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INTRODUCTION
These guidelines were developed to assist AERA members establish the correct and lowest cost premium rate for their workers compensation insurance. In most states, AERA members are classified as Machine Shops Code 3632 for workers compensation insurance. If members can qualify for a lower premium rate classification category, a significant premium savings can be achieved. This publication will:
1. Describe how the current workers compensation classification system works.
2. Identify a lower premium rate classification category AERA members may be eligible for.
3. Provide guidance on how AERA members can obtain this lower premium rate classification.
Workers compensation insurance premiums are determined by classifying employees and their payroll into the appropriate job classification code. A premium rate for each classification code is then applied to the payroll in each classification to determine the base premium. For AERA members, the typical job classification codes used are the following:
Classification
Code |
Description |
3632
|
Machine Shop |
3629
|
Precision
Machined Parts Manufacturing |
3827
|
Automobile
Engine Manufacturing |
8046
|
Store:
Automobile Accessories - Retail |
8810
|
Clerical |
8742
|
Outside
Salespersons |
7380
|
Drivers/Chauffeurs |
The above classifications are from the National Council on Compensation Insurance (NCCI). NCCI functions as a rating bureau for workers compensation insurance. In most states (31), it functions directly as the governing body in establishing job classification categories, inspections of businesses to establish proper job classification categories and the collection of ratemaking statistics. In the other states, it usually functions as a key advisor to independent state rating bureaus.
Appendix I at the end of these guidelines identifies NCCI states versus independent rating bureau states. Many independent rating bureau states use the same classification codes developed by NCCI. Some states use their own coding system. AERA members need to establish which classification codes apply to them in their individual state of operations. This information can be found on your current workers compensation policy. The policy should contain a schedule by state of operation showing the classification description, code number, premium basis (payroll) and premium rate for the employees located in a particular state. Your local insurance agent can be used as a resource if you need assistance.
Typically, AERA member employees operating machines have been classified under the Machine Shop Code 3632 category by NCCI. AERA members can benefit if their business operations can qualify for the Precision Machine Parts Manufacturing Code 3629 category. In most states, this Precision Machine Parts Manufacturing category has a premium rate about 40% lower than the Machine Shop Code 3632 category. The following will describe how this workers compensation classification system works and how AERA members can work to obtain the lowest premium rate category for their workers compensation insurance.
THE CURRENT SYSTEM
Basic/Governing Classification Category
The object of the NCCI job classification procedure is to assign the one basic classification that best describes the business of the employer within a state. Subject to certain exceptions, each job classification includes all the various types of labor found in a business. It is the business that is classified, not the individual employments, occupations or operations within a business. Therefore, one basic or governing classification is usually established for the business as a whole. Of course, there are certain exceptions to this rule, but the exceptions are limited and clearly defined in the NCCI rules.
The basic or governing classification for a particular firm is the one that produces the greatest amount of payroll for the business operations. This is the primary criteria used to establish the basic job classification category for a particular employer.
Exceptions to the Basic/Governing Classification Rule
Some occupations are so common to businesses in general that they have been established as standard exception classifications. These Standard Exception Classifications are:
1. Clerical Office Employees (Code 8810). These are employees engaged exclusively in bookkeeping, recordkeeping, correspondence and other office work. These employees must work in areas physically separated from other business operations, e.g. separate office space. They also must exclusively perform clerical office work, i.e. they can have no other job functions. For example, employees cannot work part-time stocking auto parts and part-time performing office functions and be classified as clerical employees.
2. Drivers, Chauffeurs and Their Helpers (Code 7380). This classification covers employees engaged in driving vehicles such as the delivery of parts.
3. Salespersons, Collectors or Messengers - Outside (Code 8742). These employees are engaged in duties away from the employer's premises.
Payroll that applies to employees falling into the above categories is separated out from the basic/governing classification code for the business.
When Additional Job Classification Categories Can Apply
There are certain conditions under which more than one basic classification can be assigned to an individual business. Separate job classification categories can be added for a business when portions of a firm's total business operations in a state are separate undertakings or enterprises. To qualify as a separate undertaking or enterprise, the portion of the firm's business to be separately classified must meeting the following criteria:
1. The operation separately classified is not ordinarily within the scope of the firm's principal business.
2. The separately classified operation could exist as a separate business if the firm's other operations ceased to exist.
3. Separate financial records are maintained for the separately classified business.
4. Each separately classified business is physically separated by structural partitions.
For AERA members, a separate job classification category could be the sale of automobile parts and accessories. This could apply where a separate automobile parts store operation is done in conjunction with an automobile rebuilding operation. The parts store operation would need to meet the criteria described above.
