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    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART TWO - CLASSIFICATION CODE INTERPRETATIONS
      Mining – NOC – With Shafts, Tunnels or Drifts & Drivers
      Notes:

      Includes the construction, repair or maintenance of all buildings, structures or equipment and the installation of machinery.

      Code 1170 and Code 1624 “Quarry – NOC & Drivers” shall not be assigned to the same risk unless the operations described by these classifications are conducted as separate and distinct businesses.

      Description:

      Code 1170 applies to employers engaged in the underground mining of ores or minerals.  Underground areas are accessed by tunnels, shafts, or drifts.  The materials are reached by sinking shafts and by driving rifts or cross-cuts through them.  The ore or mineral rock is first loosened by drilling and blasting with explosives, then loaded into mine cars and hauled outside or to a shaft where it is hoisted to the surface.  The material may be processed or partially processed at the mine site before it is transported to the customer or to another site for processing.

      Equipment used includes timber, wire rope and miscellaneous steel for bracing tunnels, etc., track and mine cars, rock drills, ventilation equipment, air and water pipes, air compressors, wiring and electrical switches for lighting and blasting equipment.

      Assignment by Analogies:

      • Borax
      • Fluorite
      • Gold – in drifts, shafts or tunnels 
      • Graphite – natural
      • Gypsum
      • Lead – natural
      • Manganese 
      • Mica 
      • Molybdenum 
      • Nickel
      • Silica 
      • Talc – 5 percent or less free silica

      Operations To Be Separately Rated:
      1. Manufacturing:
        1. Brick, tile or earthenware and brick, clay or refractory products.  Refer to Code 4024 “Brick Mfg. – NOC – Fire or Enameled & Drivers.”
        2. Mica goods.  Refer to Code 1853 “Mica Goods Mfg. & Mica Preparing.”
        3. Pottery.  Refer to Code 4053 “Pottery Mfg. – China or Tableware,” Code 4061 “Pottery Mfg. – Earthenware – Glazed or Porcelain – Hand Molded or Cast” or Code 4062 “Pottery Mfg. – Porcelain Ware – Mechanical Press Forming.”
        4. Rock wool.  Refer to Code 1701 “Cement Mfg.”
        5. Terra cotta.  Refer to Code 4053 “Pottery Mfg. – China or Tableware.”
      2. Producing or refining salt, borax or potash.  Refer to Code 4568 “Salt, Borax or Potash Producing or Refining & Drivers.”

      3. Flint or silica grinding.  Refer to Code 1741 “Flint or Spar Grinding & Drivers.”

      4. Phosphate works.  Refer to Code 1452 “Ore Milling & Drivers.”

      5. Quarrying.  Refer to Code 1624 “Quarry – NOC & Drivers.”

      6. Stone cutting or polishing.  Refer to Code 1809 “Stone Cutting or Polishing – Marble or Limestone & Drivers” or Code 1810 “Stone Cutting or Polishing – NOC & Drivers.”

      7. Surface mining at the same or separate location of shaft, tunnel, and drift mining.  Refer to Code 1624 “Quarry – NOC & Drivers.”

      8. Talc milling.  Refer to Code 1747 “Emery Works & Drivers.”

    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART ONE - RULE I:
      B. STANDARD POLICY

      Standard Policy means the standard provisions of the “Workers’ Compensation and Employers’ Liability Insurance Policy” (WC 00 00 00 C) and the “Information Page” (WC 00 00 01 A) approved by the New York State Department of Financial Services. Every policy affording coverage under the New York State Workers’ Compensation Law must include the following endorsements and premium elements.

      MANDATORY ENDORSEMENTS

      Number Version Name Effective
      WC 00 04 14 A 90-Day Reporting Requirement – Notification of Change in Ownership Endorsement 01/01/19
      WC 00 04 19   Premium Due Date Endorsement 01/01/01
      WC 00 04 21 E Catastrophe (Other Than Certified Acts of Terrorism) Premium Endorsement 01/01/21
      WC 00 04 22 C Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement 01/01/21
      WC 31 03 08*   New York Limit of Liability Endorsement 04/04/84
      WC 31 03 19* J New York Construction Classification Premium Adjustment Program Explanatory Endorsement 05/01/20
      WC 31 06 18 A New York Workers’ Compensation Policyholder Notice of Right to Appeal 03/01/15

      *These endorsements are not mandatory for the Volunteer Firefighters’ Benefit Law Policy and the Volunteer Ambulance Workers’ Benefit Law Policy.

