Monday, August 24, 2020

Workers Comp Class Code 2003: Bakery, Salespersons & Drivers

Worker’s Comp class code 2003: Bakery, Salespersons & Drivers applies to insureds engaged in the manufacturing of baked goods, cookies and crackers, and cooked or uncooked frozen items. This includes the baking or frying of baked goods, cookies and crackers, and cooked or uncooked frozen items. All sizes of bakeries apply to class code 2003.

What Employees Fall Under Workers Compensation Classification Code 2003?

Workers’ Comp class code 2003 does not apply to retail bakeries and doughnut stores in which no baking is done on premises. Instead, these businesses are classed under class code 8017. Potato chip, popcorn, and snack chip manufacturing businesses are included under class code 6503. The manufacturing of macaroni, spaghetti, and noodles is assigned to class code 2002. Only businesses that take part in the baking or frying of baked goods, cookies and crackers, and cooked or uncooked frozen items are included under class code 2003.

NY Workers’ Comp Insurance Classification Code 2003 Rate History:

In 2011, the rate for NY workers comp class code 2003 had an increase of 2.4%. Due to a recent decision by the New York Compensation Insurance Rating Board, the 2012-2013 rate for class code 2003 will remain the same.

Enforce Coverage can help find the right carrier for your Workers’ Comp needs. Contact us to obtain a price quote and ask about our Pay As You Go Program.

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Friday, August 21, 2020

NY Workers Comp Rates for Class Code 7601 Telephone, Telegraph or Fire Alarm Line Construction and Drivers

NY Workers Comp Rates for Class Code 7601 Telephone, Telegraph, Fire Alarm Construction

Description: Code 7601 covers contractors engaged in telephone, telegraph or fire alarm line construction and drivers.  Type of work covered are clearing of right-of-ways; driving; erecting poles; cross-arms and insulators; stringing overhead lines or lead sheath cables used for multiple circuits; and laying underground cables.  The Code applies to all work normal and incidental to the construction of such lines when undertaken by an individual employer whether performed by dedicated crew of employees or employees who interchange between operations.

Materials Used: all types of wire, brush and tree clearing equipment, and digging or trenching equipment.

Pricing: Solid companies with a good loss history can obtain better than average pricing on NY Workers Comp Rates for Class Code 7601 for telephone & fire alarm line construction

TELEPHONE COMPANIES
Category: Service Businesses

SIC CODE: 4813 Telephone Communications, Except Radiotelephone
4812 Radiotelephone Communications
4822 Telegraph and Other Message Communications
4899 Communications Services, Not Elsewhere Classified

NAICS CODE: 517210 Wireless Telecommunications Carriers (Except Satellites)
517410 Satellite Telecommunications
517110 Wired Telecommunications Carriers

Suggested ISO General Liability Code: 99600, 99614

Suggested Workers Compensation Code: 7600, 8901

Description of operations: Telecommunication companies provide the wiring, cabling, equipment, and ongoing maintenance for services to residences and commercial enterprises. These companies may offer automated answering systems, cable access, internet access, and local, long-distance, and international telephone service, special communications devices for customers with physical disabilities, telegraphs, and wireless communications. Service may be provided using overhead lines, underground utility cables, fiber-optic, microwave, or satellite systems.

Property exposures are high due to the high concentration of electronic equipment on premises. Ignition sources include electrical wiring, heating and air conditioning systems, and overheating of equipment. All of these require ongoing maintenance. Adequate fire detection and suppression equipment is recommended. Power surge equipment is needed to prevent lightning and other power losses. Smoke and water damage, even from a small fire, can result in a major loss without extensive contingency planning. Switching stations should be protected and security provided. If maintenance and fueling of service vehicles is done on premises, all flammables must be stored away from heated areas in a fireproof cabinet. Welding and soldering should be done in a well-ventilated area that is free of combustible materials. Communications equipment may be targets for theft. Appropriate security controls should be taken including physical barriers to prevent entrance to the premises after hours and an alarm system that reports directly to a central station or the police department. Telecommunication companies have very high exposure to business income loss as any power outage affects service to residential and business customers. Extra expenses may be high, as repairs must be made quickly to reduce downtime to dependent customers.

Equipment breakdown exposure includes breakdown losses to telecommunication devices, electrical control panels and other apparatus. All equipment must be inspected and maintained on a regular basis. Back-up generators should be available.
Crime exposure is from computer fraud and employee dishonesty. The exposure increases without thorough background checks of employees. Billing, ordering, and disbursement should be under separate supervisors. Reconciliation and audits should be routine. Computer fraud potential can be high as many customers pay by Electronic Fund Transfer (EFT). Adequate security is required to prevent unauthorized access to customer information.