KEY CLASSIFICATION
CATEGORIES
NCCI States - Machine Shop Code 3632 Classification
Traditionally, automobile engine rebuilders have been placed in this job classification category. In fact, the Scopes Manual, an NCCI reference manual, specifically states that automobile engine rebuilding should be classified in this category. A copy of the Scopes Manual entry for this classification is contained in Appendix II for reference. For AERA members in non-NCCI states, the specific classification description used in that state should be obtained for review. Your workers compensation insurance agent or the local workers compensation regulatory authority can be contacted to help obtain this information.
NCCI States - Precision Machine Parts Manufacturing Code 3629 Classification
As mentioned previously, the basic or governing job classification category for a firm is determined by the greatest amount of employee payroll doing a particular kind of work. This Precision Machine Parts Manufacturing Category applies to firms where not less than 50% of all machining operations performed by the firm are held to final tolerances of .001 inches or closer. If an AERA member can demonstrate to NCCI inspectors that 50% or more of its payroll comes from employees who perform operations where the final tolerances are held to .001 inches or closer, the firm should be able to be classified as a Precision Machine Parts Manufacturing (Code 3629) Operation. This should result in a substantial workers compensation insurance premium savings. A description of the Precision Machine Parts Manufacturing Category taken from the NCCI Scopes Manual is contained in Appendix II for reference.
A Special Rule Applies in the State of Illinois
In Illinois, the Precision Machine Parts Manufacturing Category applies where the firm can show that 50% or more of the parts produced require a machine tolerance of .001 or closer. For AERA members, the Illinois special rule is an easier criteria to meet. Many AERA members in Illinois have successfully had their basic classification changed from Machine Shop - Code 3632 to Precision Machine Parts Manufacturing - Code 3629. Unfortunately, Illinois is the only state to have this special rule at this time.
To assist AERA members in evaluating their own operations to see if they might be eligible for the Precision Machine Parts Manufacturing Classification, Appendix III contains a chart outlining the major types of operations conducted by members and the typical parts machined by these operations.
Non-NCCI States
Eight of the nineteen independent
state rating bureaus who do not belong to NCCI, still use NCCI's
job classification rating system. These eight states are
identified in Section A of Appendix II.
If an AERA member is located in
one of these eight states, they may be able to get the state to
agree to classify them as a Precision Machine Parts Manufacturing
Category using the same approach suggested for NCCI state
jurisdictions. These states should have a job classification
inspection system in place similar to the ones that operate in
the NCCI states. The objective for AERA members should be the
same, i.e. show that 50% or more of your payroll comes from
employees who perform operations where the final tolerance are
held to .001 inches or closer.
Eleven states are independent from
NCCI and use their own system to code and classify automobile
engine rebuilders. AERA members in these states will need to
research how these states specifically classify automobile engine
rebuilding operations.
In California, automobile engine
rebuilders have already been segregated into a separate
classification by themselves. As such, AERA members in California
should not be concerned with trying to change their
classification category. They already have their own separate
category.
In New Jersey, the Precision
Machine Parts Manufacturing Classification is not an approved
category. AERA members in New Jersey will not be able to obtain
this job classification change.
Two of these eleven states,
Deleware and Pennsylvania, still classify automobile engine
rebuilders as "machine shops". They just use a
different code number from the NCCI code of 3632. In these
states, it may be possible to argue that a Precision Machine Tool
Manufacturing class should be used instead of the Machine Shop
class.
In the remaining seven non-NCCI
states, AERA members should check to see how general machine shop
operations are classified. A single classification code category
may encompass many types of machining operations. The same
classification code number may be assigned to various titles.
Just relying on the title of the category can be deceiving.
If automobile engine rebuilders
are being lumped into a job classification category that includes
general machine shops and other businesses not compatible with
the precision machine work being done within your operations, it
may be worthwhile to challenge this classification and request an
inspection of your operations for job classification purposes.
HOW TO GET YOUR JOB
CLASSIFICATION CATEGORY CHANGED
Only the appropriate workers
compensation regulatory authority in your particular state can
change a job classification category for your firm. An individual
insurance agent or insurance company does not have the authority
to institute such a change. Be careful of any agent or insurance
company who claims to be able to do this. If your job
classification category is not changed officially by the
regulatory authority, you could be liable for additional back
insurance premiums at a future date if the change was not an
official one.
For 31 states, NCCI is the
official regulatory authority empowered to change a job
classification category. In 6 states (Nevada, North Dakota, Ohio,
Washington, West Virginia and Wyoming), workers compensation
insurance is provided only through a monopolistic state fund and
you will need to deal with the appropriate state agency
responsible for regulating this state fund. In the remaining 13
states, independent workers compensation rating bureaus have the
authority to change job classification categories. Your local
insurance agent should be able to assist you in contacting the
appropriate organization.
