESULTS Professionals (MLP). The association’s (there was not a majority consensus on the amount members approved the name change by of the surcharge) an overwhelming majority via a special For those who did not raise their prices: ballot this summer. The association name change is • 64 percent were cutting back in other ways (the the result of three years of marketing majority of respondents said they were keeping a research conducted both inside and close eye on purchases) and 36 percent were not outside of the industry. y cutting back. y

20 PLANET News September 2008

Service and advocacy Green industry makes its presence known in nation’s capital

welve years after the fi rst Renewal & Remembrance service project, hundreds of landscape and lawn T care specialists continue to dedicate manpower, equipment, and supplies to enhance the beauty of Arlington National and Historic Congressional cemeteries. On July 21, 2008, approximately 400 individuals from around the country spent the day mulching, caring for trees, pruning, lim- ing, planting, aerating, and providing other services at these historic landmarks. There were also many fi rst-time participants like Rick Smith of Tolles Career and Technical Center in Plain City, Ohio, who brought several FFA students. The following day, many of the participants left their shovels, rakes, and spreaders behind while they huddled with their congressional representatives and voiced their concerns about key industry issues. Despite the economic crunch that many businesses are feeling, the turnout for this year’s annual day of service brought in a crowd of hard-working enthusiasts that was larger than in years past. “There are defi - nitely companies in this industry that are The Renewal & Remembrance day of service started at Arlington National feeling the crunch from a lack of workers, Cemetery with a dedication ceremony that included a joint color guard. increased gasoline prices, and other economic pressures,” says Tom Shotzbarger, CLP, CLT, COLP, CTP, CTP-CSL, chairman of the event. Still, this opportunity to give back to the many Americans who have served our country is too great for these companies to pass up.” Over the years, this award-winning event has grown to include more and more PLANET members and their families, as well as company employees. In fact, there were special children’s projects for the children in attendance. Children and grandchildren of attendees planted fl owers in key locations at Arlington National Cemetery and participated in laying a wreath at the Tomb of the Unknown Soldier. The Monday morning event began with a dedication ceremony that included welcome remarks from Jack Metzler, Superintendent of Arlington National Cemetery and guest speaker, U.S. Rep. Mark Steven Kirk (R-Ill). Children at Renewal & Remembrance participated in laying a wreath at the continued on page 27 Tomb of the Unknown Soldier.

Despite the economic crunch that many businesses are feeling, the turnout for this year’s annual day of service brought in a crowd of hard-working enthusiasts that was larger than in years past. A member of the Green Lawn Fertilizing crew carefully maneuvers between the rows of headstones. Renewal & R participating

A Plus Lawn and Hoedown Gardening & Landscape, Inc. Landscaping, Inc. AEC/NJGIC Illinois Landscape Alliance for Environmental Contractors Association Concerns (AEC) (ILCA) Arborlawn, Inc. John Deere Worldwide Association of Montana Commercial & Turf, Ornamental & Pest Consumer Equipment Professionals Kichler Landscape Lighting Buckingham Greenery, Inc. Landscape Concepts Carroll College Management, Inc. PLANET President Jason Cupp, CLP, is interviewed by a Fox Designia, Inc. Landscape Success Systems News reporter. Dowco Enterprises, Inc. Lawn & Landscape Media Fallowﬁ eld Landscape Group Farmside Landscape & Lawn Doctor, Inc. Design Lawn Doctor, Colorado Flourish! Lawn & Springs Landscape MAGICouncil Fox Run Nurseries, Inc. Mountaineer Lawn Gardens By Hilary, Inc. Care, Inc. Georgia Irrigation Moyer & Son, Inc. Association, Inc. MRW Lawns, Inc. Grasshopper Lawns, Inc. Nature’s Select Premium Grayson South, LLC Turf Service, Inc. Green Lawn Fertilizing, Inc. New Desert Gallery, Inc. Greener By Design Nufarm Turf & Specialty ISS Grounds Control, Inc., Ohio Landscape Phoenix Association, Inc. GrowinGreen Ohio Lawn Care Hemlocks Landscaping Association Herbi-Systems, Inc. Outside Unlimited, Inc. A colorful rose bed creates a beautiful setting at Arlington Highland Outdoor National Cemetery. A volunteer carefully performs work on a large tree at Remembrance Arlington National Cemetery. g companies

Peabody Landscape Total Landscape Care Group, Inc. TruGreen ChemLawn, D.C. Professional Grounds, Inc. West Pro-Lawn-Plus, Inc. TruGreen ChemLawn, Mid- Questex Media Atlantic Region Ofﬁ ce Rocco Fiore & Sons, Inc. TruGreen Companies, Scheibe & Scheibe LL-Corporate Landscape Headquarters Contractors, Inc. Turfscape, Inc., Ohio Scott Byron & Co., Inc. Turftenders Landscape Second Nature Lawn Care Services, Inc. Shindaiwa, Inc. Tyler’s Landscaping Southern Agricultural Service, Inc. Sposato Landscape Co., U.S. Lawns of West and St. Moyer & Son employees team up to load a spreader. Inc. Charles County Spring-Green Lawn Care Utopian Landscapes Corp. Weed Man/Lake County Sunrise Lawn/Landscaping Weed Man/Winchester Services, Inc. Weisburg Landscape Superscape Landscape Maintenance Management Corp. Wheeler Landscaping, Inc. The Care of Trees Wisconsin Landscape The Irrigation Association Contractors Association Tierney Communications (WLCA) Todd’s Enviroscapes, Your Lawn, Inc. Inc. & Green Industry Innovators And any other companies Tolles Career & Technical who helped on-site in any Center way. Tomlinson Bomberger Lawn Care & Landscape, Inc. The grounds of Historic Congressional Cemetery were also spruced up during Renewal & Remembrance. Doug Obermann of PBI- Gordon Corp. poses with U.S. Rep. Jo Ann Emerson (R-Mo.), Missouri’s 8th District representative.

The Illinois delegation met with their representative, Rep. Judy Biggert (R-Ill.) (center).

Jason Cupp, CLP, of Highland Outdoor (left), and Mark your calendar for next Maurice Dowell, year’s Legislative Day on the CLP, of Dowco share some down- Hill and Renewal & Remembrance time on Capitol Hill. events, which will be held July 12–14, 2009. Service and advocacy continued from page 22 our industry.” He goes on to explain that too often individuals unfamiliar with the legislative process become intimidated Legislative Day on the Hill by the Washington landscape. He emphasizes that the process is virtually the same at all levels of government, as is the After the Renewal & Remembrance activities concluded in the importance of keeping elected ofﬁ cials informed about what’s afternoon, Fred Barnes, a veteran political reporter and com- happening in the green industry. mentator, gave PLANET members his invaluable insight about PLANET Director of Government Affairs Tom Delaney the many changes affecting the nation’s political landscape. reemphasizes how important this event is to PLANET mem- They were then briefed on key industry issues, including health bers and the green industry. “Even though PLANET has a care reform, the H-2B guest worker program, and water con- lobbying presence on Capitol Hill and a Political Action cerns, in preparation for their appointments on the Hill. Committee (PAC), when it comes to getting the attention of “I’m a big believer in political advocacy,” relates John legislators, nothing replaces the power of a vote.” He adds, Buechner, Legislative Days Subcommittee chairman. “The idea “Legislative Day on the Hill gives attendees an opportunity to is to meet with congressional representatives and their aids talk with their legislators and staff members about issues that to not only discuss key issues, but also to educate them about directly impact their businesses.” y

A special thanks to these companies for their support

PLATINUM SPONSORS

GOLD SPONSORS Dow AgroSciences, LLC John Deere IMERYS Nufarm Turf & Specialty SILVER SPONSORS BASF Corporation Project EverGreen

BRONZE SPONSORS The Andersons, Inc. J. Thomas Federation of Employers and Workers of PBI/Gordon Corporation America (FEWA) Shindaiwa Inc. Helena Chemical Co.

