Lack of Paperwork Closes Company’s Doors

Recently, a professional pest management service provider went out of business due to a court ruling awarding parents of an ill child a multi-million dollar settlement. The child became ill from pesticide poisoning. The pest management company’s owner said: “Although I did no wrong, I lacked the documentation necessary to prove my innocence.” A reputable company going out of business due to a lack of documentation. How did that happen?

Although this incident may be fictitious with any similarity to real events purely coincidental, there are lessons to be learned: How did it happen? What are some practical solutions to prevent something similar from happening to you? How much did this incident cost?

A pest management technician performing an ant bait treatment at a food plant was called away to another location and did not finish the paperwork. At the same time, a maintenance employee was applying insecticide around a compactor for flies. He then went on to another job, leaving behind an unmarked plastic jug of chemical. Two boys riding bikes in the area noticed an open, unmanned security gate and rode in near the trash compactor.

The investigation started with an emergency call reporting that a young boy drank from an unmarked plastic jug and was very sick. At the hospital, the child was diagnosed with pesticide poisoning, confirmed by the contents of the jug. The maintenance worker said the jug belonged to the pest technician. The police investigation showed a pest control service being performed around the same time as the 911 call.

The cause was determined to be that the young boy drank insecticide from the unmarked plastic jug. It was theorized that in the pest technician’s haste to hurry to another job site, he left behind this container. In a court of law, the truth is the written word. Since there was nothing to support anything different, the court ruled on behalf of the boy’s parents—a multi-million dollar award.

The lessons learned were, first, never use unmarked containers to hold any material, even temporarily; all containers must be labeled for the intended use. Second, never leave security gates open or unmanned, even briefly. And, third, when a job is shared, a clear separation of duties should be shown.

But with all these, the greatest lesson from this incident is a lack of documentation. There may be times where someone may try to cover up their actions due to unintended, undesired consequences. Without good documentation, one cannot defend oneself.

The media can run with a story, trial lawyers can interrogate to a desired end, and judges may be unsympathetic without factual evidence.

In journalism, there are basic questions of who, what, when, where, how, and why. Quality assurance and food safety professionals should ask these same questions when documenting their work. From an auditor, third-party agency, and/or legal perspective, the truth is considered to be the written word. If it is not written, it is not so. This may seem like a lot of documentation but six months later, after hundreds of jobs, if you are asked specific questions, this documentation may be vital to your defense.

How Much Did This Cost? The cost was the end of a pest control company, an ill child, attorney fees, millions of settlement dollars, and a loss of reputation for the food company, in addition to two industries.

Conclusion. Four basic rules of documentation are: Do it legibly. Do it now. Do it right. Do the organizing. We are judged by our documentation. Electronic documentation with computers, lap tops, tablets, smart phones, and cameras should make it easier to meet these four basic rules of documentation. Are you ready to go to court? It could happen at any time.