Inland marine exposure is from accounts receivable as the company regularly bills customers for service, computers, radio and television floater (including towers), tools and equipment, and valuable papers and records for customers’ and suppliers’ information. The company is likely to have extensive communications systems, including computers, which are very expensive and must be backed up regularly. Computer systems must have adequate security features to prevent unauthorized access due to industrial espionage or by hackers. Communications towers are often in remote areas, and should be fenced to prevent access by unauthorized persons. Towers are susceptible to loss by high winds, lightning, icing, and airplanes. Protective features such as guy wires, lighting and de-icing equipment, are needed. Service technicians carry tools and equipment to customers’ premises for installation and repair. Vehicles should be kept locked at all times. Duplicates of records must be made often and stored off site. Storage on premises should consist of fireproof cabinets. There may be a contractors’ equipment exposure if the company installs its own underground cables.

Premises liability exposure at the main office location is usually light as communication with customers is done by mail or electronically. Off-site premises exposures are heavy due to the running of lines or cables, both above ground and below ground. Company vehicles may disrupt normal traffic flow, requiring adequate notice to motorists to prevent accidents. Technicians may damage customers’ premises when installing lines and cables within buildings. Excavation and maintenance of underground lines could cause damage to the property of others. Towers pose an attractive nuisance to children and teenagers and should be fenced to prevent unauthorized access. Terrorism is a potential threat to public services. There must be adequate security to deter unauthorized access to any part of the company’s premises. Despite the lack of scientific evidence, some cellular service providers have been sued on the allegation that repeated exposure to electromagnetic radiation causes injuries to people or animals. Personal injury exposures may result from failing to adequately secure customer information. Complaints by customers to the FCC regarding “slamming” or “cramming” offenses may result in high defense costs.

Completed operations exposures can be high if equipment is not properly installed. Loss of communications service could result in loss of earnings to businesses, particularly those who derive the bulk of their income from online sales.
Automobile exposure may be high. If the company does its own repairs, vehicles are on the road on both routine and emergency basis. The vehicles must be out 24 hours per day, sometimes on rough terrain in inclement weather. Cable and the equipment used to install it are awkward to transport. Secure tying down is vital to prevent heavy damage to other vehicles. Vehicles may be parked along roads, disrupting regular traffic. Proper signage is required to warn drivers. All drivers must be licensed with acceptable MVRs. Regular training should be provided in driving under difficult situations. All vehicles must be well maintained with documentation kept in a central location. If vehicles are provided to employees, there should be written procedures in place regarding personal use by employees and their family members.

Workers compensation exposures are very high. Working with power lines can result in electrical shocks. There should be adequate shutoff and lockout procedures to make sure the wiring is not live.

Falls can occur from ladders, scaffolds or cherry pickers, utility poles or towers. Adequate personal protective equipment is required. Failure to adequately warn motorists of road hazards can result in a worker being hit by a motor vehicle. Laying of underground cable can result in back sprains and strains from dragging heavy cables, or exposure to collapse hazards. Prolonged exposure to electromagnetic microwave or cellular transmissions has been linked to occupational disease. Workers who visit customers’ premises may be attacked by dogs or other animals. In the office where most work is done on computers, potential injuries include eyestrain, neck strain, carpal tunnel syndrome, and similar cumulative trauma injuries that can be addressed through ergonomically designed workstations.

NY Workers Comp Rates for Class Code 7601 Telephone, Telegraph or Fire Alarm Line Construction

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Monday, August 17, 2020

NY Workers Comp Rate for Code 6233: Oil or Gas Pipeline Construction and Drivers

NY Workers Comp Rate for Code 6233 Oil or Gas Pipeline Construction and Drivers

Description: Code 6233 applies to contractors engaged in cross-country construction of oil or gas pipelines and contractors engaged exclusively in the clearing of new right-of-ways for such construction. This code also applies to maintenance, testing, repair, trench pipe wrapping, pipe manufacturing at the construction site and the taking up and removal of oil or gas pipeline.

Pricing: Solid companies with a good loss history can obtain better than average pricing on NY Workers Comp Rate for Code 6233.

According to the Bureau of Labor Statistics nearly 500,000 workers are currently employed in the oil and gas extraction industry in the United States, and that number is on the rise as the world’s demand for energy continues to grow. This increase means more risks for well operators as they struggle to keep up with demand. Fortunately, there are many types of coverages available to those in the oil and gas industry to help mitigate these risks.

Risks in the oil and gas industry can be split into three categories:

1. Environmental
2. Equipment and property
3. Worker health and safety

Environmental risks are the most far-reaching risks faced by the oil and gas industry. Major oil spills, gas emissions and other contaminations are well-documented and are considered to be part of doing business.

Equipment risks include malfunctions and downtime, which lower the profitability of the operation. Preventive and predictive maintenance are key for combating these risks.

Property risks include lost or damaged drills or wells and damage to equipment during transportation. Additionally, fleet risks, such as fuel costs, rollovers and spills, need to be addressed by employers.