HAT SPONSOR John Deere

LUNCH AND REFRESH- Bayer Environmental Science MENT SPONSOR

WELCOME RECEPTION EverGreen Software by Marathon Data Systems SPONSOR

IN-KIND Allentuck Landscaping Co. Gaithersburg Tractor Nematec American Arborists Husqvarna New Holland Construction CONTRIBUTORS Supplies IMERYS PBI/Gordon Corp. Angelica Nurseries Include Software Rentals Unlimited Babikow Nursery Irrigation Association SavaTree/SavaLawn, Bartlett Tree Experts J. Thomas Northern Virginia & Bayer Environmental J.K. Enterprise, Inc. Washington, D.C. Science Jake Klintec Seago International, Inc. Bobcat John Deere Shemin Nurseries C & S Turf Care Equipment, John Deere Landscapes/ Southern Sprinkler Systems Inc. LESCO STIHL Inc. Country Springs Nursery Joshua Tree Takoma Tree Experts, Inc. Cub Cadet Commercial Landscape Pros The Care of Trees Dow AgroSciences, LLC Manor View Nursery The Davey Tree Expert Co. Environmental MTD Products TURFCO Manufacturing, Management, Inc. Mulch Mule By Green Inc. Fehr Bros. Industries, Inc. Industry Innovators Vermeer Corp.

September 2008 PLANET News 27 MEMBERS MATTER

Welcome to new members As the nation’s leading associa- Green Industry Service Bozeman Tree Service, Inc. tion of green industry professionals, Providers Jeff Pfeil PLANET is dedicated to providing Bozeman, MT Advantage Lawn Care & Landscaping members with extensive education James Linton BRICKMAN and training resources, a comprehen- Nelsonia, VA Dave McKiernan sive national certiﬁ cation program, a Bound Brook, NJ Avalon Landscapes, Inc. voice in legislative affairs, national and BRICKMAN regional networking events, access to Thad Cork Boise, ID Sean Kelly industry consultants, and many other South Plainﬁ eld, NJ money-saving member programs. Bass Property Maintenance, Inc. Carrington Lawn Care, LLC A warm welcome to these newest James Bass West Palm Beach, FL Sean Carrington members of the PLANET family. Middleton, WI Bellissimo Landcare Experts Sean Knapik Claude’s Lawn Care North Las Vegas, NV Anthony Claude Portsmouth, VA

PLANET AEF — Supporting future leaders of the green industry

Every Contribution AMBASSADORS Makes a Difference PLATINUM Ron and Sara Damgaard* Scott Byron & Co., Inc.* Since its inception, the PLANET Academic INDIVIDUALS Excellence Foundation (AEF) has funded Richard and Peggy Akerman* Bruce and Cammie Hunt* educational excellence by awarding William and Caroline Braid Glenn and Melissa Jacobsen scholar ships to students of the green Friends and Family/ Ron and Sally Kujawa* Phil Christian Memorial Tom and Carol Lied Scholarship Fund industry. Through the generous support of individual landscape David and Julie Luse* Jack and Georgia Dirksing contractors, industry suppliers, and other landscape and lawn Shirley B. Mangum Family* Rick and Peggy Doesburg* David and Terri Minor* Tom Fochtman and Jesus (Chuy) care professionals, the PLANET AEF has recognized students who Victor and Eric Moore* Medrano excel in the landscape contracting and lawn care profession and Bill and Mary Murdy* Steve and Beverly Glover* Dick and Suzanne Ott* has made a signiﬁ cant investment in the industry’s future. Mike Glowacki* Ed and Carol Sinnott* Debra Holder and Family Please Support Our Industry’s Foundation Harry Vignocchi and Family* COMPANIES The Ariens Co. HighGrove Partners BRICKMAN* Hunter Industries* “The green industry has been so reward- The Bruce Co. of Wisconsin, Inc. Husqvarna* ing to me. I would like to share that Chapel Valley Landscape, The Reeve James Martin Associates Family* and The James Martin Family experience by encouraging others to The Davey Tree Expert Co., John Deere* Commercial Grounds Management Mariani Landscape* choose this industry for their careers. Division R.P. Marzilli and Co. David J. Frank Landscape I can’t think of a better way to give back OneSource Landscape & Golf* Contracting, Inc. The Pattie Group, Inc. than with a contribution to PLANET AEF. Dennis’ Seven Dees Landscaping Sousa’s Landscape Management Co., Five Seasons Landscape Management I enthusiastically encourage everyone to consider Ltd., and the Sousa Family Gachina Landscape Management and STIHL, Inc.* The Gachina Family giving to the Foundation and, when the time is right for Stiles Landscape Co. GroundMasters, Inc. Toro/Exmark* you, become an ambassador. It is such a great cause!” Hemlocks Landscaping TruGreen-LandCare* David Snodgrass, CLP *Founding Ambassadors Dennis’ Seven Dees Landscaping Portland, Oregon LandcareNetwork.org • (800) 395-2522

28 PLANET News September 2008 MEMBERS MATTER

Flourish! Lawn & Landscape New Leaf Landscape Construction Suppliers Dennis Walsh Kevin Francis Gahanna, OH Mt. Pleasant, SC Advanced Technical Training Network, LLC G & S Services Pyramid Landscaping & Development Brian Gardner Chris Graupman Theodore Young Huntersville, NC Waukegan, IL Upper Marlboro, MD Agrium Advanced Technologies Going Green Landscapes & Lawn Care RTA Landscaping, Inc. Bryan Gooch Joe Chiavaroli Ryan Adkinson Sylacauga, AL Powell, OH Garnet Valley, PA Dow AgroSciences, LLC Green Earth Landscaping, Inc. Scotts LawnService – Detroit/Wixom Patrick Bell Edward Dubisz Jesse Moon Orlando, FL Monroe, NC Wixom, MI Dow AgroSciences, LLC Green Scapes By Design, LLC Scotts LawnService – Long Island Melissa Kintop Clark Ragsdale (HUB) Brookﬁ eld, WI Leesburg, VA Peter Pirro West Babylon, NY Dow AgroSciences, LLC Interstate Irrigation & Lighting Bruce Kidd Kenneth Gordon Scotts LawnService – Valley Cottage/ Murrieta, CA Burke, VA Westchester Scott McKay Dow AgroSciences, LLC Landscape Solutions Valley Cottage, NY Andy Kaler Reese Haley Dublin, OH Brunswick, GA Sideline Property Management Clifford Nelson Dow AgroSciences, LLC Lawn Jockey, Inc. Dayton, OH Greg Fletcher Tory Chlanda Indianapolis, IN Hadley, MA Triple Play Lawn Care, LLC Jeff Blackstone Dow AgroSciences, LLC Legacy Scapes, Inc. Sebastian, FL Scott Eicher Shane Smith, CLT Charlotte, NC Winder, GA Windmill Services, LLC Peter Hellman Dow AgroSciences, LLC Lifestyle Landscape Group, LLC Elgin, SC Roman Dycus Stan Null Kaneohe, HI Slidell, LA Wood Landscapes, Inc. George Futterknecht Dow AgroSciences, LLC Live Green Landscape Associates, LLC Closter, NJ Mike Lind Michael Martin Roswell, GA Reisterstown, MD Mac’s Property Management Services Eliazar Arebalo continued on page 30 Wauconda, IL

