New York Workers Compensation Vocational Rehabilitation Facilities Classification Procedures

Transcription

1 New York Compensaton Insurance Ratng Board B U L L E T I N July 25, 2007 Contact: Ms. Cecela Cospto Underwrtng Manager x 169 ccospto@nycrb.org R.C To the Members of the Board RE: New York Workers Compensaton Vocatonal Rehabltaton Facltes Classfcaton Procedures The Rates Commttee has adopted, and the New York State Insurance Department has approved, effectve October 1, 2007, for new and renewal busness, a change to the classfcaton procedures for vocatonal rehabltaton facltes. Currently, vocatonal rehabltaton facltes are assgned to Code 8837 Chartable or Welfare Organzatons All Operatons & Drvers and Code 9111 Professonal Employees & Clercal. Code 8837 s an A-rated classfcaton whereby the Ratng Board calculates an ndvdual average rate for each nsured subject to the classfcatons for the varous operatons of the nsured. These facltes provde workshop tranng for ndvduals who may be physcally, mentally or emotonally challenged. Servces such as, but not lmted to, educaton, tranng, on-ste counselng, clent assessment, sleepng accommodatons and meals are offered to ther clents. Contracted servces such as repackng of varous types of goods and preparng catalog orders for shpment are also provded at these facltes. The current classfcaton procedure s to assgn professonal employees to Code 9111 and all other employees to Code The professonal employees evaluate the clents to determne ther elg blty for program servces; traners provde on-ste workshop tranng, whle others provde job coachng. Over the years t has become ncreasngly dffcult to dstngush the professonal from the non-professonal employees as an ndvdual s dutes may vary and may cross over from professonal to non-professonal. A revew of the classfcaton procedures for these facltes has revealed that Code 8837 has been dscontnued n most other jursdctons and the Natonal Councl on Compensaton Insurance has establshed a sngle code (8864) to apply to these facltes. Based upon ths revew, the A-rate procedure and Codes 8837 and 9111 wll be dscontnued n New York as well and Code 8864 wll be adopted. The experence for Codes 8837 and 9111 wll be combned as the bass for the new code. * Page 2 * 200 East Forty-Second Street, New York, New York Telephone: (212) Fax: (212)

2 Snce the current calculated A-rate for some nsureds may be sgnfcantly hgher or lower than the publshed rate for Code 8864, the Rate Transton Program wll apply to those nsureds currently assgned to Code Note that clercal employees were an ncluson both n New York and n the NCCI jursdctons under the professonal employee classfcatons for these facltes. Wth the adopton of Code 8864, clercal employees wll no longer be an ncluson and can be classfed under Code 8810 provded the employees meet the crtera for the applcaton of ths code. Attached for your reference are Pages C-18, C-18a, C-18b, C-25, C-25a, C-25b and C-100 of the Classfcaton secton and Page D-32 of the Dgest of Rulngs and Interpretatons secton of the New York Workers Compensaton and Employers Lablty Insurance Manual that reflect the se changes. CD:tg Encl. Prnted manual pages wll be dstrbuted as soon as they become avalable. Very truly yours, Monte Almer Presdent

3 C-18 NEW YORK WORKERS COMPENSATION Effectve October 1, th Reprnt CEMENT or Concrete DISTRIBUTING TOWER INSTALLATION, repar or removal 5403 Not applcable to contractors who erect, repar or remove concrete or cement dstrbutng towers as an ncdental part of ther constructon work. When so performed, such operatons shall be ncluded n the classfcaton wth whch such work s assocated. CEMENT or Concrete WORK FLOORS, DRIVEWAYS, yards or sdewalks & Drvers 5221 Not avalable for dvson of payroll wth Code 5222 Concrete Constructon n connecton wth Brdges or Culverts." Self-bearng floors, arport runways, warmng aprons, street or road constructon to be separately rated. CEMETERY OPERATION & Drvers 9220 CHAIN MFG. FORGED 3110 CHARCOAL MFG. & Drvers 1470 Includes dstllaton of alcohol, mfg. of creosote from wood tar or acetates. CHAUFFEURS & Helpers NOC commercal 7380 Subject to the standard excepton manual rule. CHEESE or Butter MFG. & Route Salespersons, Route Supervsors, Drvers 2070 CHEMICAL BLENDING or MIXING NOC ALL OPERATIONS & Drvers 4828 Shall not be assgned to a rsk engaged n the manufacture of chemcals. CHEMICAL MFG. NOC ALL OPERATIONS & Drvers 4829 Includes blendng or mxng. Shall not be assgned to a rsk that s engaged exclusvely n the blendng or mxng of chemcals. The followng s a partal lst of chemcal manufacturng processes contemplated by Code 4829: alcoholyss; alkylaton; amnaton; calcnaton; carboxylaton; compresson of gases; dstllaton; esterfcaton; halogenaton; ntraton; oxdaton; reducton; sulphonaton. CHEWING GUM MFG Apples to, but not lmted to, the manufacturng of candy bars, chocolate bars, chewng gum, glaceed frut, jellybeans, lollpops, lcorce, breath mnts and taffy. Includes mfg. from cocoa beans. CHILD DAY CARE CENTERS Apples to facltes that offer day care servces for chldren. These centers predomnantly provde day care for younger chldren wth a structured approach to learnng socal sklls, language sklls and early readng. Actvtes nclude sngng, dancng and storytellng. Some facltes may also provde before and after-school care programs. Not applcable to elementary schools that provde day care servces at the same locaton. PROFESSIONAL EMPLOYEES & Clercal, Salespersons 8869 ALL OTHER EMPLOYEES & Drvers 9059