Finally, worker health and safety is a big concern because of the dangerous nature of the industry; the fatality rate for oil and gas workers is seven times the national average for all workers. Providing the proper training and safety measures for workers as the industry continues to expand will be important for employers to remain profitable.

What are Your NY Class Code 6233 Coverage Options?

There are a host of coverage options available to those in the oil and gas industry. Typical commercial general liability (CGL), protection and indemnity (P&I), marine employer’s liability (MEL) and hull insurance policies are likely not sufficient to cover many of the risks the industry faces:

Risks in the oil and gas industry can be split into three categories:
1. Environmental
2. Equipment and property
3. Worker health and safety

1. Environmental Coverage Options

Pollution insurance is a necessary coverage because CGL policies typically exclude pollution events. Under the terms of pollution coverage, the incident that leads to an environmental loss must be “sudden and accidental” and must be detected within a certain timeframe. This coverage generally does not pay for cleanup costs. Specific pollution insurance coverages often cover operators from gradual environmental incidents; coverages include:

• Pollution legal liability (PLL) or environmental impairment liability (EIL), which are site-specific coverages written on a claims-made basis. Incidents that are gradual in nature and take a long time to discover, such as a small pipeline leak, may trigger a claim. If an operator knows the exact point at which the incident occurred, it is usually not covered under a PLL/EIL policy.

• Contractors pollution liability (CPL) insurance, which covers oil and gas contractors against claims from third-party bodily injury, property damage, cleanup costs and/or environmental damage due to their work on a worksite.

• Storage tank liability (STL), which covers damage from leaking storage tanks, whether they are above- or below-ground.

2. Equipment and Property Coverage Options

• Control of well insurance (also may be known as operators extra expense (OEE)), which covers expenses incurred in regaining control of a well after cratering or blowout. Additionally, endorsements may be added to this policy to cover pollution, equipment malfunction (such as casing damage), evacuation costs and damage to the property as a result of the cratering or blowout.

• Oil lease property (OLP) coverage, which covers a loss or damage to petroleum storage tanks at scheduled locations.

• Riggers legal liability coverage, which insures oil contractors when handling a worksite’s equipment. For example, this coverage would cover damage to a wellhead during installation by a contractor. A standard CGL policy would not cover such an event.

3. Worker Health and Safety Coverage Options

• Workers in the oil and gas extraction industry face many more health hazards than the average worker, so it’s important that employers have robust workers’ compensation and return to work programs to keep workers safe and healthy. In addition to these programs, providing worker training and implementing various safety measures will minimize the number of days your employees are away from work.

o Training should focus on the following oil and gas safety hazards:

 Struck-by/caught-in incidents
 Falls
 Explosions and fires
 Confined spaces
 Ergonomic issues
 Machine hazards
 Hot work

o Training should also focus on the following health hazards:

 Hydrogen sulfide
 Silica
 Noise
 Diesel particulate matter
 Hazardous materials
 Fatigue
 Extreme temperatures

 

To obtain a quote for NY Workers Comp Rate for Code 6233 – Oil and Gas Pipeline construction insurance, give Enforce a call 212-947-4298.

NY Workers Comp Rate for Code 6233

NY Workers Comp Rate for Code 6233

The post NY Workers Comp Rate for Code 6233: Oil or Gas Pipeline Construction and Drivers appeared first on Enforce Coverage Group.

Wednesday, August 12, 2020

NY Workers Comp Code 4829 Chemical Manufacturing Rates

NY Workers Comp Code 4829 Chemical Manufacturing Rates – NYC, New Jersey, Pennsylvania and Connecticut

Description: Code 4829 is applied to the manufacture of products requiring a chemical conversion which means any process in which the substances used in the manufacturing process undergoes a molecular change in composition. Some but not all the processes are: alcoholysis; alkylation; amination; calcination; carboxylation; compression of gases; distillation; esterification; halogenation; nitration; oxidation; reduction; sulphonation. The difference between Code 4828 which is the chemical blending or mixing  for employers engaged in compounding, blending, mixing, bottling, and packaging chemicals which are not otherwise classified. Code 4829 is distinguished from that code by the fact that employers that qualify for code 4828 do not manufacture any of the ingredients they compound, blend, mix, bottle or package.

Materials Used: Chemicals, chemical mixing equipment, all manor of chemical manufacturing equipment.

NY Workers Comp Code 4829 Chemical Manufacturing Rates Pricing: Solid companies with a good loss history can obtain better than average pricing on NY Workers compensation rates.