September 2008 PLANET News 29 MEMBERS MATTER

STARS SAFE COMPANY PROGRAM

The STARS Safe Company Program documenting every job-related injury, incident, or acci- is a free safety program developed dent. Members also are asked to participate in PLANET’s by PLANET to assist green industry Safety Recognition Awards Program, comply with all companies in their efforts to lower OSHA postings and other regulatory requirements, share their total costs of risk by reducing best practices with fellow STARS members, and encourage hazards and injuries. All green industry service provider other companies to become STARS members. com panies are invited to become STARS members. New STARS members How can I become a STARS member? Avalon Landscapes, Inc., Boise, ID The program asks participants to sign the STARS Safe Meadowbrook Acres Maintenance, Brighton, MI Company Pledge that commits them to join in the mission New Castle Lawn & Landscape, Inc., Mohnton, PA of moving the entire green industry toward safety excel- NW Landscape By Design, LLC, Auburn, WA lence through active involvement, sharing experiences, and becoming a mentor for “living safety.” STARS mem- Need more information? bers also commit to developing a strong safety program For more information about the STARS program, by using the Safety Program for Green Industry Companies please visit LandcareNetwork.org, contact Ilene Manster CD as a guideline, taking an active role in promoting at [email protected], or call PLANET at safety throughout their companies, and investigating and (800) 395-2522. y

Sponsored by

New members Dow AgroSciences, LLC Dow AgroSciences, LLC Scott Potter Janet Rowley continued from page 29 Lake Saint Louis, MO Tucson, AZ Dow AgroSciences, LLC Dow AgroSciences, LLC Dow AgroSciences, LLC Saumya Verma Keith Kohlmann Brian Dockery Alexandria, VA Carmel, IN Dallas, TX Dow AgroSciences, LLC Dow AgroSciences, LLC Dow AgroSciences, LLC Mark Urbanowski Fred Pretzer Ryan Messner Indianapolis, IN Flower Mound, TX Tampa, FL Dow AgroSciences, LLC Dow AgroSciences, LLC Dow AgroSciences, LLC Justin Stewart Beth Whitehouse Kerry Avirett Hendersonville, TN Madison, WI West Columbia, TX Dow AgroSciences, LLC Dow AgroSciences, LLC Dow AgroSciences, LLC Bob Scott Mark Neterer Vince Aguiar Wilton, NY Indianapolis, IN Tempe, AZ Dow AgroSciences, LLC Dow AgroSciences, LLC Dow AgroSciences, LLC Cherrief Murray Dave Morris Marney Dorsey Belcamp, MD Indianapolis, IN Aston, PA Dow AgroSciences, LLC Linda Satter Newnan, GA

30 PLANET News September 2008 MEMBERS MATTER

Dow AgroSciences, LLC Lebanon Turf Aaron Martinez Rick Miller Mike Sisti Willow Brook Country Club Folsom, CA Lebanon, PA Tyler, TX Dow AgroSciences, LLC The Green Solution William Mitchell Bill Miller Alex Loosbrock University of Massachusetts – Amherst Pendleton, OR Minneapolis, MN Amherst, MA Dow AgroSciences, LLC Afﬁ liates Norman E. Ruano Beau Miller Harry S. Truman College Sacramento, CA Kathy Blecha Business & Industry Schenck Job Corp. Chicago, IL Dow AgroSciences, LLC Pisgah Forest, NC Raymond Miller Eugene Wisniewski Fort Worth, TX Jules Bruck Naugatuck Valley Community College University of Delaware Waterbury, CT Dow AgroSciences, LLC Newark, DE Chuck Millard Students Mooresville, NC Kelsey Crandall Valley Girl Property Services Shannon L. Carter Dow AgroSciences, LLC Salem, OR North Carolina State University John Price Marysville, OH Dr. Laura Deeter Cody Domenghini Ohio State University/ATI Kansas State University Fleetmatics Wooster, OH Brittany Staples Gary Manuel Wellesley, MA Kenneth Ingram Las Positas College University of Maryland Institute of Isuzu Commerical Truck of America Brian Q. Watters Applied Agriculture North Metro Technical College y Scott Bush University of Maryland Irvine, CA College Park, MD

THE PLANET PROMISE PLANET’s strategic direction addresses ﬁ ve critical goals that will advance our association and industry as our nation’s environmental stewards. To its members — those who create and maintain the QUALITY OF LIFE in communities across America — PLANET pledges to: ● Deliver unparalleled value to PLANET members. ● Grow the green industry workforce. ● Expand PLANET’s position as the partner of choice. ● Advance marketplace recognition. ● Inﬂ uence through proactive advocacy.

The association of members who create and maintain the QUALITY OF LIFE in communities across America.

September 2008 PLANET News 31 FROM THE HILL

Is it time for a national IPM standard for the lawn and landscape industry?

he term integrated pest management (IPM) has service visit when you tell them it been around for a long time. The majority of the is not necessary to put any prod- Tom Delaney public may not know what it is, but there is a great uct out? How many say, “I want T PLANET Director of deal of recognition among legislators and regulators in many an application made. I paid for Government Affairs states. The University Extension Services at the state land it”? Too many customers expect a grant colleges certainly have spent a good bit of time and ink weed-free lawn. Do many building owners and managers on the subject in the last few years. There are also several ask you to implement an IPM program? This request could IPM defi nitions, and even Congress put it in the national increase with the Building Owners and Managers Institute pesticide law several years ago. Some states have addressed International’s (BOMII’s) preparation of an IPM training it in school IPM requirements with little real coverage about program. Training managers to understand more of what to outside lawn and landscape implementation on school expect from an IPM program could result in the inclusion grounds and athletic fi elds. Some complain that states have of specifi cations in contracts or the use of IPM for in-house not enforced the school programs suffi ciently. application programs. Does our industry need to work on an IPM standard or PLANET is working on an IPM position. Following is part leave it up to other groups to do it for us? of that position: What is your IPM program? I would venture to say if Integrated Pest Management (IPM) is landscape I asked 10 companies about their IPM programs, there management that requires inputs in fi ve basic manage- would not be much consistency among the programs or ment areas: (1) fertilization, (2) irrigation, (3) mowing/ procedures. What part of a company’s program hinges on pruning and cultural, (4) plant selection, and (5) pest company policy, and what part on applicator training and control. Inputs in any one of the fi ve areas act to on site decisions? How many customers are accepting of a reduce or create needs in the other four areas. For