      Exception: Policies covering employees subject to the New York Volunteer Firefighters’ Benefit Law or the New York Volunteer Ambulance Workers’ Benefit Law must be written only by means of a “Volunteer Firefighters’ Benefit Law Policy” (WC 31 00 00 B) or a “Volunteer Ambulance Workers’ Benefit Law Policy” (WC 31 00 02 B), respectively.

      MANDATORY PREMIUM ELEMENTS

      Statistical
      Code
      DescriptionEffective
      9740Terrorism Premium Charge02/24/06
      9741Natural Disaster & Catastrophic Industrial Accidents Premium Charge10/01/05
      9749New York Workers’ Compensation Security Fund Surcharge10/01/05

      Note: The Mandatory Premium Elements also apply to the “Volunteer Firefighters’ Benefit Law Policy” (WC 31 00 00 B) and the “Volunteer Ambulance Workers’ Benefit Law Policy” (WC 31 00 02 B).

    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART ONE - RULE II:
      F. VOLUNTEER FIREFIGHTERS’ COVERAGE
      1. Description of Coverage
        The “Volunteer Firefighters’ Benefit Law Policy” (WC 31 00 00 B) provides coverage for the statutory obligations required under the Volunteer Firefighters’ Benefit Law and must provide employers’ liability coverage comparable to Part Two of the Standard Policy.  In addition, the “Catastrophe (Other Than Certified Acts of Terrorism) Premium Endorsement” (WC 00 04 21 E) and “Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement” (WC 00 04 22 C) must be attached to each Volunteer Firefighters’ Benefit Law policy.   
      2. Group Insurance
        The Volunteer Firefighters’ Benefit Law (VFBL) contains provisions that allow for group insurance.  Under Section 32.1 of the VFBL, any town may obtain a single policy covering all fire protection districts and fire alarm districts within the town.  Under Section 32.2, a group policy may be issued to a group of cities, villages, fire districts or town boards located within one county.  Section 32.2 group insurance requires that:
        1. the governing board of each member fire district resolves to be insured under the group policy, and that each such resolution shall be filed with the chairman of the county board of supervisors;
        2. the group file with the chairman of the county board of supervisors an agreement executed by each member fire district agreeing to the effective date of the policy and the population of each fire district;
        3. the chairman of the county board of supervisors contract for a policy of insurance covering the group’s members;
        4. the cost of such insurance be apportioned among the group’s members based on population; and
        5. the county treasurer shall pay for the cost of such insurance.

        The New York State Insurance Law also contains provisions for group insurance under Section 3435, provided group members are either public entities or Type B not-for-profit Organizations.  The New York State Insurance Law and Regulations require the group to:
          1. be homogenous in nature;
          2. be formed for purposes other than obtaining insurance; and
          3. consist of at least ten (10) members; or a smaller group of at least five members provided that each member generates at least $5 million in annual revenue or the annual premiums for all lines of such group exceeds $500,000.

        Refer to Section 32 of the Volunteer Firefighters’ Benefit Law, Section 3435 of the New York State Insurance Law and 11 NYCRR 153 of the New York State Insurance Law Regulations for provisions related to group insurance.
      3. Premium
        The premium for the Volunteer Firefighters’ Benefit Law Policy is a flat charge which varies, based on the population of the area(s) served when a single policy is issued or when a single policy of group insurance is issued covering all fire protection districts and fire alarm districts within the town.  When a group policy is issued covering a group of cities, villages, fire districts or town boards located within one county, the population of all members of the group may be aggregated to determine the group policy premium.  Refer to the Volunteer Firefighters section shown under “Miscellaneous Values” pages in Part Three – Loss Costs of this Manual for an explanation of procedures and charges for this coverage.
    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART ONE - RULE II:
      G. VOLUNTEER AMBULANCE WORKERS’ COVERAGE
      1. Description of Coverage
        The “Volunteer Ambulance Workers’ Benefit Law Policy” (WC 31 00 02 B) provides coverage for the statutory obligations required under the Volunteer Ambulance Workers’ Benefit Law and must provide employers’ liability coverage comparable to Part Two of the Standard Policy.  The “Catastrophe (Other Than Certified Acts of Terrorism) Premium Endorsement” (WC 00 04 21 E), the “Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement” (WC 00 04 22 C) must be attached to each Volunteer Ambulance Workers’ Benefit Law policy.
      2. Group Insurance
        The Volunteer Ambulance Workers’ Benefit Law (VAWBL) contains provisions that allow for group insurance.  Under Section 32.1 of the VAWBL, any town may obtain a single policy covering all ambulance districts within the town.  Under Section 32.2, a group policy may be issued to a group of cities, villages, ambulance districts or town boards located within one county.  Section 32.2 group insurance requires that:
        1. the governing board of each member ambulance district resolves to be insured under the group policy, and that each such resolution shall be filed with the chairman of the county board of supervisors;
        2. the group file with the chairman of the county board of supervisors an agreement executed by each member ambulance district agreeing to the effective date of the policy and the population of each ambulance district;
        3. the chairman of the county board of supervisors contract for a policy of insurance covering the group’s members;
        4. the cost of such insurance be apportioned among the group’s members based upon population; and
        5. the county treasurer shall pay for the cost of such insurance.