Potential Environmental and Regulatory Liabilities at Chemical Manufacturing Facilities

The most common environmental and regulatory exposures at chemical manufacturing plants include:

• Uncontained floor drains around the plant site, both inside and outside buildings, which make spill control difficult.
• Information unavailable on where ALL floor drains discharge.
• Extensive liquid chemical inventories without secondary containment.
• Storing and staging 55-gallon drums of chemicals at multiple locations around the site in uncontained areas.
• Complicated piping networks without color coding or containment.
• Storm water contaminated by chemical drip, leaks and spills.
• Inadequate controls and containment for fire fighting water.
• Failure of high pressure and high temperature processes resulting in chemical releases to the environment.
• Inadequate containment of the chemical loading and unloading areas.
• Poor underground tank management programs.
• Improperly maintained PCB-containing electrical equipment.
• Above ground tanks, which are not tested or inspected for leaks through the bottoms, placed over soil.
• Underground tanks that were removed/abandoned for unknown reasons.
• Uncertainties about the historical use and conditions of closed on-site lagoons and landfills.
• Insufficient groundwater monitoring around wastewater lagoons and impoundments, especially in clay-lined basins.
• Inadequate assessment of potential impacts to groundwater from past spills and releases to on-site soils.
• Use of hazardous gases which might be released to the environment if tanks, valves, pipes, connections, etc. fail.
• Nuisance odors and noises.
• Chemical plants located on heavily industrialized areas might be falsely blamed for environmental problems of other companies.
• Poor housekeeping practices.
• No information on past waste management practices and environmental releases.
• Inadequate employee safety and medical surveillance programs.
• Absent, inadequate or out-of-date emergency and spill control plans, many of which are extensive and complex.
• Use of unusual or even exotic chemical compounds which could hinder emergency response personnel in chemical identification.
• Poor information on the possible adverse reactions and interactions of chemical compounds that accidentally commingle during a fire.
• Inadequate auditing of hazardous and non-hazardous waste handling and disposal contractors.
• Obsolete and remote equipment storage (bone) yards where oils and other residual liquids percolate into the soils.
• Inadequate back flow prevention devices to prevent harmful chemicals from siphoning back into the municipal water supply.
• Large inventories of bulk hazardous gases stored near areas frequented by vehicular traffic.
• Infrequent or undocumented preventive maintenance.

This is not an exhaustive list of environmental exposures. It represents the most common environmental exposures for Chemical Manufacturing Facilities.

NY Workers Comp Code 4829 Chemical Manufacturing Rates

NY Workers Comp Code 4829 Chemical Manufacturing Rates

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Tuesday, June 30, 2020

NY Workers Comp Insurance for Warehouse Storage Class Code 8292

To find the best NY Workers Comp Insurance for Warehouse Storage Class Code 8292, contact Enforce Coverage Group. We offer free quotes & policy evaluations with competitive workers compensation rates for business owners.

This post was first published on August 17, 2011, and updated on June 30, 2020.

NY Workers Comp Insurance for Warehouse Storage

Description: Code 8292 workers maintain the warehouse and its equipment and the receiving, handling and release of the merchandise from storage. This warehousing is of merchandise that is owned by another business. Hence the warehouse firm has no equity in the merchandise that is stored. This code applies to merchandise stored over long periods of time and will not break down during storage.

Firms that have a constant movement of goods should refer to freight handling codes such as 7228 or 7229.

Code 8292 usually applies when no other more specific code applies.

Materials Used: warehouse equipment; storage merchandise such as dry cement; rice; coffee; potatoes; peanuts or other nonperishable products.

Pricing: Solid companies with a good loss history can obtain better than average pricing on NYS Workers’ compensation rates.

Click here for rates

GENERAL MERCHANDISE STORAGE FACILITIES
Category: Warehouses and Storage
SIC CODE: 4225 General Warehousing and Storage
NAICS CODE: 493110 General Warehousing and Storage
Suggested ISO General Liability Code: 99938
Suggested Workers Compensation Code: 8292

Description of operations: General warehouses offer long- and short-term storage facilities to both business and residential customers for all types of transportable property. The length of storage varies from a few days to years, depending on the customer’s needs. Services may include packing, pickup, delivery, and unpacking as well as storage. Some sell boxes and packaging supplies. While many warehouses are associated with or are part of moving operations, others may be associated with or part of specific operations storing only a consistent type of stock, such as a parts warehouse for a machinery manufacturer. Some are located next to railroad sidetracks or on waterways for easier access to rail or water transportation. They may be subject to federal inspection and regulation.

Property exposures are high. Ignition sources include electrical wiring, heating, and air conditioning systems. The combination of faulty or inadequate electrical wiring and equipment malfunctions, open construction, and large quantities of combustible stored items and packaging materials can lead to a severe loss. All wiring must be up to code and adequate for the operations performed. The stored goods may have heavy fire loads. There must be adequate aisle space to allow firefighters to carry out their duties. When another party does the packing, the warehouse will not know the type of property being stored or its potential fire hazards. If the rack storage of crates and boxes is used, there should be sprinklers in the racks. The sprinkler heads must be located high enough to avoid accidental contact with forklifts, but with enough clear space from the racks to allow unobstructed operation in the event of a fire. In order to reduce catastrophic losses, firewalls and fire divisions should separate the storage areas. Good housekeeping and fire controls are critical. Smoking should be prohibited. Forklifts should be refueled in a separate, ventilated area away from combustibles. Stored property may be a target for thieves. Appropriate security controls must be taken including physical barriers to prevent entrance to the premises after hours and an alarm system that reports directly to a central station or the police department.