32 PLANET News September 2008 FROM THE HILL

example, fertilization may reduce pest problems, while and what the company has established as policy for control increasing the need for irrigation and mowing. or prevention of pests. Many training manuals list names of IPM balances all fi ve management practices to plants and pests, and the appropriate IPM control measures. minimize, not eliminate, the need for traditional It is important that an IPM program be credible and trust- pesticides. IPM is most successful when implemented worthy. For a fee, some programs have a third party verify by managers who understand and control the fairly through an audit if a participating company is following the complex interaction among the fi ve management areas established policy to keep creditability and trust high. There and who are able to monitor landscape conditions on a must be a written agreement or code of practice agreed to regular basis. IPM also requires a partnership between by the participating company. An important part of the code the landscape professional and the property owner would be to educate customers on what service or mainte- (i.e., replacing a pest-prone shrub with a pest-resistant nance you will provide and what they will do themselves in plant can eliminate the need for repeated pest control areas such as mowing, watering, or changing out the wrong applications but requires an investment beyond a nor- type of plant material. Customers could also be educated mal maintenance contract). about “reduced or relaxed” expectations as part of an IPM The success of IPM practices depends on expert program. knowledge of all factors that effect the healthy grow- We must practice due diligence and fi nd out if there are ing environment for turfgrasses and ornamentals. The programs in existence that may be good models to emulate. landscape professional typically has the necessary There is an IPM accreditation program in Canada, and it has knowledge and experience to properly employ IPM been very successful in preventing bylaws. Many golf course techniques. companies have accepted it. We need the help of forward-thinking members in What makes a national standard diffi cult is the diversity answering the question. Is it time for a national IPM standard of the pests and plants throughout the country. Also, many for the lawn and landscape industry? decisions are left up to trained applicators who analyze a Please e-mail [email protected] or call customer’s property and then make a decision based on (800) 395-2522 with comments and examples that might help what they see, what agreement was made with the customer, in this effort. y

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September 2008 PLANET News 33 SUCCESSCAPES

Plantique veteran still enjoys learning

ne evening every week, Michael McShane attends a Featured member O class at Penn State in pur- suit of an elusive Bachelor’s degree in Plantique, Inc. business administration. The effort is Allentown, Pennsylvania really a continuation of something he Michael McShane, started, but didn’t fi nish, more than 30 president and CEO years ago. “While I was in high school, I worked at Plantique during summer vacations,” he recalls. “After graduat- “My strong suit is crunching Entrepreneurial roots ing, I attended Boston University for a numbers, and I’ve always enjoyed year and then decided to take a year or marketing,” he adds. “With little or no One of McShane’s earliest men- two off and make some money. I guess formal education in any of these disci- tors was his father who attended Notre those were a long couple of years.” plines, I had to learn by experience and Dame, worked at IBM for two years, and As president and CEO and one by surrounding myself with great men- then owned and operated six Arby fran- of four partners at Allentown, tors. I’ve been very fortunate. chise locations in Allentown. “My dad’s Pennsylvania-based Plantique, “Individuals who want a career entrepreneurship and drive set the tone McShane holds himself up as the in the green industry can select one for me,” says McShane. “Early on, my Poster Child of Opportunity for new of two paths. One is by becoming goal was to one day work in my own employees. He started working full involved early on in the business and company. Today, I work in a great com- time in 1977 pulling weeds at the learning by gaining experience, and the pany with great employees. What we do company’s 16-acre nursery. Over the other is by going to school and receiv- is not only gratifying, it will last forever.” years, he moved up the career ladder ing a formal education. I chose the fi rst What Plantique does is primarily one rung at a time, from pulling weeds path.” Both are viable, he emphasizes, design/build work for high-end and working on a crew he advanced to noting that getting his degree at this residential customers, although its becoming a foreman and later an exca- late stage is directed more toward ful- service offering is changing to meet vation supervisor. After assuming other fi lling a personal goal than providing the times. Founded in 1948 as Better managerial positions, McShane even- growth opportunities for himself. In Homes Landscape Co., the small tually acquired stock in the company fact, half the fun, he notes, is providing family-owned business has grown into and now oversees the fi nancial, legal, a hands-on perspective to younger stu- a multimillion dollar operation with 15 marketing, and human resource side of dents in class. installation crews, a nursery staff, an its operation. excavation team, and several specialty service and maintenance divisions. McShane points to two recent moves that positioned the company for future growth. The fi rst occurred in 2002 when it acquired a local maintenance company, Forever Green Tree and Shrub. “Up to then, we were 100 percent design/build, and nearly all of our clients were homeowners,” he relates. “Acquiring a maintenance company gave us the opportunity to cross sell our service offerings. Forever Green also removes snow and that gave us a chance to keep more of our employees year-round.” Plantique has since leveraged the acquisition into offering full-blown

34 PLANET News September 2008 SUCCESSCAPES estate management services to two ability to apply up to 60 yards of mulch Opportunity knocks dozen of its highest-end residential a day. Our in-house proprietary esti- accounts. After a new installation is mating and accounting system has When asked about the impact of completed, customers can sign up for more than 5,000 line items and rates. today’s lagging economy on his opera- a year-round maintenance contract. We could have several estimators pre- tion, McShane says there is lemonade in Says McShane, “In addition to gener- pare a quote for the same property and those lemons. “The slowdown has given ating additional revenue for us, this each would be identical.” us an opportunity to shake the rug a saves our customers from having to do He goes on to explain that an bit. We’ve been able to weed out some business with six separate contractors, updated Web site is generating more weaker players and be selective with and it keeps us on their radar screen all good leads than ever before. The an infl ux of potential new talent on the year long.” company is also launching a blog that market. The economy has also cleared some of the playing fi eld. Being around the industry for 30 years, I’ve seen this “ Strong companies that have cycle before. Strong companies that have streamlined their operation will streamlined their operation will be in a be in a position to thrive when the position to thrive when the next boom next boom period hits within a year or two.” As he reiterates, there’s classroom period hits within a year or two.” learning and on-the-job experience. One cannot take the place of the other, y The second move involved a will allow team members to share and both have their place. restructuring of the company’s design/ interesting landscape projects, com- build division. With 15 installation pany news, and community service crews, the division was a bit unwieldy. projects with customers. Plantique is Order was established by breaking the also sending out six e-blasts a year, division into three subdivisions — Oak, each with timely, seasonal tips, and the Beach, and Maple. Each has its own company’s semiannual “paper” news- senior designer, a couple of junior letter has transitioned into a quarterly designers, along with a draftsman and e-newsletter. other design support people. On the “Our customers are changing,” construction side, the subdivisions McShane emphasizes. “They are savvy have a fi eld supervisor in charge of fi ve about technology, and they expect their installation crews, a foreman for each service suppliers to be equally savvy.” crew, and a couple of assistants. This entrepreneur says that joining “We essentially broke up the com- PLANET also added to his knowl- pany into three smaller companies,” edge base. He explains: “We joined McShane explains. “Since each sub- PLANET legacy group ALCA in 1995 division is its own profi t center, there is on the advice of our accountant. Our more accountability. The structure also company took advantage of the many creates advancement opportunities for business management resources, but individuals looking to grow within our I was mostly a ‘passive member’ until company.” the Executive Forum in Puerto Rico fi ve Forever Green Maintenance, with years ago. On the bus ride to the hotel, a tree crew, two lawn care crews, two I started talking with a contractor, and mowing crews, and a detail crew, before the meeting was over, I made at makes up another division. The com- least a dozen acquaintances.” pany also offers an “express mulch” The now-active member made up service. According to McShane, the for lost time. He began to network, large blower truck is an example of joined a committee or two, and is the how technology has played a key role chair of the Design/Build/Installation in Plantique’s growth. Specialty Group. “Members talk about “We’re always looking for new the value of getting involved and net- equipment and new technology. The working, and I couldn’t agree with big mulch truck, for example, has the them more,” he emphasizes.

