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    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART TWO - CLASSIFICATION CODE INTERPRETATIONS
      Welding or Cutting – NOC – All Operations to Completion & Drivers
      Notes:

      Applies to both shop and outside work and incidental machining operations connected therewith.

      Description:

      Code 3365 applies to employers engaged in all types of contract welding or cutting operations which are not otherwise classified (NOC).  This classification contemplates welding or cutting operations performed by specialist contractors engaged in both shop and/or outside work.  It also includes incidental machining operations connected therewith.  Also contemplated by this classification is welding bridge floor gratings or plates set in place by others and welding all other structures except tunnels under air pressure by welding members put in place by others. 

      Specialists engaged in automated or computerized welding or cutting operations are additionally contemplated by this classification.  The equipment that these specialists may employ in their operations includes, but Is not limited to, automatic robotic arms, macroscopics, saws, lasers, waterjets, plasma torches, and CNC cutting tables.

      Assignment by Analogies:
      Operations To Be Separately Rated:
      1. Welding work performed:
        1. In connection with demolition jobs.  Demolition cutting.  Refer to Code 5709 “Wrecking – Not Building or Marine Wrecking – All Operations to Completion” or Code 5701 “Wrecking – Buildings – Not Marine – All Operations to Completion & Drivers.”
        2. In connection with oil or gas pipe line construction.  Refer to Code 6233 “Gas or Oil Pipeline Construction – All Operations to Completion & Drivers.”
        3. Welding work performed under air pressure.  Refer to Code 6252 “Shaft Sinking – All Operations to Completion.” 
    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART TWO - CLASSIFICATION CODE INTERPRETATIONS
      Street or Road Construction – Sub-Surface Work – All Operations to Completion & Drivers
      Notes:

      A complete road building job requires payroll division between Codes 5507 and 5506 “Street or Road Construction – Paving or Repaving – All Operations to Completion & Drivers”, along with any other classes contemplated by the work performed.

      Description:

      Code 5507 applies to employers that perform street or road construction involving sub-surface work.  This classification includes the clearing of right-of-way, earth excavating, and filling and grading when performed by the principal street or road contractor or other employer street or road subcontractors.  In connection with earth excavation, it is not uncommon that some detached rock or small boulders may be removed and broken up.

      This classification also includes sand and gravel digging when performed by contractors as part of, and incidental to, its earth excavating and filling operations to place the roadbed at the proper grade.  Additionally, it is customary for contractors who cut and fill the final grade of the earth foundation to put in small bridges or culvers, provided that the clearance is not more than 10 feet at any point or the distance between terminal abutments does not exceed 20 feet.  Street or road contractors who widen or change the line or grade of the subsurface roadbed of existing streets or roads are also classified under this classification.  This classification is also applied to street or road construction contractors or specialist who excavate, grade, lay the crushed stone base and install concrete drains in connection with the installation of artificial turf for baseball and football stadiums.

      Assignment by Analogies:

      • Dam construction or lock construction – roads – permanent – earth excavating
      • Excavation – street or road – no rock excavating
      • Municipalities, sub surface work – bed preparation

      Operations To Be Separately Rated:
      1. Bridge building, bridge or culvert building where clearance is more than 10 feet at any point or the entire distance between terminal abutments exceeds 20 feet.  Refer to Code 5222 “Concrete Construction in Connection with Bridges or Culverts – All Operations to Completion.”

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

      3. Road paving.  Refer to Code 5506 “Street or Road Construction – Paving or Repaving – All Operations to Completion & Drivers.”

      4. Rock excavation.  Refer to Code 5508 “Excavation – Rock – All Operations to Completion & Drivers.”

      5. Tunneling - Pneumatic or Not Pneunamatic.  Refer to Code 6251 “Tunneling –  All Operations to Completion & Drivers."
    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART TWO - CLASSIFICATION CODE INTERPRETATIONS
      Railroad Construction – All Operations to Completion & Drivers
      Notes:

      Separately rate bridge building, tunneling, laying or relaying of tracks or construction of elevated railroads.  

