EXCERPT

California Workers’ Compensation Uniform Statistical Reporting Plan—1995
Effective September 1, 2023

Part 3, Standard Classification System, Section III, General Classification Procedures, Rule 4, Standard Exceptions, Subrule c, Standard Exception Classification Procedures

4. Standard Exceptions

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c. Standard Exception Classification Procedures

(1) Employees who otherwise qualify for assignment to a Standard Exception classification will not be disqualified from that assignment if they perform certain duties directly related to their clerical office or outside sales work as defined in Rules 4a and 4b. These duties include depositing funds at a bank, picking up or delivering the employer’s mail, purchasing office supplies and entering an area exposed to the operative hazards of the business for ingress or egress purposes or for purposes in connection with clerical activities, such as delivering paychecks.

(2) Where a classification phraseology specifically includes Clerical Office Employees, Clerical Telecommuter Employees or Outside Salespersons, such employees shall be assigned to that classification regardless of whether their work is conducted at the same or at a separate location.

A list of classifications that include Clerical Office Employees, Clerical Telecommuter Employees or Outside Salespersons can be found in Appendix IV.

Example

An employer operates as a physicians’ practice at 1534 Elm Street, employing doctors, nurses and receptionists. All operations at this location are assignable to Classification 8834, Physicians’ Practices and Outpatient Clinics – all employees – including Clerical Office Employees and Clerical Telecommuter Employees. At a separate location, 3415 Oak Street, the employer maintains a clerical office staff who conduct all of the billing and scheduling in support of the Elm Street operations. Since the Oak Street operations support the employer’s Elm Street medical office (assigned to Classification 8834), the operations at the separate Oak Street location are also assignable to Classification 8834.

(3) When an employer’s clerical office staff meet the definition of Clerical Office Employees, are engaged in operations in connection with other operations performed by the employer and such other operations are assigned to two or more classifications, one or more of which includes Clerical Office Employees and one or more of which does not include Clerical Office Employees, the payroll of the clerical office staff shall be assigned in accordance with the following:

1. Compare the sum of the payroll (other than the payroll of miscellaneous employees) generated by the operations assigned to classifications that do not include Clerical Office Employees to the sum of the payroll (other than the payroll of miscellaneous employees) generated by the operations assigned to classifications that include Clerical Office Employees.

2. If the sum of the payroll generated by the classifications that do not include Clerical Office Employees exceeds the sum of the payroll generated by the classifications that include Clerical Office Employees, then the payroll of the clerical office staff shall be assigned to Classification 8810, Clerical Office Employees.

3. If the sum of the payroll generated by the classifications that include Clerical Office Employees equals or exceeds the sum of the payroll generated by the classifications that do not include Clerical Office Employees, then the payroll of the clerical office staff shall be assigned to the classification that includes Clerical Office Employees. When there is more than one such classification, the clerical office staff shall be assigned to the classification that generates the most payroll.

4. The procedure stated above for classifying an employer’s clerical office staff shall also apply when classifying an employer’s clerical telecommuter staff, as well as its outside salespersons (see example below).

Example

At location 1, an employer operates an outpatient clinic assigned to Classification 8834, Physicians’ Practices and Outpatient Clinics – all employees – including Clerical Office Employees and Clerical Telecommuter Employees. At location 2, the same employer operates a convalescent nursing facility – assigned to Classification 8829(2), Convalescent Nursing Facilities – including supervisors and receptionists. In an area that is separate from all other workplaces, the employer maintains clerical and administrative office staff who work exclusively at the office to conduct payroll and billing activities in support of both the outpatient clinic and the convalescent nursing facility. Under Scenario A (below), the convalescent nursing facility assigned to Classification 8829 (which does not specifically include Clerical Office Employees/Clerical Telecommuter Employees) generates more payroll than the outpatient clinic and, therefore, the clerical office staff working in support of both operations are assignable to Classification 8810. Under Scenario B, since the outpatient clinic generates more payroll than the convalescent nursing facility, the clerical office staff working in support of both operations are assignable to Classification 8834. In both scenarios, regardless of which operation generates more payroll, the clerical office staff working exclusively in support of the convalescent nursing facility are assignable to Classification 8810, and the clerical office staff working exclusively in support of the outpatient clinic are assignable to Classification 8834.

Example

An employer operates an automobile and truck parts store, assignable to Classification 8046, Stores – automobile or truck parts or accessories – wholesale or retail – including Outside Salespersons. This employer also maintains a department for the repair of automobiles or trucks on a fee basis, and employees engaged in these operations are assignable to Classification 8389, Automobile or Truck Repair Facilities. The employer maintains outside sales staff to conduct marketing and outside sales operations in support of the automobile and truck parts store and promote the service and repair operations. Under Scenario C (below), the vehicle repair operations assigned to Classification 8389 (which do not specifically include Outside Salespersons) generate more payroll than the auto parts store operations assigned to Classification 8046 and, therefore, the outside sales staff working in support of both operations are assignable to Classification 8742. Under Scenario D, since the auto parts store operations generate more payroll than the vehicle repair operations, the outside sales staff working in support of both operations are assignable to Classification 8046. In both scenarios, regardless of which operation generates more payroll, outside sales staff working exclusively in support of the repair operations are assignable to Classification 8742, and outside sales staff working exclusively in support of the auto parts store operations are assignable to Classification 8046.