If you believe your firm can
qualify to have its basic/governing classification category
changed to another more favorable category, you will need to
request a classification inspection from the appropriate
regulatory authority. There will probably be a charge for this
inspection. At present, NCCI charges an inspection fee of $150.
Your insurance agent may be able to get your workers compensation
insurance company to pay this fee, but don't count on it. Still,
it is worth asking your insurance agent about this possibility.
Best Chances For Success
AERA members' best chance for
success are those states (NCCI and independent) that classify
automobile engine rebuilders as Machine Shop Code 3632. Refer to
Appendix I to identify these states. The next best chance of
success are those independent states that classify automotive
engine rebuilders as machine shops, but use a different code
numbering system.
For AERA members located in
California, Michigan, Texas, Washington, West Virginia, Wisconsin
and Wyoming, the probability of a successful challenge to your
present classification will be low. These states have already
established a separate approach to classifying automotive engine
building operations and they are unlikely to be persuaded to
change the way they are doing things.
Inspection Pointers
If you request an inspection, an
inspector will physically visit your operations. The following
points will help to increase your chances of success:
1. Clearly state to the inspector
your purpose in requesting an inspection. You want to see if your
operations qualify for the Precision Machine Parts Manufacturing
Category, NCCI Code No. 3629.
2. The inspector's objective is to
establish the basic or governing classification for your entire
firm. The primary criteria used to establish this basic
classification is the one that produces the greatest amount of
payroll for your business operations.
You will need to demonstrate to
the inspector than more than 50% of your payroll comes from
employees who perform operations where the final tolerances are
held to .001" or closer. You may need to provide evidence
that these employees are working to final tolerances of
.001" or closer. Documentation may be obtained from the
following sources:
a. OE Manuals
b. AERA Engine Specification
Sheets
c. Technical Bulletins and
Advisories
d. Equipment Manufacturer
Operation Manuals
Even if these sources of
documentation do not specifically call for tolerances of
.001" or closer, your employees may work to these tolerances
in order to achieve the overall tolerances called for in written
specifications. This fact needs to be emphasized and pointed out
to the inspector if it applies.
In Appendix III, there is a list
of the major types of machines and the parts processed on those
machines for your reference. This may help you organize your
thoughts and materials in preparation for the physical
inspection.
3. The inspector may ask to see
payroll records in order to verify the percentage of payroll of
employees where the final tolerances are .001" or closer. It
may be beneficial to compile such records in advance so it will
be easily accessible to the inspector.
The Appeal Process
AERA members may encounter
resistance from both the inspectors and the workers compensation
regulatory body personnel to change the Machine Shop
Classification to Precision Machine Parts Manufacturing. Since
the 1930's, NCCI has classified automotive engine rebuilders as
Machine Shop Code 3632. Its reference manuals specifically state
automotive engine rebuilders should be classified as machine
shops. Switching you to a lower classification will most likely
significantly reduce your workers compensation insurance
premiums. There may be resistance to this within the regulatory
body.
If you are not successful in
getting your classification changed, each state has an appeal
process that can be utilized. This usually involves a hearing
before an appeal board. The make up of the board varies. However,
many states have appeal boards that consist of business
representatives and the general public instead of being made up
solely from members of the insurance industry. While you may fail
initially at the inspection level, you may well succeed at the
appeal board level. You will need to research how the appeal
process works within your individual state. Your insurance agent
or broker can be used as a resource to gather information about
this process and describe the make up the appeal board's members.
With determination and preparation, you can succeed.
APPENDIX I
NCCI States (National
Council of Compensation Insurance)
These states classify automobile
engine rebuilders as Machine Shop Code 3632 for workers
compensation rating purposes.
Alabama Kansas New Mexico
Alaska Kentucky Oklahoma
Arizona Louisiana Oregon
Arkansas Maine Rhode Island
Colorado Maryland South
Carolina
Connecticut Mississippi South
Dakota
Florida Missouri Tennessee
Georgia Montana Utah
Idaho Nebraska Vermont
Illinois New Hampshire
Virginia
Iowa
Independent States
(Non-NCCI)
A. The following states, even
though they are independent from NCCI, also classify automobile
engine rebuilders as Machine Shop Code 3632 for workers
compensation rating purposes.
Hawaii Minnesota North
Carolina
Indiana New Jersey Ohio
Massachusetts New York
B. The remaining states listed
below use their own systems to classify automobile engine
rebuilders.
