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Bruce Wick CALPASC October 21, 2014
What’s new in WC for 2015? Quick refresher Who is/are the WCIRB? Three key items
Coverage website Free Ex-Mod worksheet Ombudsman
Where does the Ex-Mod concept come from? Insurance Code Section 11736 “An experience rating plan shall contain reasonable eligibility standards, and provide adequate incentives for loss prevention, and shall provide for sufficient premium differentials so as to encourage safety”. Why is the Ex-Mod problematic?
New for 2015,Ex-Mod limiter Applies to any size employer who qualifies for
Experience Rating Limits an otherwise loss free employer, where a single loss in the experience period can’t increase the Ex-Mod by more than 25% Will anyone outside the employer know?
New study for hopefully 2016 Would change the formula parameters as the employer
grows in payroll Would likely increase the Ex-Mod a few percentage points for the loss free employer Will help the system be less volatile for smaller employers Will be hard to explain, but will be fairer overall
Changes to class code 5606 California is the only state to require two tiers of
supervision California’s loss rate for 5606 is lower than other states Changes to class phraseology for 1-1-2015
CONTRACTORS – construction or erection – executive level supervisors – no direct supervision – division of a single employee’s payroll with any other classification is not permitted 5606 This classification may be assigned only in connection with the construction or erection classifications listed in Appendix I, Construction and Erection Classifications. This classification applies to executive level supervisors of construction operations wherein the employer develops payroll in one or more construction or erection classifications provided not less than two levels of supervision, as defined in Part 3, Section IV, Rule 2d, Executive Level Supervisors, are retained between the executive level supervisor and the workers performing actual construction operations. This classification also includes management level employees such as safety managers, project managers and engineers, who do not supervise construction operations but whose duties include walking through a construction site during the construction phase, provided the employer retains two levels of supervision over the construction crew(s) or where all operations have been subcontracted to licensed subcontractors. Otherwise, such employees are miscellaneous employees and shall be classified in accordance with Part 3, Section IV, Rule 2c, Miscellaneous Employees (Construction or Erection).
This classification also applies to executive level supervisors when all construction operations are subcontracted to licensed contractors and no payroll is developed under any construction classification. In such instances, executive level supervisors exercise control exclusively through licensed subcontractors. On jobs where all construction operations are subcontracted to licensed subcontractors, Classification 9015(1), Building Operation – all other employees, shall apply to job site cleanup and warranty repair conducted after construction is completed. Classification 5606 does not apply to employees whose job site duties are limited to estimating, outside sales or public relations. Employees whose non-clerical duties are confined to visiting job sites for the purpose of pre-construction estimating, or for meeting with clients and other project representatives, are classified as 8742(1), Salespersons – Outside, provided they have no supervisory responsibilities over construction operations and they do not walk through job sites for purposes such as assessing construction progress, evaluating quality or determining compliance with safety standards. Fee-based construction management companies that do not engage in or perform supervision over construction operations, but serve as an intermediary between the general contractor and project owner or otherwise provide expertise regarding a construction project, shall be classified as 8601(1), Engineers – consulting. Also refer to Part 3, Section IV, Rule 2, Construction or Erection Work.
SB 863-2012 Sweeping WC reform Who was involved?
What was the goal? What was the result? How is it working? How will it look going forward?
New opportunity for 2015 WCIRB study of first aid/medical only claims Longstanding question
Unintended consequences Need industry involvement/input