Summary of Approved Changes to the Insurance Commissioner’s Workers’ Compensation Regulations Published by the WCIRB
This reference guide summarizes the changes to the California Workers’ Compensation Uniform Statistical Reporting Plan—1995 (Uniform Statistical Reporting Plan) and California Workers’ Compensation Experience Rating Plan—1995 (Experience Rating Plan) approved by the Insurance Commissioner to be effective September 1, 2022. This reference guide was created by the WCIRB as a convenience for its member insurers, agents and brokers, policyholders and others to provide an overview of notable amendments; it does not contain a description of all approved changes to the plans. It is not an official regulation and does not bear the official approval of the California Department of Insurance.
For more details and information on all changes, please view the WCIRB’s September 1, 2022 Regulatory Filing in the Filings and Plans section of the website, or click on the following links to view the actual plans:
Eliminated Classifications
| Classification Eliminated | Classification(s) to Which Operations Described by the Eliminated Classification Are Reassigned |
|---|---|
| 0044, Cotton Farms | 0171, Field Crops |
| 1123, Mining – underground – with shafts, tunnels or drifts; all employees with exposure to underground mining operations | 6251, Tunneling or Underground Mining |
| 1124, Mining – underground – surface employees | 6251, Tunneling or Underground Mining |
New Classifications
| Classification Established | Purpose |
|---|---|
| 8874(1), Instrument Mfg. – electronic – professional or scientific – hardware or software design or development | Established as a companion classification in the Electronics Industry Group to apply to hardware or software design or development and clerical office or outside sales operations performed in connection with manufacturing operations assigned to Classification 3681(1), Instrument Mfg. – electronic – professional or scientific. |
| 8874(2), Computer or Computer Peripheral Equipment Mfg. – hardware or software design or development | Established as a companion classification in the Electronics Industry Group to apply to hardware or software design or development and clerical office or outside sales operations performed in connection with manufacturing operations assigned to Classification 3681(2), Computer or Computer Peripheral Equipment Mfg. |
| 8874(3), Telecommunications Equipment Mfg. – hardware or software design or development | Established as a companion classification in the Electronics Industry Group to apply to hardware or software design or development and clerical office or outside sales operations performed in connection with manufacturing operations assigned to Classification 3681(3), Telecommunications Equipment Mfg. |
| 8874(4), Audio/Video Electronic Products Mfg. – hardware or software design or development | Established as a companion classification in the Electronics Industry Group to apply to hardware or software design or development and clerical office or outside sales operations performed in connection with manufacturing operations assigned to Classification 3681(4), Audio/Video Electronic Products Mfg. |
| 8874(5), Integrated Circuit and Semiconductor Wafer Mfg. – hardware or software design or development | Established as a companion classification in the Electronics Industry Group to apply to hardware or software design or development and clerical office or outside sales operations performed in connection with manufacturing operations assigned to Classification 4112, Integrated Circuit and Semiconductor Wafer Mfg. |
Payroll Minimum and Maximum Changes
| Code | Phraseology | Payroll Minimum | Payroll Maximum |
|---|---|---|---|
| 7365* | Taxicab Operations | $41,000 | N/A |
| 7607(1) | Video Post-Production | N/A | $149,500 |
| 7607(2) | Audio Post-Production | N/A | $149,500 |
| 7610* | Radio, Television or Commercial Broadcasting Stations | N/A | $149,500 |
| 8601(1) | Engineers | N/A | $149,500 |
| 8601(2) | Oil or Gas Geologists or Scouts | N/A | $149,500 |
| 8601(4) | Forest Engineers | N/A | $149,500 |
| 8741 | Real Estate Agencies | N/A | $149,500 |
| 8743 | Mortgage Brokers | N/A | $149,500 |
| 8749 | Mortgage Bankers | N/A | $149,500 |
| 8801 | Credit Unions | N/A | $149,500 |
| 8803 | Auditing, Accounting or Management Consulting Services | N/A | $149,500 |
| 8808 | Banks | N/A | $149,500 |
| 8820 | Law Firms | N/A | $149,500 |
| 8822 | Insurance Companies | N/A | $149,500 |
| 8859(1) | Computer Programming or Software Development | N/A | $149,500 |
| 8859(2) | Internet or Web-Based Application Development or Operation | N/A | $149,500 |
| 8874(1) | Instrument Mfg. – electronic – professional or scientific – hardware or software design or development | N/A | $149,500 |
| 8874(2) | Computer or Computer Peripheral Equipment Mfg. – hardware or software design or development | N/A | $149,500 |
| 8874(3) | Telecommunications Equipment Mfg. – hardware or software design or development | N/A | $149,500 |
| 8874(4) | Audio/Video Electronic Products Mfg. – hardware or software design or development | N/A | $149,500 |
| 8874(5) | Integrated Circuit and Semiconductor Wafer Mfg. – hardware or software design or development | N/A | $149,500 |
| 9151* | Theaters – musical entertainment | N/A | $149,500 |
| 9156* | Theaters – dance, opera and theater companies | N/A | $149,500 |
| 9181* | Athletic Teams or Athletic Facilities – players, umpires, referees and game officials | N/A | $149,500 |
| 9610* | Motion Pictures – production | N/A | $149,500 |
| N/A | Executive Officers, Partners, Individual Employers and Members of a Limited Liability Company | $57,200 | $149,500 |
* Please refer to each classification phraseology for information concerning the application of payroll maximums to specific employees.