4 NEW YORK WORKERS COMPENSATION Orgnal Prntng Issued October 1, 2007 C-18-a CHIMNEY CONSTRUCTION not metal 5000 Includes foundaton and apples to stone, brck or concrete chmneys. Also ncludes guntng and lnng operatons. CHOCOLATE, Candy, or Cocoa MFG Apples to, but not lmted to, the manufacturng of candy bars, chocolate bars, chewng gum, glaceed frut, jellybeans, lollpops, lcorce, breath mnts and taffy. Includes mfg. from cocoa beans. CIGARETTE, Cgar or Tobacco MFG Includes the rehandlng and warehousng of prepared tobacco.

5 C-18-b NEW YORK WORKERS COMPENSATION Issued October 1, 2007 Orgnal Prntng Reserved for future use

6 NEW YORK WORKERS COMPENSATION C-25 5 th Reprnt Effectve October 1, 2007 DANCE CLUB, Bar, Lounge, Nghtclub or Tavern ncludng entertaners and/or muscans 9074 Apples to the operaton of a bar, dance club, lounge, nghtclub or tavern where the gross recepts of alcoholc beverages exceed 50% of the total recepts of food and non-alcoholc beverages. Refer to Secton III of the Dgest of Rulngs and Interpretatons to determne the applcaton of the approprate restaurant and/or bar classfcaton. DAY CARE CENTERS CHILDREN Apples to facltes that offer day care servces for chldren. These centers predomnantly provde day care for younger chldren wth a structured approach to learnng socal sklls, language sklls and early readng. Actvtes nclude sngng, dancng and storytellng. Some facltes may also provde before and after-school care programs. Not applcable to elementary schools that provde day care servces at the same locaton. PROFESSIONAL EMPLOYEES & Clercal, Salespersons 8869 ALL OTHER EMPLOYEES & Drvers 9059 DEBRIS REMOVAL constructon or erecton 5610 Apples to specalty contractors engaged n removng constructon or erecton debrs provded they are not engaged n constructon or erecton operatons. Code 5610 also apples to debrs removal employees of a constructon or erecton contractor provded that the payroll for the cleaners, tmekeepers and watchguards s greater than all other payroll of the employer subject to constructon or erecton classfcatons at the same job or locaton. Code 5610 can be appled to debrs removal employees that are workng on dfferent floors of the job ste that have already been completed by the tradespersons or to debrs removal employees after the tradespersons left for the day provded ther payroll meets the crteron. Tmekeepers and watchguards employed by constructon or erecton contractors are present durng the constructon or erecton operatons Watchguards also work nghts, weekends and holdays to assure that vandalsm and theft does not occur. Ths code does not apply to cleaner/debrs removal employees workng n conjuncton wth the tradespersons. Such employees are consdered laborers and subject to the same classfcaton as the tradesperson. The removal of debrs left by a demolton contractor, shall be classfed as Code 6217 Excavaton NOC & Drvers. DECORATING & Drvers 9539 Apples to nteror or exteror work, ncludng the hangng of flags or buntng for conventons or celebratons. DECORATING or Pantng NOC & Drvers 5474 Includes ncdental shop operatons. Also ncludes the pantng of metal storage tanks, fre escapes, starcases, balcones, shutters, wndow frames or sash. Pantng shp hulls, metal structures over two stores n heght or brdges to be separately rated. DENTAL LABORATORY 4692 DENTIST & Clercal 8832 Employees engaged n any type of servce n or about premses, other than premses used for professonal purposes, are to be separately rated. DERRICK or Ol Rg ERECTION or DISMANTLING Apples to rgs or derrcks of metal, the constructon of foundatons or structures and the nstallaton of equpment Apples to rgs or derrcks of wood, the constructon of foundatons or structures and the nstallaton of equpment DETECTIVE or Patrol AGENCY & Drvers 7723 Includes the operaton of armored car servces, watchmen, guards or patrol offcers engaged n safeguardng property not owned or operated by the nsured. Polce offcers, sherffs, strke breakers or strke guards to be separately rated as Code 7720 "Polce Offcer & Drvers." DETINNING 3372 Includes ncdental mfg. of tn or tn compounds.