        The New York State Insurance Law also contains provision for group insurance under Section 3435 provided group members are either public entities or Type B not-for-profit organizations.  The Insurance Law and Regulations require the group:

        1. to be homogeneous in nature;
        2. to be formed for purposes other than obtaining insurance; and
        3. to consist of at least ten (10) members; or a smaller group of at least five members provided that each member generates at least $5 million in annual revenue or the annual premiums for all lines of such group exceeds $500,000.

        Refer to Section 32 of the Volunteer Ambulance Workers’ Benefit Law and Section 3435 of the New York State Insurance Law and 11 NYCRR 153 of the New York State Insurance Law Regulations for provisions related to for group insurance.

      3. Premium
        The premium for a Volunteer Ambulance Workers’ Benefit Law Policy is a flat charge per ambulance.  The charge is not cumulative in the event of substitution of ambulances during the policy period, but shall be cumulative if more than one ambulance is owned or operated during the same policy period regardless of whether or not coverage is written on a single policy basis or as a group policy subject to the provisions of Section 32.2 of the Volunteer Ambulance Workers’ Benefit Law.  The charge is prorated for ambulances owned or operated for part of the policy period.

        Notes: For purposes of this rule an ambulance shall mean any ambulance or first response vehicle that transports either patients or personnel.

        Antique ambulances or any other ambulance used solely for parade or ceremonial purposes and equipped with vintage or historical license plates are exempt from a premium charge.  A copy of the registration of the vehicle must be submitted to the carrier to be eligible for the premium waiver.

        The premium and losses incurred are reported under Code 7370.  The loss cost per ambulance is shown under "Miscellaneous Values" pages in Part Three - Loss Costs of this Manual.

    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART ONE - RULE VI:
      C. EXPENSE CONSTANT
      1. Explanation

        The Expense Constant is a premium charge which applies to every policy.  It covers expenses such as those for issuing, recording, and auditing, which are common to all workers’ compensation policies regardless of premium size.

      2. Amount

        The Expense Constant is the carrier’s approved expense constant as shown on the Information Page.  Refer to Rule IX for the Expense Constant charge on a canceled policy, Rule X for the Expense Constant on a long-term policy, and to Rule XIII for Expense Constant on a policy that insures only domestic workers of this Manual.

        For multi-state policies, allocate the expense constant to the state with the highest applicable expense constant.  If two or more states have the same highest expense constant, allocate it to the state developing the highest standard premium.

        Full expense constant must be charged for short-term policies.  

        Exceptions:

        Expense constant is prorated when short-term policies are issued:
        1. To replace a binder; or
        2. Solely to establish consistent effective dates with other insurance policies.

        Note: The expense constant shall not be prorated because of any change in operations during the term of the policy.

        The expense constant charged at the inception of the policy will not change when a state is added or deleted during the policy term.

      3. Premium Discount, Experience Rating, Retrospective Rating, Merit Rating, and Terrorism Charge

        The Expense Constant is not subject to premium discount, experience rating modification, retrospective rating adjustment, merit rating factor, or the additional charge for the Terrorism Risk Insurance Program Reauthorization Act of 2019.

      4. Minimum Premium

        The Expense Constant is included in the carrier’s minimum premium for each classification and shall not be added if the carrier’s minimum premium becomes the final premium for the policy.

      5. Information Page

        The Expense Constant shall be shown on the Information Page.

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The Digital Library is a feature enhanced, database driven version of our Workers' Compensation Manuals, Plans and References. The conversion from text publications to database driven web applications is intended to benefit our Users, Members and Subscribers with faster, easier and more accurate information regarding the New York Workers Compensation rules, procedures and protocols. All of the information in prior PDF publications has been captured and retained; and in most cases this information has been enhanced either aesthetically and/or functionally.

What's New?
Noted changes to past procedures would include changing the page reference identification system from "page based" (e.g., R-1, R-50, R-70) to "paragraph based" (e.g., Rule 3 - Paragraph D). A new Revision History feature has been adapted in support of this new reference system. For instance, each Paragraph of each Rule now contains a complete history of revisions for that specific Paragraph while also retaining an archived history of prior versions of that Paragraph dating back to the Original Printing of the Manual. A listing of the latest revisions are available for the entire Manual by selecting the History icon at the top of the users screen.