State Code #
Description
California 3828 Automobile
Parts Machining and Rebuilding
Delaware 461 Machine Shop
Michigan 3827 Automobile
Engine Manufacturing
Nevada 2109 Automotive
Machine Shops
North Dakota 3630 Auto Repair
- Body Shops - Mechanics
Pennsylvania 461 Machine Shop
Texas 8391 Automobile Machine
Shop
Washington 3402 Auto Parts
Machining or Rebuild Not In Vehicle
West Virginia E11-3808
Automobile Manufacturing
Wisconsin 3827 Automobile
Engine Manufacturing
Wyoming 3714 Motor Vehicle
Parts and Accessories Manufacturing
APPENDIX II
PHRASEOLOGY MACHINE
SHOP NOC 3632
Foundry operations to be
separately rated. CROSS-REF. Automotive: Machine Shop-no work on
vehicles. Applies to operations involving the repair of parts
that have been removed for the vehicle by others. Shall not be
assigned to a risk engaged in operations described by another
classification unless the operations subject to Code 3632 are
conducted as a separate and distinct business; Explosives or
Ammunition Mfg.: Projectile or Shell Mfg.-includes incidental "Nosing In" -not cartridge or shell case manufacturing
. Forging or casting of shapes or loading or testing with
explosives to be separately rated(N/A MS); Tool
Sharpening-Industrial Tools. State Special: Illinois-add to
Machine Shop NOC footnote: Foundry operations to be separately
rated. Bona fide tool and die mfg. Operations to be separately
rated; Minnesota-Carburetor Mfg.
SCOPE Code 3632 applies to the
manufacture or repair of machines as well as general job
machining. It must be emphasized that code 3632 is an NOC
classification and is applied to operations only when such
operations are not specifically contemplated by another manual
classification(s). Metal castings, forging, bars , rods, flats,
angles, pipe and pipe fittings, chains, sockets, gears, shafting,
pulleys, hardware, sheet metal and some lumber and paint may be
used. A variety of processes may be involved such as boring,
turning, planing, shaping, milling, drilling, punching, grinding,
tapping, threading, shearing, bending, forming, riveting,
welding, painting, inspecting and testing.
Code 3632 additionally
contemplates auto jacks manufacturing-not stamped; auto piston
manufacturing; commercial or household laundry machinery
manufacturing; stoker manufacturing; And the sharpening of
industrial tools. Additional representative operations that have
been assigned to Code 3632 include the repair of diesel engines
used as generators, risks engaged exclusively in the repair of
either inboard or outboard motors and other small engines such as
those used in lawn mowers and snowmobiles, and axle unit assembly
or manufacturing or repair.
The classification applies to
automatic machine shops. The term "automotive machine
shops" as used in this context refers to locations where
work is performed on various automobile parts which have been
removed form a vehicle by others. The "automotive machine
shop" does not engage in any work on vehicles or on parts
while the parts are attached to vehicles. The operations may
include cylinder reboring, valve grinding and turning down brake
drums. The partial or complete rebuilding of used automobile
engines is assigned code 3632. This differs firm the manufacture
of new automobile engines, which is assigned to code 3827-
Automobile Engine Mfg. Code 3632 contemplates the machining and
finishing of the rough projectile shell blanks that have
undergone preliminary processing by means of foundry and forging
operations performed by outside entities or in separate
departments operated by the shell manufacture. The machining
operations are typical machine shop operations consisting of
sawing, centering, turning, boring, facing, reaming, shaping the
nose(i.e., "Nosing In" as specified in the class
phraseology), heat-treating, thread milling, application of
copper bands, washing, painting and packing.
Code 3632 also applies to the
production of bomb cases made from sheet steel or steel tubing.
In general, this involves the processing of seamless steel pipe
by cutting to size ad then applying heat-treating, shaping the
nose and tail, welding on the bomb fin, degreasing, spray
painting and packing. The manufacture of woodworking machinery is
additionally assigned to Code 3632.
APPENDIX III
ENGINE REBUILDERS
DESCRIPTION OF MACHINING
OPERATIONS
| Type of
Machine Operations |
Parts
Machined or Processed |
| 1. Value Seat & Guide Machine |
1. Valve
Seats
2. Valve
Guides 3. Injector Tubes 4. Valve Train Components |
| 2. Surfacing
Equipment |
1. Cylinder
Heads
2. Cylinder
Blocks 3. Manifolds |
| 3. Crankshaft
Grinder |
1. Crankshaft
2. Camshaft 3. Auxiliary & Balance
Shaft Journals |
| 4. Boring
Equipment |
1. Cylinder
Block Bores
2.
Cylinder Sleeve Installation 3. Registers for Heavy
Duty Trucks |
| 5. Honing
Equipment |
1. Cylinder
Sleeve Bores
2.
Various Industrial Parts |
6. Rod
Re-Sizing Equipment
a. Boring Type
b. Honing Type
|
1. Upper and
Lower Connecting Rods |
| 7. Presses |
Various |
| 8. Fly Wheel
Surfacing |
1. Fly Wheel |
| 9. Brake Drum & Rotor Resurfacing |
1. Brake Drum & Rotor |
| 10. Front
Axle |
Various |
|