The California Workers’ Compensation Uniform Statistical Reporting Plan—1995 (USRP) has three rules found in Part 3, Section III, General Classification Procedures that are on-point when classifying supervisory employees. They are Rule 3d, Miscellaneous Employees, Rule 4a, Clerical Office Employees, and Rule 5, General Inclusions.
Rule 5 directs that supervisors are a General Inclusion. Rule 5 states, in relevant part:
|5. General Inclusions
The operations listed below are included in all classifications other than Standard Exception classifications. Except as provided in Section VII, Standard Classifications, general inclusions shall not be separately classified, all other provisions contained herein notwithstanding. Any operation described by a general inclusion shall nevertheless be subject to division of payroll if conducted as a separate and distinct enterprise and having no relation to the operations described by any other classification.
j. Supervisors whose work is necessary, incidental or appurtenant to any operations of the business.
Supervisors whose work is involved in any level of the operations of the business must be assigned to the basic classification that describes the business. For example, a supervisor that oversees restaurant operations must be assigned to the classification that applies to restaurants – 9079(1), Restaurants or Taverns.
Many supervisory employees spend a significant portion of their time engaged in office work, and the WCIRB receives questions asking whether supervisory employees can be classified as 8810(1), Clerical Office Employees. Section III, Rule 4a in the USRP defines Clerical Office Employees, and includes the following restriction:
|Supervisors and clerks, such as time, stock, or tally clerks, whose work is necessary, incidental, or appurtenant to any operations of the business other than clerical office, shall not be considered clerical office employees.|
Rule 4a establishes that an employee that supervises any operations other than clerical operations is not a Clerical Office Employee.
When an employer’s operations consist of two or more distinct operations that do not normally prevail in the business described by a single classification, and as such have been assigned to more than one classification based on the provisions of Section III, Rule 3, Multiple Enterprises, it is not uncommon for a supervisor to oversee more than one classifiable operation. If so, the supervisor is a miscellaneous employee who is assigned to the governing classification, which is the classification that develops the greatest amount of payroll. Rule 3d states, in relevant part, the following:
d. Miscellaneous Employees do not engage in operations that are integral to each classifiable operation, but perform operations in general support of more than one classifiable operation. Examples of Miscellaneous Employees include but are not limited to supervisors, maintenance or power plant employees, laboratory researchers, security guards, shipping and receiving clerks, and yard employees.
If, pursuant to this rule, the operations at any location are classified on a divided payroll basis, the payroll of all Miscellaneous Employees who cannot properly be classified in accordance with a specific classification shall be assigned to the governing classification of the group of classifications to which their work pertains.