Business income and extra expense exposures are high as replacement facilities may not be readily available.

Inland marine exposures include accounts receivables if the warehouse bills customers, computers for tracking inventory, contractors’ equipment, valuable papers and records for customers’ and suppliers’ information, and warehouse operators’ legal liability. Contractors’ equipment includes forklifts, cherry pickers, and hand trucks used for moving stored items. All data should be duplicated and placed off site for easy replication.
Warehouse operators’ legal liability will depend on the contract between the facility and its customers but should spell out who is responsible for damage to stored goods. Any items in storage must be marked to prevent incorrect release. Goods in transit coverage is needed if the operation includes pickup and delivery of customers’ goods.

Crime exposure is from employee dishonesty. Pre-employment background checks, including criminal history, should be performed on all employees handling money. Storage operations involve a number of transactions and accounts that can be manipulated. Loading docks should be supervised to minimize employee theft of goods. There must be a separation of duties between employees handling deposits and disbursements and reconciling bank statements. Regular audits, both internal and external, are important in order to prevent employee theft of accounts. Receipts must be provided for all payments and compared to money received. If packing or unpacking services are offered, drivers, loaders, and unloaders will have access to customers’ premises, increasing the exposure to theft of customer property or customer identity theft.

Premises liability exposure is limited due to the lack of public access to the storage facilities. Customer access should be limited to specific waiting areas, which should be kept clean, dry, and free of obstacles. Proper attention to housekeeping is needed to prevent trips, slips, and falls. There should be a disaster plan in place for unexpected emergencies. Contracts with transportation and storage providers may expose the operation to additional liability. The facility may have a railroad sidetrack or dock. An employee should verify that no one is in the path of an incoming or outgoing train. Railroad tracks and conveyors can be attractive nuisances. The premises should be enclosed by fencing with “No Trespassing” signs posted. Packing or unpacking at customers’ premises could result in bodily injury should objects fall on customers, or cause damage to customers’ property.

Automobile exposure can be high if pickup or delivery services are provided. Children may be present during loading or unloading operations, requiring additional caution. All drivers must be well trained and have valid licenses for the type of vehicle being driven. MVRs must be run on a regular basis. Random drug and alcohol testing should be required. Vehicles must be well maintained, with records kept at a central location.

 

NY Workers Comp Insurance for Warehouse Storage

NY Workers Comp Insurance for Warehouse Storage

The post NY Workers Comp Insurance for Warehouse Storage Class Code 8292 appeared first on Enforce Coverage Group.

Monday, June 29, 2020

New York Workers Comp Insurance for Road Construction Class Code 5507

If your construction company builds or repairs streets, roads, or highways, then this worker’s comp insurance guide will help you understand if your operations are properly classified and that you have the right business coverage for your needs.

This post was first published on August 30, 2011, and updated on June 29, 2020.

New York Workers Comp Insurance for Road Construction Class Code 5507

Description: Code 5507 workers are engaged in street or road construction involving subsurface work. This means clearing of the right-of-way, earth excavating, and filling and grading. This work may include removal of detached rock or small boulders which may also be broken up. This is not mass rock excavation classification (refer to code 6717). This also includes sand and gravel digging when performed by contractors as a part of earth excavating and filling operations to place the roadbed at the proper grade.

Materials Used: Construction tools

Pricing: Solid companies with a good loss history can obtain better than average pricing on NYS Workers’ compensation rates.

Click here for rates

ROAD CONTRACTORS
Category: Contractors – Construction
SIC CODE: 1611 Highway and Street Construction, Except Elevated Highways
1622 Bridge, Tunnel, and Elevated Highway Construction
NAICS CODE: 237310 Highway, Street, and Bridge Construction
Suggested ISO General Liability Code: 99321, 99315, 91266, 91265
Suggested Workers Compensation Codes – New York Workers Comp Insurance for Road Construction: 5506, 5507, 5508

Description of operations: Street and road contractors build, maintain, or repair streets, highways, and interstates. After the route is designed and the land cleared, road construction consists of grading and compacting the earth, laying a bed of gravel, laying down the subsurface roadbed (usually of cast-in-place reinforced concrete), surfacing the road with the pavement, drying and curing, and marking lanes and crosswalks. Road contractors may perform all of these operations or just the subsurface work. Bridges, underpasses and viaducts, and projects over or near water involve additional steps. Surface work includes laying down the uppermost surface (“wearing surface”) which must withstand the wear-and-tear from tire friction and from the elements. The surface may be made of asphalt or concrete. A cold or hot mixture may be used for paving. Cold mixtures are often used for temporary repairs and patching as they can be used at lower temperatures, but they are not as strong or durable as a hot mix, which is a combination of asphalt and concrete. Operations may include transporting unwanted dirt and debris to dumpsites or bringing sand, gravel, and other materials to the job site. Hot mix plants (“batch plants”) that are transported to job sites generally produce paving materials, but smaller operations will purchase the hot mix and have it delivered to their job site.

