The New York Compensation Insurance Rating Board has announced a rule change that clarifies which operations should and should not be assigned to the marina classifications. The board also made the telecommuter classification more specific. If you provide Workers' Compensation insurance for these types of operations, you may want to inform your clients.
The New York Workers' Compensation Manual has two classifications for marinas - code 6826F for employers subject to the U.S. Longshore and Harbor Workers’ Act, and code 6836 for employers who are subject only to the New York Workers' Comp law. The new rules clarify that these classifications apply to employers that have "boat docks, storage facilities, repair shops, and marine railways."
The state Department of Financial Services has approved loss costs of $4.64 per $100 of payroll for code 6826F and $3.29 for code 6836. Loss costs are used to develop the Workers' Compensation insurance premium. However, the rule change clarifies that these classifications do not apply to:
- Building of boats up to 150 feet long
- Building or repair of wood boats exclusively
- Boat rental or livery
- Boat salespersons selling boats
- Lifeguards at onsite swimming pools
- Store operations
There are separate classifications for employees engaged in these operations.
The board also clarified that classification code 8871, Telecommuter Clerical Employees, applies only to employees who spend "more than 50 percent of their time performing clerical or drafting functions from their residence." The loss cost for this classification is $0.16 per $100 of payroll.
The rule changes take effect on Jan. 1, 2021.