Construction Dual Wage Threshold Changes
| Code | Phraseology | 2021 Threshold | 2022 Threshold |
|---|---|---|---|
| 5027/5028 | Masonry | $28 | $32 |
| 5183(1)/5187(1) | Plumbing | $28 | $31 |
| 5183(2)/5187(2) | Refrigeration Equipment | $28 | $31 |
| 5183(3)/5187(3) | Heating or Air Conditioning Equipment | $28 | $31 |
| 5185/5186 | Automatic Sprinkler Installation | $29 | $32 |
| 5190/5140 | Electrical Wiring | $32 | $34 |
| 5201(1)/5205(1) | Concrete or Cement Work – pouring or finishing of concrete sidewalks, driveways, patios, curbs or gutters | $28 | $32 |
| 5201(2)/5205(2) | Concrete or Cement Work – pouring or finishing of concrete floor slabs, poured in place and on the ground, and concrete slab-type foundations, for other than concrete buildings or structural steel buildings of multi-story construction | $28 | $32 |
| 5403/5432 | Carpentry | $35 | $39 |
| 5446/5447 | Wallboard Installation | $36 | $38 |
| 5467/5470 | Glaziers | $33 | $36 |
| 5474(1)/5482(1) | Painting or Wallpaper Installation | $28 | $31 |
| 5474(2)/5482(2) | Waterproofing | $28 | $31 |
| 5474(3)/5482(3) | Painting – water, oil or gasoline storage tanks | $28 | $31 |
| 5484/5485 | Plastering or Stucco Work | $32 | $36 |
| 5538(1)/5542(1) | Sheet Metal Work | $27 | $29 |
| 5538(2)/5542(2) | Heating or Air Conditioning Ductwork | $27 | $29 |
| 5552/5553 | Roofing | $27 | $29 |
| 5632/5633 | Steel Framing | $35 | $39 |
| 6218(1)/6220(1) | Excavation – N.O.C. | $34 | $39 |
| 6218(2)/6220(2) | Grading Land | $34 | $39 |
| 6218(3)/6220(3) | Land Leveling | $34 | $39 |
| 6307/6308 | Sewer Construction | $34 | $39 |
| 6315(1)/6316(1) | Water Mains or Connections Construction | $34 | $39 |
| 6315(2)/6316(2) | Gas Mains or Connections Construction | $34 | $39 |
Additional Notable Changes to the Uniform Statistical Reporting Plan
Effective September 1, 2022
Part 3, Section III, General Classification Procedures, Rule 7, Coronavirus Disease 2019 (COVID-19), was eliminated and the following related rules were amended to eliminate the special reporting of payroll due to the COVID-19 stay-at-home order:
- Part 4, Unit Statistical Reporting Requirements, Section IV, Exposure Information, Rule 1, Classification Code, and Rule 4, Exposure Amount
Part 3, Section IV, Special Industry Classification Procedures, was amended to eliminate Rule 5, Mining; and Section VII, Standard Classifications, Rule 1, Classification Section, subrule a, Industry Groups, was amended to eliminate Mining from the list of industry groups as the procedures and industry grouping are no longer necessary.
Classification 4512, Biomedical Research Laboratories, was amended to include Clerical Office Employees and Clerical Telecommuter Employees.
Classification 8059, Stores – tile, which is part of the Stores Industry Group, was amended to:
- include the sale of cabinets, and
- separately classify employees engaged in handling, stocking or delivering lumber or building materials when lumber or building material sales exceed 10 percent of gross receipts.
Classification 8010, Stores – hardware, electrical or plumbing supplies, was amended to conform to the changes made to 8059 regarding separately classifiable operations.
Classification 8232(2), Building Material Dealers, was amended to include the sale of stone materials, stone slabs or fabricated stone products as well as the sale of countertops.
Classification 8232(2), Building Material Dealers, and Classification 8232(1), Lumberyards, were amended to separately classify employees engaged in cashiering operations or selling, stocking, handling or delivering store merchandise when the sale of store merchandise at a single location exceeds 25 percent of gross receipts.
Classification 9185, Carnivals or Circuses, was amended to reassign circus operations to Classifications 9156, Theaters – dance, opera or theater companies, and 9154, Theaters – not motion picture.
Amendments were made to classifications in the Food Packaging and Processing Industry Group to clarify the uniform classification treatment for can, container or bottle manufacturing associated with food packaging and processing, as such operations are classified in accordance with Section III, Rule 5, General Inclusions.
Appendix III, Injury Description Codes, Section B, Nature of Injury (Positions 3-4), and Section C, Cause of Injury (Positions 5-6), were amended to add a Nature of Injury code to address any adverse reaction to any vaccination and update the wording for the related Cause of Injury Code and the Pandemic Cause of Injury Code.
Experience Rating Plan
Effective September 1, 2022
Section II, Definitions, Rule 5, Immediate Family, was amended to update the language with gender-neutral terms.
Section III, Eligibility and Experience Period, Rule 1, Eligibility Requirements for California Workers’ Compensation Insurance, was amended to adjust the eligibility threshold from $9,500 to $9,200 to reflect wage inflation and the proposed September 1, 2022 expected loss rates.
Table I, Expected Loss Rates and D-Ratios, and Table II, Primary Thresholds, were amended to reflect the most current data available.