Property exposures at the contractor’s own location are usually limited to an office and storage of material, equipment, and vehicles. Ignition sources include electrical wiring, heating, and air conditioning systems. If repair work on vehicles and equipment is done in the building, fire hazards may be high due to the storage and use of flammable gasoline and other fuel sources. The contractor’s yard may include piles of gravel, sand as well as large mixing, or batch plants awaiting transport to job sites. If equipment and supplies are stored in the yard, they may be damaged due to wind, vandalism, and theft. Appropriate security measures must be in place including lighting and physical barriers to prevent unauthorized access.

Crime exposure is from employee dishonesty. Background checks should be conducted prior to hiring any employee. All orders, billing, and disbursements must be handled as separate duties and annual external audits conducted.

Inland marine exposures are from accounts receivable if the contractor bills customers for services, contractors’ equipment, including hot mix plants, goods in transit, installation floater, and valuable papers and records for project plans, clients’ and suppliers’ information. Construction equipment is heavy and difficult to transport.

The training of drivers and haulers, especially with respect to the loading, tie-down, and unloading, is important to avoid damage from overturning or collision. At the job site, hazards come from uneven terrain, from the abrasive or caustic nature of some of the materials, or from the sheer weight of the surfacing material as it may exceed the equipment’s load capacity.

Tools and equipment may be damaged by dropping and falling from heights or being struck by other vehicles. Hot mix plants may overheat and catch on fire. Materials and equipment left at job sites may be stolen or vandalized unless proper controls are in place.

Jobs may involve placement of large precast concrete deck segments manufactured offsite, transported to the job, and lifted up onto bridge piers or other structures with a crane. Resulting hazards include instability due to overload and wind velocity, causing possible damage to both the crane and the building materials. Copies of project plans should be kept at an offsite location for easier restoration.

Premises liability exposure is low at the contractor’s premises since visitor access is limited. Equipment and materials stored in the open may present an attractive nuisance to children. If a hot tar process is used at the contractor’s premises, it poses a fire hazard as high winds may carry smoke and heat to adjacent properties. Contact with the tar or bitumen is a minor injury and property damage hazard.
At job sites, the contractor is responsible for the safety aspects of the entire project even after hours when there is no construction activity. Digging and excavation, the operation of heavy machinery and asphalt plants, and the weight of large mixers and mix-in-transit vehicles present numerous hazards to the public and to employees of other contractors. Hazards increase significantly in the absences of job site control, including spotters, signage, and barriers where appropriate. Road contractors must contend with vehicular, bicycle, and foot traffic. The smoke, dust, and noise generated by paving operations are often nuisance hazards. The uneven ground, hot tar, and heavy machinery may result in serious injuries to passersby and motorists, as well as property damage to adjacent vehicles, buildings, and residences. Grading and trenching may result in damage to underground lines or piping, some of which may be catastrophic. Serious traffic accidents may occur in the absence of an appropriate barricading system and clear marking of streets and roads that are closed. The party responsible for warning signs, barricades, and other precautions for drivers must be spelled out in any contract. Construction sites create an attractive nuisance hazard, especially if work is close to residential areas. Wet pavement, in particular, attracts children and vandals. Safety barriers such as perimeter fencing may be needed, especially if work is left uncompleted overnight. If the insured does do road work on bridges there may be hazards to persons and property due to falling objects. Work near water also poses unique hazards.

Completed operations hazards vary with the type of operations. Private driveways are generally low hazard work, while trip and fall hazards in a retail parking lot may result in a serious bodily injury loss. Most hazardous of all are airport tarmac and runway projects due to the catastrophic potential of an accident involving a plane full of passengers. Quality control and full compliance with all construction, material, and design specifications is necessary. Hazards increase in the absence of proper record keeping of customer specifications, work orders, change orders, as well as inspection and written acceptance of finished work by the customer.

Environmental impairment liability exposures may arise from the waste generated in the fueling and cleaning of heavy equipment, including mix-in-transit containers, but especially from the asphalt plant. Allowing waste to accumulate either at the job site or in the contractor’s yard could result in contamination of air, ground, or water supply. Collection, transportation, and disposal of waste must meet all federal and state requirements.

Professional liability exposures arise from the design of the project and the interpretation of specifications by the contractor’s engineers. Collapses under a load of traffic are rare but catastrophic. Other factors must be taken into account, including soil conditions for foundations, historic flood and tide levels, and especially wind shear. Due to prior bridge collapses, it is now mandatory that every bridge design is submitted to wind tunnel testing. Many contractors have engineers that will do incidental draft work, such as water drainage channels.