September 2008 PLANET News 35 SPECIALTY GROUP FORUM

Collaboration creates innovation

aving been a member of the Jeff Korhan, CLP Design/Build/Installation True Nature, Inc. Specialty Group since its PLANET Design/Build/Installation H Specialty Group Member inception, I’ve watched it evolve with the changing needs of our association. Today, I’m a supplier member of the group, instead of a contractor/service If you aren’t working with other leaders provider as I was when I fi rst joined. Is in your community, your vendors, and this a radical change? Not at all. We’re all part of the same industry, and we’re your customers, then you are going to here together to collaborate and build our respective businesses. The ques- fi nd yourself left behind. tion really is how well are we doing this? and I enjoy speaking in front of an month during a horrendous thunder- Over the last few years, I have deliv- audience, which today happens to be storm and still managed to successfully ered several presentations as a service my profession. My role in those talks showcase his company to more than provider to dealers of more than one was to shed some light on how design/ 200 industry friends. So, what are you PLANET supplier member. This was build contractors make purchasing waiting for? Isn’t now a good time to something I was pleased to do because decisions. I did that and, in the pro- do this, when we’re treading water a bit these are my friends that were asking, cess, I also learned a great deal about until the economic picture brightens those dealers, and the products and up? services they represent. It was a valu- Not sold yet? I’ll say it again — col- able experience for me, and it gave laboration. This is the key to business me an idea. What if PLANET supplier in the future. Collaboration creates members threw open their doors more innovation. If you aren’t working with often to give service providers a per- other leaders in your community, sonalized view of their product lines your vendors, and your customers, and a chance to get fi rst-hand feed- then you are going to fi nd yourself back from their engineers and other left behind. After all, isn’t this one of company experts that have the history the keys to a greener, global environ- and details you can’t read about in a ment — everyone working together brochure? They could even partner for the common good? I’m convinced with speakers and educators like me that successful business models in the to impart practical business tips. This future will involve intensive collabora- could be a wonderful opportunity to tion. If you need an example, take a learn, as I did, as well as network with look at the new iPhone. Apple now has other PLANET members and enjoy thousands of designers and engineers some quality time away from the offi ce adapting their software applications with your team — for no more than to the iPhone, which they also offer travel costs. Of course, these types of up in other product applications to activities are happening now, but can the broader market. The old model of we do more? exclusivity is passé. Thanks to technol- There is no reason service providers ogy, the face of business is becoming can’t do the same. You or your peers more transparent. It has no choice, have probably staged an open house and neither do we. Where are your col- from time to time. I have hosted a few laborative opportunities? What better myself and attended many more than place to begin looking for these oppor- that, and I can honestly say I’ve not tunities than within an association witnessed a single failure. In fact, a col- of like-minded professionals, such as league here in Chicago, who specializes those of us here in PLANET? y in prairie restoration, hosted one last

36 PLANET News September 2008 GIC OCTOBER 22–25, 2008 THE LOUISVILLE MARRIOTT DOWNTOWN AND KENTUCKY EXPO CENTER LOUISVILLE, KENTUCKY

GREEN INDUSTRY CONFERENCE GO FOR THE GREEN For the second year in a row, PLANET will partner with the Outdoor Power Equipment Industry (OPEI) and the Professional Grounds Management Society (PGMS) to bring you unparalleled educational value and countless ways to connect with industry peers!

GO for the Education ... GO for the Demonstrations ... Over 70 educational sessions on Finance/ In one mega try-before-you-buy Business, Sales/Marketing, Human demonstration area — as large as 20 Resources, Leadership, Customer Service, football fields — test new products right on Design/Build/Installation, Landscape the spot! Management, Lawn Care, Safety, and Industry Recruiting.

GO for the EXPO ... GO for the Networking ... The largest green industry showcase, the Through the nightly receptions, Breakfast GIE+EXPO features over 500 exhibits, with Champions, awards banquet and of outdoor power equipment, lawn more, make connections, develop and garden products, outdoor leisure relationships, and learn from peers and items, light construction and landscape industry innovators. equipment.

REGISTER NOW: GreenIndustryConference.org • (800) 395-2522 Early-bird deadline: September 5, 2008 Attending educational sessions at GIC qualifies you for 2 education points for PLANET certification renewal.

PLATINUM SPONSOR

The association of members who create and maintain the QUALITY OF LIFE in communities across America. HR INSIGHTS

The beatings will continue until morale improves!

hat happened to all those smiling, eager faces that Bill Cook used to populate your workplace? If it seems that PLANET HR Consultant W “You’ve Lost That Lovin Feelin,” that glow of high morale and don’t know how it happened, you might be ask- • Refl ect on the good. In high stress environments, it’s ing, “Is it them or is it me?” Those in charge often don’t realize easy to overlook the good things and focus on the the infl uence they truly have over their employees. They don’t negative. But simply taking a few minutes to help really believe that their words and deeds have a deep and last- employees focus on their positive experiences alleviates ing impact on the people they work with, even decades later. some of this tension. Keep your employees focused In fact, managers are almost always in control of how employ- on possibilities rather than problems by asking them ees feel. Since they’re usually not aware of this, managers “What are the most exciting potential opportunities sometimes fi nd that often they are the demotivators. you experienced this week?” Also, creating an open dia- Even in tough times, going to work can be a good experi- logue keeps you in tune with your employees and any ence. Yes, high morale often does mean that people look problems they may be having with their jobs, workload, forward to being there every day. Surveys show that employ- coworkers, or with management. ees are far more productive and stay longer where their work • Celebrate the small things. Acknowledge your employ- is accompanied with high morale. But high morale is the ees’ accomplishments by giving performance awards, “Holy Grail” almost all of us seek. We don’t always fi nd it, mentioning their names at staff meetings, posting a but once you acknowledge that your company’s success is note on the bulletin board, or sending an interoffi ce due largely to your employees, it makes employee satisfac- e-mail. A simple “nice job” or “thank you” goes a long tion and morale a priority. Give the proper tools and a clear way in showing an individual that you appreciate the picture of your goals to a group of people who want to make value in their work. Don’t wait for completion of the a difference, and they will! project. Acknowledge the effective steps a person or team is taking along the way. Those in charge often • Create goals. When individuals realize the effect they and their work have on the entire organization, they don’t realize the infl uence gain confi dence in their abilities, which in turn boosts their willingness to work. When assigning work, take they truly have over their strengths and development interests into account. Tell individuals why you selected them for an assignment, employees. reinforcing the fact that their work matters. • Avoid trying to be everyone’s buddy. The fi ctional boss Companies like Google give their employees free gour- from the TV show “The Offi ce” is notorious for trying met meals, laundry service, and on-site volleyball courts, so hard to be his employees’ buddy that he forgets how but material perks are just one way, and not the best way, to to be their boss. Employees need to be able to relate to express employee appreciation and keep morale high. There you on a personal level, but, more so, they need some- are only so many “Free Donut Fridays” that can motivate a one to manage them on a professional level. “Beware person to work at their potential if the environment is insuf- of trying to be your employees’ buddy,” advises Eric ferable. So what can you do? Herrenkohl, a Pennsylvania-based management con- Following are fi ve small gestures to show your employees sultant. “People want their bosses to act like an adult how much you value them and do wonders for morale: and take responsibility. Otherwise employees start to • Do as you say. “The most destructive thing in an orga- feel like no one is in charge and the ship begins to look nization is hypocrisy by leaders,” says Annie Devero, rudderless.” president of management consulting at The Devero As a young apprentice, my journeyman instructor began Group. If employees’ pay is dependent on performance our fi rst lesson by saying, “The worst I can wish on my worst and they don’t receive a bonus, the boss shouldn’t enemy is that when he gets up in the morning he just can’t either. The same goes for rules and procedures. As a stand the thought of going in one more day. And Billy, the manager, you should hold yourself accountable just as best I can wish for you is that when you get up in the morn- you do your employees; otherwise, be prepared to lose ing you just can’t wait to get in here to work another day with your employees’ trust and eventually your employees. me.” y