7 NEW YORK WORKERS COMPENSATION Orgnal Prntng Effectve October 1, 2007 C-25-a DEVELOPMENTAL ORGANIZATIONS ncl. workshop ALL EMPLOYEES & SALESPERSONS, DRIVERS 8864 Applcable to organzatons that are engaged n provdng servces to ndvduals who are mentally, physcally and emotonally challenged. A broad range of servces such as clncal, educatonal, counselng and recreatonal are provded. These organzatons have workshops that tran ndvduals n varous types of tasks to educate and prepare them for employment or future placement at resdental facltes. Group homes, halfway houses, temporary shelters and ndependent supportve lvng homes shall be separately rated as Code 8865 Homes for the Mentally Impared All Employees & Clercal provded there s no nursng or medcal personnel on staff. DIAMOND CUTTING or Polshng 3384 DIAPER SERVICE & Route Salespersons, Drvers 2594 Includes the rental and cleanng of dapers. DIE CASTING MFG Shall not be assgned to a rsk engaged n operatons descrbed by another classfcaton unless the operatons subject to Code 1925 are conducted as a separate and dstnct busness. DIKE or Revetment CONSTRUCTION ALL OPERATIONS to completon & Drvers 6005 Apples to rver work only. Ple drvng to be separately rated as Code DISTILLATION wood & Drvers 1470 Includes dstllaton of alcohol, mfg. of creosote from wood tar or acetates.

8 NEW YORK WORKERS COMPENSATION Orgnal Prntng Issued October 1, 2007 C-25-b Reserved for future use

9 C-100 NEW YORK WORKERS COMPENSATION Effectve October 1, nd Reprnt WEBBING MFG Jute webbng mfg. to be separately rated as Code 2348 "Jute or Hemp Spnnng." WEIGHERS, Samplers or Inspectors of MERCHANDISE ON VESSELS or DOCKS or at Ralway Statons or Warehouses: Coverage under U.S. ACT 8709F Coverage under STATE ACT ONLY 8719 These classfcatons nclude mendng or prepackng of damaged contaners. Operaton of warehouses to be separately rated. WELDING or Cuttng NOC & Drvers 3365 Apples to both shop and outsde work and ncdental machne operatons connected therewth. Not avalable for dvson of payroll, except work performed under ar pressure shall be rated as Code 6257 "Casson Work pneumatc," or Code 6260 "Tunnelng pneumatc," work n connecton wth demolton jobs shall be rated as Code 5709 "Wreckng," etc; work n connecton wth the erecton of ron or steel frame structures or brdges, and provded such erecton s properly classed as Code 5040 "Iron or Steel Erecton," shall be so rated; work n connecton wth ol or gas ppe lne constructon shall be rated as Code 6233 "Ol or Gas Ppelne Constructon & Drvers." WHIP MFG WHITING MFG Shall not be assgned to a rsk engaged n operatons descrbed by another classfcaton unless the operatons subject to Code 5954 are conducted as a separate and dstnct busness. WILLOW, Rattan or Twsted Fber PRODUCTS MFG Includes upholsterng. WINERY ALL OPERATIONS 2143 Includes bottlng.

10 Page D-32 NEW YORK RULINGS AND INTERPRETATIONS Secton II Effectve October 1, nd Reprnt Carpentry Code 5645 "Carpentry Detached Dwellngs" and Code 5651 Carpentry Dwellngs Three Stores or Less" cover not only new constructon work but also apply to general carpentry repars, other than roofng, n connecton wth buldngs of the types descrbed by these classfcatons. Carpets See Rugs Carvng See Wood Carvng Castngs Mfg. metal by lost wax process Cattle See Breedng Cement recevng, screenng and packng only Cemetery Removal openng graves, removng and renterrng remans ncl. drvers Chauffeurs See Drvers, Chauffeurs and ther Helpers Chckens ncubatng and shppng day-old chcks no farm operatons Chrstmas Trees plantng, cultvatng and harvestng Churches household servants n rectory Cgar Band Mfg. See Labels Cgarette Lghters assemblng from purchased parts only Cgarette Lghters fabrcatng parts and assemblng Cleanng Other Than Buldngs: Cesspool cleanng ncl. drvers Cleanng and Scalng of Shps' Bolers Cleanng Cabns, Quarters and Companonways on Vessels by contractors Cleanng Ol Tanks on Land Cleanng Steel Barrels and Drums ncludng pantng no repar Cleanng Swmmng Pools by specalst contractors Cleanng Waste or Sewer Lnes buldng connectons usng portable rotatng equpment ncl. drvers Cleansng Powders and Preparatons Rsks engaged solely n compoundng cleansng powders, regardless of whether or not soap or soap powder s used, and provded that they do not actually make soap, shall be rated as Code 4828 Chemcal Blendng or Mxng NOC or Code 4829 Chemcal Mfg. NOC f they manufacture chemcals.