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Classification 9079(1), Restaurants or Taverns, to Be Divided into 6 New Classifications

Effective for policies incepting on or after September 1, 2024, any operations assignable to Classification 9079(1), Restaurants or Taverns, must be reassigned to one of the following (click each link for the full classification footnote): 

What is the goal of these changes?

The goal of eliminating Classification 9079 and establishing six new classifications for food and beverage service industry operations is to allow for a more discreet analysis of the payroll and claim characteristics unique to each of these distinct and identifiable industry segments. This will enable a better understanding of the typical causes of injuries for each segment, thus paving the way for a more precise alignment of employer costs with their employees’ exposure to injury and a more targeted and effective loss prevention measures. See the Report on the Food and Beverage Study to learn more about the findings and recommendations of this study.

Why are the changes not effective until September 1, 2024?

In an effort to minimize any potential disruption caused by these changes, the September 1, 2024 effective date allows the WCIRB sufficient time to conduct extensive outreach and education to ensure a smooth transition to the new classifications. The extended time frame also gives policyholders, insurers, agents and brokers plenty of time to become familiar with the scope and intent of the new classifications. 

What will be the impact of these new classifications on advisory pure premium rates? 

The six new classifications will be combined under a single advisory pure premium rate until such time as sufficient payroll and loss data has been collected to evaluate if a differentiation in the advisory pure premium rate is warranted. This will provide ample time to collect sufficient data reflective of pandemic and post-pandemic industry operations. 

How will these changes impact experience modifications?

As long as the six new classifications are combined for pure premium ratemaking, there will be no immediate impact on experience rating for employers that are reassigned to the new classifications as they will all have the same expected loss rate.  

How will these changes impact policies with inception dates prior to September 1, 2024?

Policies incepting prior to September 1, 2024 will not be impacted by these changes. Operations remain assignable to Classification 9079 until they are covered under a policy incepting on or after September 1, 2024. 

How will the WCIRB prepare the impacted industries for these significant changes? 

In view of the size and scope of these changes, the WCIRB is planning a robust outreach and education campaign to be launched in 2024, well in advance of the September 1, 2024 effective date. This campaign will include: 

  • A review of all WCIRB Classification Inspection Reports reflecting operations assigned to 9079 – and updating each report to indicate the appropriate new classification 
  • A series of focused webinars and training materials geared to specific industry segments
  • Deployment of an online tool to help employers, agents/brokers and insurers determine which new classification applies to the indicated operations

New Classifications Effective September 1, 2024

Classification Code and Phraseology Footnote
9058, Hotels, Motels or Short-Term Residential Housing – food or beverage employees

This classification applies to employees engaged exclusively in the following food or beverage operations in connection with the employer’s hotel, motel or short-term residential housing operations:

  • prepare or serve food or beverages in connection with restaurants, bars or taverns;
  • set-up food or beverages in connection with the provision of continental breakfasts;
  • prepare or serve sandwiches, beverages or ice cream;
  • provide room service;
  • restock in-room refrigerators; or
  • on-site catering.

Refer to the Food and Beverage Service Industry Group for a complete list of classifications applicable to restaurant, bar or tavern operations that are not in connection with hotel, motel or short-term residential housing operations.

Also refer to companion Classification 9050, Hotels, Motels or Short-Term Residential Housing – all employees other than employees engaged exclusively in food or beverage operations.

9080, Restaurants – full service

This classification applies to each separate and distinct restaurant with full table service that prepares and serves hot and cold food and may pour and serve alcoholic beverages for consumption by the walk-in trade on or away from the premises.

Full table service includes but is not limited to:

  • greeting customers and managing reservations;
  • seating customers at tables;
  • taking or receiving orders at tables;
  • serving food or beverages;
  • clearing tables; and
  • collecting payment upon completion of meal service.

Hot food items are foods that are cooked to order from a raw or partially cooked state to a safe consumable minimum internal temperature using cooking equipment, including but not limited to deep fryers, ovens, stovetops, griddles, barbeques, grills, hot plates and pressure or steam cookers and served hot for consumption by the walk-in trade. This also includes foods that are cooked in advance and served from a warming tray or similar device.

This classification includes musicians and entertainers employed by the restaurant.

This classification also applies to restaurants that engage in on-site beer brewing operations where the beer brewed is primarily (over 50% of gross receipts) sold at restaurant locations operated by the same employer for on-site consumption. If 50% or more of the beer brewed on-site is sold for off-site consumption, the brewing operations shall be separately classified as 2121, Breweries.