38 PLANET News September 2008 PLANET Calendar of Events

Green Industry Conference October 22–25, 2008 Marriott Louisville Downtown/Kentucky Expo Center Louisville, Kentucky Green industry professionals will fi nd something to spark their interest at this dynamic, information-packed conference and trade show. PLANET’s Green Industry Conference (GIC) features fi rst-rate education and networking opportunities targeted specifi cally for green industry professionals. GIC equips conference participants with the tips, techniques, and how-tos they need to increase their success. The GIC will be held in conjunction with the GIE+EXPO, which showcases an expansive lineup of cutting-edge exhibits and product demonstrations.

Executive Forum February 19–22, 2009 Disney’s Beach Club Resort Orlando, Florida Executive Forum offers PLANET members a unique opportunity to connect with industry leaders during an event that is a true combina- tion of business and pleasure. The three-day meeting includes morning educational sessions, discussion groups, and networking opportunities, as well as time for golf, sightseeing, shopping, and entertainment. Company owners and top management ﬁ nd it to be the perfect time to see old friends, make new acquaintances, and share best practices, while gaining valuable knowledge on the hot topics and business issues that concern them most.

Student Career Days March 26–29, 2009 Cal Poly Pomona/Sheraton Suites Fairplex Pomona, California This annual three-day event attracts students enrolled in green industry- related programs from colleges and universities across the country. Recruit the best and brightest future leaders of your company. Gain exposure by sponsoring a competitive event. Witness hundreds of students exhibiting their skills in real-world competitive events. Make plans now to be a part of the largest green industry recruiting event of the year.

(800) 395-2522 LandcareNetwork.org The association of members who create and maintain the QUALITY OF LIFE in communities across America. PR CORNER

Developing press releases that work

he best way to ensure media coverage is to tie your messaging into current events. For instance, in light Vicki Bendure T of the immigration discussion, pitch a story to your PLANET PR Consultant local media on a legal immigrant working for your fi rm or an H-2B worker. As gas prices grow, you could pitch a story on consumers on the best places in their yards and landscapes what your company is doing to save gas. Going green is also to spend their money. an important news peg — pitch the fact that your company If your clients are mostly commercial, read the local is becoming more fuel effi cient, practices recycling, and so business sections and align your messages with the current forth. Pro-bono work is most welcome, especially now that commercial market. Educate property managers and owners the economy is tight. Offer a free lawn makeover to the fam- on the importance of maintaining a high quality lawn and ily of a local serviceman or servicewoman who is overseas, or landscape for tenant retention. assist a family or a community that is struggling fi nancially. Your press release should be clear and concise and written The best way to most effectively match up your messages in terms that your potential audience can easily understand. with current events is to monitor your local media and keep Your release should also contain information on how best to track of common themes and trends. achieve the outlined goal, including tips on how to accom- Think strategically about how your corporate messag- plish the desired outcome. For example, the tips may outline ing might dovetail into this week’s headlines. There are also how a property manager or commercial building owner can consumer reporting opportunities, informative stories geared best improve property values, tenant retention, or safety toward consumers. For instance, is crime a signifi cant fac- through proper landscaping, lawn care, tree care, lighting, or tor in your region? If so, you could write a press release on irrigation. For homeowners, you may want to outline some how proper pruning and lighting can help lower crime rates. tips on how to easily and cost effectively improve curb appeal. Obviously, overgrown shrubs around windows and doors can The format for your releases should lead with your com- create areas where criminals can hide. Dark, unlit walkways pany announcing the message and stating the condition. also encourage crime. You can tailor your release for com- For example, “XYZ Company announces ways to improve mercial, residential, even public venues such as libraries and curb appeal. In today’s tough real estate market many home- schools, depending on some specifi c incidences in your area owners are discovering that it’s diffi cult to sell their homes.” and your area of expertise. After making the link between the news and your com- Weather conditions are an obvious opportunity for a story pany message, you can drop tips into the release in bulleted on lawn or landscape care. Global warming seems to be format. This makes the release easier for reporters to edit creating some harsh weather patterns. No matter what the according to the space they have available. If you have a weather in your region, it provides an opportunity to educate photo, or photos, make a note at the end of the release that consumers on how to deal with the conditions, what to plant, you have photos available. Do not send them. They can get how to care for lawns and landscapes, and so on. held up in the intended media outlet’s server or cause your Seasonal news provides another opportunity for story message to be designated as spam. placement. Write a release about the latest trends in your When reporters call for photos, send them one or two of area for fall, for example, new plants, new grasses, new fertil- your best. Before and after shots are always interesting. It izers, and so forth. Include information about the best fall probably goes without saying, but the photos must be of your activities for the lawn and/or landscape, such as the best company’s projects, not stock photos. This is news and the time to plant trees and apply fertilizer to your lawn. Advise photos have to be authentic. Make sure that your photo reso- your local homeowners, project managers, and retail centers lution is at least 300 dpi. on how to prepare their lawn and landscape for winter. A call for action should be included in your releases. In Trends and market conditions provide yet another oppor- consumer releases, the call to action is included in tips. In tunity for story placement. With the national drop in real general news, make sure that you relate the message back estate sales, there’s a glut of residential properties on the to the community by trying to make sure that your Web site market. This is an ideal time to educate homeowners on is included in the story, “to learn more about immigration how to improve property values and increase their chances issues facing the landscape industry, visit our Web site.” Or, of selling their homes. Simple steps on how to improve curb include the call for action in the copy by challenging other appeal will be appreciated by many real estate, housing, and area com panies to step up to the plate as you have done and garden reporters. Despite market conditions, making a wise help families of troops serving overseas, families facing tough investment remains a good news hook. Educate your local economic times, or something along those lines. y