      For procedure in connection with “Federal Employers Liability Act” and Voluntary Coverage, refer to Rule XII Section (B)(2) of this Manual. 

      Description:

      Code 6701 applies to employers engaged in railroad construction.  Includes clearing the right-of- way and preparing of the roadbed.  This classification includes all operations to completion, bridge building, tunneling, laying or re-laying of tracks, and construction of elevated railroads.

      Assignment by Analogies:
      Operations To Be Separately Rated:
      1. Bridges – iron – installation – including elevated highways or railroads.  Elevated railroad construction.  Refer to Code 5040 “Iron or Steel Erection – Frame Structures – All Operations to Completion.”

      2. Marine railway operations.
        1. Coverage under State Act.  Refer to Code 6882 “Ship Repair or Conversion – All Operations & Drivers – Coverage Under State Act Only.”
        2. Coverage under U.S. Act.  Refer to Code 6872F “Ship Repair or Conversion – All Operations & Drivers – Coverage Under U.S.  Act.”
      3. Railroad: 
        1. Car manufacturing.  Refer to Code 3881 “Car Mfg. – Railroad & Drivers.”
        2. Construction – laying or re-laying tracks – no work on elevated railroads.   Maintenance of right-of-way – by contractor – no work on elevated railroads.  Refer to Code 7855 “Railroad Construction – Laying or Re-laying Tracks – No Work on Elevated Railroads – All Operations to Completion & Drivers.”
        3. Operation; railroad freight terminals – operated by railroad employees.  Refer to Code 7133 “Railroad – All Employees & Drivers.” 
      4. Tunneling – Pneumatic or Not Pneumatic.  Refer to Code 6251 “Tunneling – All Operations to Completion.”
    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART ONE - RULE I:
      D. REPORTING REQUIREMENTS
      1. Policies and Renewals

        Copies of all policy Information Pages and renewal certificates must be reported to the Rating Board within thirty (30) days after the effective date of the policy. In addition, proof of coverage must be filed, in electronic format, with the New York State Workers’ Compensation Board within thirty (30) days after the effective date of the policy.

      2. Endorsements

        1. Except as noted in (i) and (ii) below, a copy of every endorsement affecting coverage in New York State must be reported to the Rating Board within thirty (30) days after issue. It is not necessary, however, to report a copy of any endorsement that does not require the insertion of any information relating to coverage on the endorsement, provided:

          1. Specimen copies of carrier-specific endorsements have previously been submitted to the Rating Board.
          2. The identification number and title or authorized symbol of the endorsement is shown on the Information Page that was reported to the Rating Board.
        2. Endorsements showing a name change, additional insured, additional location, classifications or rates must be submitted within thirty (30) days of the applicable change date.
      3. Cancelations or Reinstatements

        As provided by Law, notice of cancellation or reinstatement must be reported to the Rating Board.

      4. Classifications

        1. Authorized Classifications

          Authorized classifications are those that are determined by the Rating Board following a routine, random, or requested review of an employer’s business operation. Each policy insuring a risk for which the classification has been authorized by the Rating Board must be written in accordance with that authorized classification.

        2. Non-Authorized Classifications

          Non–Authorized classifications are those that have not been determined by the Rating Board. Each policy insuring a risk for which the classification has not been authorized by the Rating Board will be written in accordance with classification procedures contained in this Manual and bulletins issued by the Rating Board.

        3. Experience Rated, Non-Experience Rated, and Merit Rated Employers

          Policies for experience rated, non-experience rated, and merit rated employers must be written in accordance with classification procedures contained in this Manual. For these risks, prior Rating Board approval to use a specific classification is not required unless the classification(s) was previously authorized for the risk.

          Note: Experience rating or merit rating factors promulgated by the Rating Board are to be reported on policies. Refer to the New York Experience Rating Plan Manual for rules and procedures applicable to the Experience Rating Plan and the Merit Rating Plan.

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What is the Digital Library?
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.