The manufacture of baked goods, doughnuts or filled pasta that are not used or sold at restaurant locations operated by the same employer shall be classified as 2003, Bakeries or Cracker Mfg.

Fast food or fast casual restaurants with limited table service shall be classified as 9083, Restaurants – fast food or fast casual.

Employers that do not operate restaurants but manufacture or process individually packaged meals or salads that are not cooked to order, kept warm or served hot to the walk-in trade shall be classified as 6504, Food Products Mfg. or Processing.

Mobile food vendors that prepare hot food shall be classified as 9081(1), Restaurants – N.O.C. Mobile food vendors that do not prepare hot food shall be classified as 8017(1), Stores – retail, 8078(1), Sandwich Shops, 8078(2), Beverage Preparation Shops, or 8078(3), Ice Cream or Frozen Yogurt Shops, depending on the products sold.

App-based on-demand Delivery Network Companies (DNC) that deliver restaurant meals on a fee basis shall be classified as 7198(1), Parcel Delivery and Messenger Service Companies.

Refer to the Food and Beverage Service Industry Group for a complete list of classifications applicable to the preparation or serving of food or beverages.

9081(1), Restaurants – N.O.C.

This classification applies to restaurants that prepare and serve hot and cold food and may pour and serve alcoholic beverages for consumption by the walk-in trade on or away from the premises, and that are not more specifically described by another Food and Beverage Service Industry Group classification.

This classification includes but is not limited to:

  • hot food departments within grocery stores;
  • mobile food vending operations involving the use of food trucks, trailers, carts or temporary booths wherein hot food is prepared for sale to customers;
  • doughnut shops that prepare and serve doughnuts and beverages or food for consumption on the premises; and
  • food or beverage operations conducted by amusement, recreational or athletic facilities.

Hot food items are foods that are cooked to order from a raw or partially cooked state to a safe consumable minimum internal temperature using cooking equipment, including but not limited to deep fryers, ovens, stovetops, griddles, barbeques, grills, hot plates and pressure or steam cookers and served hot for consumption by the walk-in trade. This also includes foods that are cooked in advance and served from a warming tray or similar device.

The manufacture of baked goods, doughnuts or filled pasta that are not used or sold at restaurant locations operated by the same employer shall be classified as 2003, Bakeries or Cracker Mfg.

Employers that do not operate restaurants but manufacture or process individually packaged meals or salads that are not cooked to order, kept warm or served hot to the walk-in trade shall be classified as 6504, Food Products Mfg. or Processing.

Mobile food vendors, including food trucks, trailers, carts or temporary booths, that do not prepare and serve hot food shall be classified as 8017(1), Stores – retail, 8078(1), Sandwich Shops, 8078(2), Beverage Preparation Shops, or 8078(3), Ice Cream or Frozen Yogurt Shops, depending on the products sold.

App-based on-demand Delivery Network Companies (DNC) that deliver restaurant meals on a fee basis shall be classified as 7198(1), Parcel Delivery and Messenger Service Companies.

Employers that operate under concessionary agreements to sell prepared or prepackaged hot or cold food or beverages, including but not limited to hot dogs, hamburgers, pretzels, french fries, popcorn, nachos, ice cream, candy, funnel cakes, soft drinks and alcoholic beverages at ball parks, racetracks, theaters, concert venues or amusement or recreational facilities shall be classified as 9081(2), Concessionaires.

Refer to the Food and Beverage Service Industry Group for a complete list of classifications applicable to the preparation or serving of food or beverages.

9082, Caterers – not restaurants

This classification applies to employers engaged exclusively in the preparation, delivery and setup or service of hot and cold food at customer-specified locations for weddings, conferences, parties, meetings or similar events and includes the pouring and serving of beverages in connection with the employer’s catering operations. Employers typically prepare large quantities of food in advance that are kept warm and served from a warming tray or similar device or reheated and served hot. Employers do not maintain a location for customers to dine-in or consume beverages, or for the preparation of individually ordered meals for consumption away from the premises.

Employers that do not operate restaurants but manufacture or process individually packaged meals or salads that are not cooked to order, kept warm or served hot to the walk-in trade shall be classified as 6504, Food Products Mfg. or Processing.