40 PLANET News September 2008 INCREASE THE RETURN ON YOUR INVESTMENT ... Experience the beneﬁ ts of PLANET membership

ACCESS TO INDUSTRY CONSULTANTS PARTNER PROGRAMS

Human Resources Staples Business Advantage® • Answers to commonly asked questions on our HR • Considerable discounts on offi ce products for PLANET hotline members • Online access to helpful HR forms and member American Profi t Recovery center • Debt collection services at low, fi xed costs • Personnel Notebook inserts in PLANET News monthly magazine CNA / PLANET Business Insurance

Legal • Business insurance and loss prevention services tailored to PLANET member needs (in most states) • Assistance with employment, contract, and compliance issues Directo • Legal tips in PLANET News • Payroll card services allowing direct deposit for unbanked employees • Employment Law Bulletin subscription John Deere Safety • Receive national account pricing — savings up to 28% • E-mail answers regarding OSHA policy questions • Bilingual safety information, checklists, and forms National Safety Alliance / ChoicePoint R • Drug and alcohol testing services Public Relations PlantFind • PR planning and consulting services • Online RFQ submission and bid-assistance services • PR tips in PLANET News Precision Payroll of America, LLC • Payroll, beneﬁ t plans, payroll tax, insurance, accounting, and HR services

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For information on all PLANET member beneﬁ ts, log in and visit the Member Center at LandcareNetwork.org, call (800) 395-2522, or e-mail [email protected].

LandcareNetwork.org The association of members who create and maintain the QUALITY OF LIFE in communities across America. CERTIFICATION UPDATE

Schedule of certiﬁ cation exams

Examinations for Certifi ed Landscape Professional-Exterior and Interior (CLP), Certifi ed Landscape Technician-Interior (CLT-I), Certifi ed Ornamental Landscape Professional (COLP), and Certifi ed Turfgrass Professional-Cool Season Lawns (CTP-CSL) designations are now available through the computer testing center, LaserGrade (see below). To learn more about scheduling an exam through LaserGrade, please visit lasergrade.com. PLANET will continue to offer written examinations at published exam locations. Registration is required and should be received 30 days prior to the test date, or call PLANET for space availability. On-going Local Testing Centers Check LaserGrade’s Web site for a location near you September 17, 2008 Palm Springs, CA PIA CalScape September 20, 2008 Tacoma, WA Washington Association of Landscape Professionals (WALP) September 27, 2008 Orlando, FL FNGLA The Landscape Show October 25, 2008 Louisville, KY PLANET Green Industry Conference November 2–4, 2008 Anaheim, CA Irrigation Association Conference November 6, 2008 Pomona, CA Western Turf & Landscape Expo November 14, 2008 Milwaukee, WI Tree Care Industry Expo November 15, 2008 Provo, UT Brigham Young University December 8–11, 2008 Columbus, OH Ohio Turfgrass Conference January 5, 2009 Overland Park, KS Western Nursery & Landscape Association January 30, 2009 Virginia Beach, VA Mid-Atlantic Horticulture Short Course For more information about certifi cation and the most up-to-date exam schedule, please contact Marcia Higgins at (800) 395-2522 or visit PLANET’s Web site, LandcareNetwork.org. y

Accessibility. Convenience. Flexibility. PLANET certifi cation testing goes high tech PLANET members now have access to hundreds of computer-based testing centers located throughout the U.S. and Canada and at 30 international sites through a partnership with LaserGrade. Testing available for the following designations: • Certifi ed Landscape Professional (CLP) • Certifi ed Landscape Technician-Interior (CLT-I) • Certifi ed Turf Professional-Cool Season Lawns (CTP-CSL) • Certifi ed Ornamental Landscape Professional (COLP)

“ Thanks for offering the convenience of computer- based testing for the completion of my PLANET CLP designation. This is a great alternative to waiting for testing at an industry event in my area. The testing center was both professional and effi cient and getting my (unoffi cial) results on the spot was incredibly satisfying. I am so excited to have earned my CLP designation!” DetailsD il on hhow to registeri ffor computer-based testing are avail- Candace McKeone, CLP able in the Certifi cation section at Patriot Landscape & Arboriculture, Inc. LandcareNetwork.org or call the PLANET offi ce at (800) 395-2522.

42 PLANET News September 2008 PLANET needs your help and enthusiasm to GROW THE NETWORK by getting your friends and colleagues to JOIN THE NETWORK.

For every new Green Industry Service Provider (GISP) member you refer YOU WIN: A $25.00 American Express gift card (no limit on winnings) Entry in a drawing for a 42” Plasma HDTV

Each new member WINS: A free Safety Program CD

PLANET WINS with a stronger voice for you and your industry.

GROW the Go to LandcareNetwork.org and click on NETWORK! for full campaign details.

Seeize the oppporrttunnity to GROOW THHE NETWOORK. Innvitee everyy GISSP yoou knoow to JOOINN THHE NEETWOORK. LEGALLY SPEAKING

Is your worker an employee or an independent contractor?

By Richard I. Lehr and Lyndel Erwin of Lehr Middlebrooks & Richard I. Lehr Vreeland, P.C. PLANET General Counsel

he Fair Labor Standards Act (FLSA) defi nes employ as 3. The amount of the alleged contractor’s investment in “suffer or permit to work,” and the courts have made facilities and equipment. T it clear that the employment relationship under the 4. The nature and degree of control by the principal. FLSA is broader than the traditional common-law concept. 5. The alleged contractor’s opportunities for profi t and Mere knowledge, by an employer, of work done for him by loss. another is suffi cient to create the employment relationship 6. The amount of initiative, judgment, or foresight in under the FLSA. Many employers attempt to treat all persons open market competition with others required for the other than full-time employees as independent contractors. success of the claimed independent contractor. However, to do so can be very costly. 7. The degree of independent business organization and The U.S. Supreme Court has, on a number of occasions, operation. indicated that there is no single rule or test for determining There are certain factors that are immaterial in deter- whether an individual is an independent contractor or an mining whether there is an employment relationship. Such employee for purposes of the FLSA. The Court has held that factors as the place where work is performed, the absence it is the total activity or situation which controls the deter- of a formal employment agreement, or whether an alleged mination. Among the factors that the Court has considered independent contractor is licensed by state/local government signifi cant are: are not considered to have a bearing on determinations as 1. The extent to which the services rendered are an inte- to whether there is an employment relationship. Further the gral part of the principal’s business. Court has said that the time or mode of pay does not control 2. The permanency of the relationship. the employees’ status. There are several areas that have caused employers problems: • The use of so-called independent contractors in the construction industry. • Franchise arrangements, depending on the level of control the franchiser has over the franchisee. • Volunteers — A person may not volunteer his/her services to the employer to perform the same type of service performed by an employee of the fi rm. • Trainees or students. • People who perform work at their home. The courts have addressed the issue numerous times. • PLANET’s job site Listed below are examples of some of the rulings. • International exposure Instances where workers were found to be an independent contractor: • Easy, personalized searches 1. Cable television installers performing services for a company whose sole service was cable installation. The employing company had no control over the manner in which the installers executed their assignments, the The job site for green hours they worked, the job performed, or the assistants they hired. Moreover, the installers’ opportunity industry professionals for profi t/loss was independent of the employing company. 2. An individual working for a computer business after he moved from Hawaii to California and whose status