Automobile exposures are very high. Serious property damage or injury to passing pedestrians or motorists or to employees of other contractors can arise during loading and unloading of equipment and materials. Similar hazards are posed if trucks are used for grading of land or dump trucks are used for hauling sand and gravel. The bodily injury and property damage can be severe should hot tar be transported or the contractor uses mix-in-transit units, which are among the heaviest on the road, because of the potential of a unit overturning or being involved in a collision. Equipment unloading and setup may take place on uneven ground, or in undeveloped areas, posing an additional upset or overturn hazard. Long drives with oversized equipment may lead to driver fatigue and resulting accidents. Age, training, experience, and drivers’ records, as well as the age, condition, and maintenance of the vehicles, are all important items to consider. For long-term projects away from home base, personal use of company vehicles poses a concern. Similarly, employees may use their own vehicles on company business for long periods, especially to transport crews to the job site. All drivers must have appropriate licenses and acceptable MVRs. Vehicles must be maintained and the records kept in a central location.

Workers’ compensation exposures can be very high, especially for New York Workers Comp Insurance for Road Construction operations. Serious injuries or even fatalities may occur from vehicles during work on existing roads, particularly in the absence of an appropriate barricading system and clear marking of streets and roads that are closed. Working around the asphalt plants or with the hot mix can result in burns and inhalation of smoke or harsh chemicals. Other common hazards include back injuries, hernias, sprains, and strains from lifting, cuts, and puncture wounds from working with hand tools, foreign objects in the eye, and hearing impairment from cumulative exposure to high-decibel operations. The use, misuse, maintenance, and transport of large, heavy machinery present unique hazards that need review. Digging and grading of land may result in injury from underground electrical cable or gas lines. Work on viaducts, bridges, and ramps may involve some work at heights, with trip and fall hazards. Work over or near water and waterways poses an additional risk of drowning.

Minimum recommended coverage:
Business Personal Property, Employee Dishonesty, Accounts Receivable, Computers, Contractors’ Equipment, Goods in Transit, Valuable Papers and Records, General Liability, Employee Benefits Liability, Umbrella Liability, Business Automobile Liability, and Physical Damage, Hired and Nonownership Auto Liability, Workers Compensation

Other coverages to consider:
Building, Business Income with Extra Expense, Earthquake, Flood, Leasehold Interest, Real Property Legal Liability, Cyber liability, Employment-related Practices Liability, Environmental Impairment Liability, Professional Liability, Stop Gap Liability, Unmanned Aerial Vehicles (UAV) (Drones)

About Enforce Coverage Group

If you’re looking for the best New York Workers Comp Insurance for Road Construction, Enforce Coverage Group specializes in Workers Compensation and Business Insurance for companies in New York, Connecticut, New Jersey, and Pennsylvania. We are located at 1 Penn Plaza NYC with offices in Wilton CT and Huntington NY.

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Friday, June 26, 2020

NYS Workers Comp Code 0042 Landscape Gardening & Drivers Guide

NYS Workmens Comp Rate for Code 0042 for landscape workers 

This post was originally published on August 22, 2011, and updated on June 26, 2020.

Description: Code 0042 covers workers who cut grass, apply weed control, spray lawn and trees, layout grounds, spray/ fumigate, or planting trees, shrubs, flowers, or lawns. This code also includes brush clearing, planting of seedlings or transplants, cleaning, weeding, or improvement cutting for the purpose of promoting the growth of remaining trees. Any clearing and grading done by these workers are of the fine type necessary for finishing operations and do not result in changes to the contour of the land. This code includes sod or artificial turf installers.

Materials Used: Lawn or gardening tools; weed control chemicals; sprayers

Pricing: Solid companies with a good loss history can obtain better than average pricing on NYS Workers’ compensation rates.

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NYS Workers Comp Code 0042 Landscape Gardening & Drivers Guide

LANDSCAPE CONTRACTORS
Category: Casual and Artisan Contractors
SIC CODE: 0781 Landscape Counseling and Planning

0782 Lawn and Garden Services
NAICS CODES: 541320 Landscape Architectural Services
561730 Landscaping Services
Suggested ISO General Liability Code: 97047, 97050
Suggested Workers Compensation Codes: 0042, 9102, 0106

Description of operations: Landscape contractors design, install, and maintain outdoor spaces, combining plants and architectural features in a manner attractive to customers. Services offered may include installation of sod for a lawn, planting of trees, bushes, shrubs, flowers, and other plants, or the installation of retaining walls, fountains, walkways, or other architectural enhancements. Some landscape contractors will change the contours of the grounds, while others will limit their work to planting new or maintaining existing lawns and plants. Additional operations may include installation or winterization of underground sprinkler systems, tree trimming, nurseries or lawn, and garden shops.