Mobile food vendors that prepare hot food shall be classified as 9081(1), Restaurants – N.O.C. Mobile food vendors that do not prepare hot food shall be classified as 8017(1), Stores – retail, 8078(1), Sandwich Shops, 8078(2), Beverage Preparation Shops, or 8078(3), Ice Cream or Frozen Yogurt Shops, depending on the products sold.

App-based on-demand Delivery Network Companies (DNC) that deliver restaurant meals on a fee basis shall be classified as 7198(1), Parcel Delivery and Messenger Service Companies.

Off-site catering operations performed by a restaurant or hotel shall be assigned to the applicable Food and Beverage Service Industry Group classification.

9083, Restaurants – fast food or fast casual

This classification applies to each separate and distinct restaurant that prepares hot and cold food and may pour and serve alcoholic beverages for consumption by the walk-in trade on or away from the premises with limited table service, such that customers are required to:

  • order food at a counter or through a drive through window, kiosk or web-based application;
  • pay at the time of order; and
  • seat themselves if dining on-site.

Fast food or fast casual restaurants may conduct limited table service including bringing paid orders to tables, refilling beverages or clearing tables.

Hot food items are foods that are cooked to order from a raw or partially cooked state to a safe consumable minimum internal temperature using cooking equipment, including but not limited to deep fryers, ovens, stovetops, griddles, barbeques, grills, hot plates and pressure or steam cookers and served hot for consumption by the walk-in trade. This also includes foods that are cooked in advance and served from a warming tray or similar device.

This classification also applies to restaurants that engage in on-site beer brewing operations where the beer brewed is primarily (over 50% of gross receipts) sold at restaurant locations operated by the same employer for on-site consumption. If 50% or more of the beer brewed on-site is sold for off-site consumption, the brewing operations shall be separately classified as 2121, Breweries.

The manufacture of baked goods, doughnuts or filled pasta that are not used or sold at restaurant locations operated by the same employer shall be classified as 2003, Bakeries or Cracker Mfg.

Restaurants providing full table service shall be classified as 9080, Restaurants – full service. Full table service includes but is not limited to greeting customers upon arrival, managing reservations, seating customers, taking orders, serving food or beverages, clearing tables and collecting payment upon completion of meal service.

Employers that do not operate restaurants but manufacture or process individually packaged meals or salads that are not cooked to order, kept warm or served hot to the walk-in trade shall be classified as 6504, Food Products Mfg. or Processing.

The preparation, serving or sale of cold food items such as sandwiches, salads and side dishes that are prepared for consumption by the walk-in trade shall be classified as 8078(1), Sandwich Shops.

Mobile food vendors that prepare hot food shall be classified as 9081(1), Restaurants – N.O.C. Mobile food vendors that do not prepare hot food shall be classified as 8017(1), Stores – retail, 8078(1), Sandwich Shops, 8078(2), Beverage Preparation Shops, or 8078(3), Ice Cream or Frozen Yogurt Shops, depending on the products sold.

App-based on-demand Delivery Network Companies (DNC) that deliver restaurant meals on a fee basis shall be classified as 7198(1), Parcel Delivery and Messenger Service Companies.

Refer to the Food and Beverage Service Industry Group for a complete list of classifications applicable to the preparation or serving of food or beverages.

9084, Bars or Taverns – not restaurants

This classification applies to each separate and distinct bar, tavern, lounge or nightclub that operates under license types 42, 48 or 61 issued by the California Department of Alcoholic Beverage Control and that prepares, pours and serves alcoholic beverages, including wine, beer and spirits. Based on licensing specifications, employers may but are not required to prepare or serve food, and minors are not allowed to enter or remain on the premises.

This classification also applies to each beer tasting room or taproom location that operates under a license issued by the California Department of Alcoholic Beverage Control.

This classification includes musicians and entertainers employed by the bar or tavern.

The production of beer or similarly brewed beverages, including but not limited to ale, lager, porter, stout and malt liquor shall be separately classified as 2121, Breweries.

The production of distilled spirits, including but not limited to vodka, rum, whiskey, brandy, tequila and liqueurs shall be separately classified as 2142(2), Distilling.

Tasting rooms in connection with wine, sparkling wine or alcoholic cider production shall be classified as 8060, Stores – wine, beer or spirits – retail.

Restaurants shall be assigned to the applicable Food and Beverage Service Industry Group classification.

Additional Resource