44 PLANET News September 2008 LEGALLY SPEAKING

changed from salaried employee to hourly consultant. 3. Nightclub dancers. The Court acknowledged the No regularly scheduled contact between the employing impermanent relationship of the dancers with the club; business and the individual existed, and the employ- however, the Court focused on the degree of control ing business did not dictate the hours worked or the the club exerted. The club approved costumes, set the tasks performed. Also, work was distributed on an as- rates for certain dancers, and determined the dancer’s needed basis, and the individual was free to seek other work schedule. In addition, the club was found to employment. have an extreme degree of control over the dancers’ opportunity for profi ts because the club controlled Many employers attempt to the advertising, location, business hours, maintenance of facilities, and food and beverages. The Court treat all persons other than full- highlighted that a dancer’s initiative was restricted to time employees as independent decisions involving costumes and dance routines, and her investment was limited to costumes and a padlock. contractors. However, to do so 4. Waiters and waitresses. The reviewing tribunal highlighted that the waiters and waitresses could only work can be very costly. when the restaurant was open. Moreover, the waiters and waitresses did not invest in the restaurant or share 3. Individuals who distributed telephone-number in profi ts or losses. research to home workers who performed the tele- 5. Unskilled packers and peelers in employer’s seafood phone research. The employer exercised little control operation, notwithstanding the fact that these individu- over the distributor’s delivery of the cards, the distribu- als moved from plant to plant. The Court expressed tors maintained their own records, and the distributors that the freedom to move did not deprive the unskilled risked fi nancial loss, as well as invested in their busi- laborers of the FLSA’s protections in the absence of ness and needed to possess managerial skills. specialized and widely demanded skills. 4. Welders who worked for a gas pipeline construction In order to limit his liability, an employer should look very company on a project-by-project basis. The welders closely at individuals that he considers independent contrac- were highly skilled, supplied their own equipment, and tors to make sure that he is not creating a potential liability y the employing entity had no control over the methods for the fi rm. or details of the welding work. Instances in which individuals were found to be employees: Employee minimum wage 1. A hotel parking lot valet whose compensation was increase restricted to tips from hotel guests and a maximum 50-cents gratuity per parked vehicle. The valets’ duties The minimum wage increased to $6.55 per hour on included loading and unloading luggage of hotel guests July 24, 2008, with another scheduled increase to $7.25 and keeping the hotel entrance clean. Furthermore, the per hour on July 24, 2009. In addition, six states have valet wore a hotel-supplied uniform, was covered by increased their minimum wage this month. the hotel’s employee accident insurance, procured a police identifi cation at the hotel’s behest and expense, Illinois $7.75 effective 7/1/08 and received other employee privileges. Kentucky $6.55 effective 7/1/08 2. Cake decorators working at a bakery/retail store who Michigan $7.40 effective 7/1/08 supplied cakes for the bakery’s retail outlets. The Court Nevada $5.85 effective 7/1/08 for employers noted that the decorators were dependent on the who provide health insurance business to which they supplied their services, were $6.85 effective 7/1/08 for employers regimented with respect to the time, place, quality, and who do not provide insurance manner, in which they executed their assignments, Pennsylvania $7.15 effective 7/1/08 possessed no control over profi ts, did not share in West Virginia $7.25 effective 7/1/08 the success of the business, and could not experience business loss. Moreover, as the Court pointed out, the The Connecticut legislature recently overturned the decorators were not required to possess specialized governor’s veto and enacted an $8.00 per hour mini- y skills or prior experience and that their work was inte- mum wage to be effective January 1, 2009. gral to the overall business.

September 2008 PLANET News 45 SAFETY ZONE

‘Rodeo’ competition tests employees’ safety skills

n any landscape contracting business, driving presents the driver must stop the vehicle many risks. Contractors have a substantial investment in within a set distance. If he does Itheir fl eet, trailers, and various types of equipment. Our not, he repeats the exercise. employees are also a key investment. Time and money spent The Plow Truck event is very training our employees on safe driving is invaluable. similar; however, the increased The Colorado Department of Transportation (CDOT) weight and width are on the front Jody Bost requires that registered companies have training events for of the vehicle, rather than on the CoCal Landscape drivers twice each year. Additionally, being a self-insured back as when pulling a trailer. company makes CoCal very motivated to ensure we operate Both events allow us to identify drivers that need more driver as safely as possible. We all know training and, in the rare instance, has caused us to pull a that safety is a serious matter, but we crew driver. In the many years we have held this event, we may get better participation in our have had a perfect score on both the written and driving test safety program if we can incorporate only one time! This driver was recognized at the monthly a little fun, too. Out here in the Wild safety meeting, given a monetary reward, and is now a tester! West, what could be more fun than Despite the fact that this event disrupts the crew’s work- a rodeo? Each year CoCal Landscape day (the driver must leave a job site to report to the rodeo holds a Truck & Trailer Rodeo and at a set time), it has been a very positive safety event for our a Plow Truck Rodeo. Both events include written and driv- company, and we highly recommend that other companies ing tests to confi rm both the knowledge and skills of all crew try something similar! Last fall we recruited our fl eet man- drivers. ager to cook for everyone who attended. He and his staff A simple written test checks that the driver is aware of marinated meat and created phenomenal fajitas! We also daily safety checks required on the vehicle as well as the plow have the offi ce staff join in the event. Some come for a half or trailer. It also covers basic paperwork required in each day to grade written tests and help keep the testing schedule vehicle and our requirements for accident reporting. Motor fl owing. Some come out just to watch for a bit or have a bite vehicle reports (MVR) are run prior to each rodeo to confi rm to eat. This is a fun opportunity, away from our normal rou- continued validity of every driver’s license. The driving test is tines, that allows for team building within our company. y where the fun begins! Our safety committee and managers are the testers. Every crew driver is assigned a tester and, to ensure objectivity, Index of advertisers

the driver cannot routinely work on the tester’s team. The Bartlett Tree Experts ...... 14 tester rides with the driver during the driving test and scores Caterpillar ...... 12, 13 his performance. The back window of each truck used for Colorblends ...... 35 testing is covered so the driver must use the side mirrors. Enviroscapes/Mulch Mule ...... 2 Occasionally an intentional safety issue will be created on the Ewing Irrigation Products, Inc...... 5 truck or trailer to be sure the driver is truly looking for poten- FEWA ...... 7 tial danger. Florasearch, Inc...... 3 For the Truck & Trailer Rodeo, a T-shaped drive lane is Gravely, an Ariens Company ...... 48 created with cones and barricades. The driver must enter GreenSearch ...... 32 Husqvarna ...... 47 the drive lane and pull to the end. He must then back up Hustler Turf Equipment ...... 21 the entire length of the drive lane (honking to forewarn Include Software ...... 18 any pedestrians, of course), pull through the lane again, JRCO, Inc...... 29 and back into the T-shaped drive. The objective is to do Oly-Ola Edgings, Inc...... 31 so in one attempt without hitting a cone or the barricade Pine Hall Brick ...... 34 at the end of the T. Pulling forward once for adjustment is Professional Business Consultants ...... 36 acceptable. At the end of this event, the driver proceeds to Shindaiwa ...... 15 the second course that tests braking. An acceleration lane Syngenta ...... 19 allows the truck to approach 30 mph. At any given time Vermeer Corporation ...... 17 (pre-determined), the tester will tell the driver to stop, and Workforce Advantage ...... 16

46 PLANET News September 2008