Property exposures may be limited to an office and a storage yard for vehicles or equipment. Property exposures may include the use or sale of live and growing plants, shrubs, bushes, trees, or flowers. These may grow outside in a yard or in a structure such as a greenhouse. Both the structure and the growing stock are susceptible to damage by fire, wind, hail, and vandalism. The stock is also vulnerable to loss by frost and animals or insects. Specialty coverages designed specifically for growing stock may be needed. Older greenhouses may be subject to frequent glass breakage since they are typically made with the lowest grade of plate glass. Newer greenhouses are simply framed with plastic coverings that need frequent replacement as they tend to yellow or cloud in the weather and block out sunlight needed by plants. There may be backup systems or generators employed to prevent freezing or other temperature losses. Fire hazards can be high from the flammables used in the repair of vehicles or equipment, such as solvents and degreasers, and the chemicals in fertilizers and insecticides. These must all be well controlled, labeled, and separated with proper storage in the appropriate containers and storage facilities.

Crime exposures are from employee dishonesty. Background checks, including criminal histories, should be obtained on each employee prior to hiring. Ordering, billing, and disbursement should be handled as separate duties with reconciliations occurring regularly. There should be appropriate procedures in place when employees accept payments off-site.

Inland marine exposure includes accounts receivable if the landscaper offers credit to customers, contractors’ equipment, goods in transit, and valuable papers and records for customers’ and suppliers’ information. Equipment may include mowers, sprayers, cherry pickers for tree trimming, and trenchers for underground work. Goods in transit may be damaged by fire, collision or overturn. While the transport of fully grown trees for planting is rare, the stock may be of high value. Vehicles containing stock should be attended at all times.

Premises liability exposures can be light at the landscaper’s own premises if there is no public access. If there is a nursery, the exposure increases as customers may slip or fall on wet flooring or dirt or trip over equipment. Plants and equipment stored in the open can present an attractive nuisance.

At job sites, hazards include injury or damage from stones or other debris thrown by power mowers, trimmers, and other equipment. Tree trimming may result in falling tools, branches or debris that may injure persons, damage vehicles or other property, or fall onto power or communication lines. The use of chain saws on trunks or limbs and the use of chippers for disposal may result in flying debris that can cause serious bodily injury.

The areas of operation should be restricted by barriers and proper signage to protect the public from slips and falls from spills and equipment and supplies impeding access. The application of lawn chemicals presents both premises and completed operations hazards that could result in serious long-term injury, illness, or disease to customers and passersby. Overspray from operations could result in small but frequent property damage losses. Contractors who do not obtain and keep proper licensing and certification for chemical applications create a serious liability exposure to themselves.

Environmental impairment exposure is significant. The application of chemicals can result in damage to air, soil, or groundwater. The landscaper must comply with all federal, state, and municipal regulations regarding the use and disposal of chemicals and waste products. Employees who handle chemicals must have the appropriate licenses and certifications individually.

Automobile exposures can be very limited if the service is maintenance only and does not supply plants. If plants and large trees are transported, the exposure increases due to the possibility of the load being involved in a collision or overturn. Vehicles may be custom designed with specialty equipment, such as lifts, cherry pickers, and tree planting or removal equipment. Drivers should be aware of and be able to perform cleanup procedures in the event of a collision or vehicle overturn. All drivers must be well trained and have valid licenses for the type of vehicle being driven. MVRs must be run on a regular basis. Random drug and alcohol testing should be conducted. Vehicles must be well maintained with records kept in a central location.

Workers’ compensation exposures are high due to the operation of machinery and equipment, work at heights, work on uneven ground, and exposure to underground or above-ground cables and lines. The use of power-cutting equipment can result in cuts and possible amputations. Back injuries, hernias, sprains, and strains can result from lifting. Chemical applications may cause lung problems along with allergic reactions and other more serious complications. Casual labor, seasonal workforce, and high turnover present a significant loss control challenge.

Minimum recommended coverage:
Business Personal Property, Employee Dishonesty, Contractors’ Tools and Equipment, General Liability, Employee Benefits Liability, Umbrella Liability, Automobile Liability, and Physical Damage, Hired and Nonownership Auto, Workers Compensation

Other coverages to consider:
Building, Business Income with Extra Expense, Crop Insurance, Earthquake, Flood, Hail Insurance, Leasehold Interest, Real Property Legal Liability, Accounts Receivable, Computers, Goods in Transit, Installation Floater, Valuable Papers and Records, Cyber liability, Employment-related Practices Liability, Environmental Impairment Liability, Stop Gap Liability

About Enforce Coverage Group

We specialize in Workers Compensation and Business Liability Insurance for businesses in Connecticut, New York, Pennsylvania and New Jersey. Find out more about NYS Workers Comp Code 0042 Landscape Gardening & Drivers rates and coverage to make sure your landscaping business is protected. Call Enforce today!

NYS Workers Comp Code 0042 Landscape Gardening & Drivers Guide

The post NYS Workers Comp Code 0042 Landscape Gardening & Drivers Guide appeared first on Enforce Coverage Group.