There are several classifications that potentially apply to construction site cleaning operations, depending primarily on the employer’s overall business operations.
Employers that perform construction job site cleaning for other concerns on a fee basis are classified as 9008, Janitorial Services – by contractors.
Construction site clean-up employees are often hired by the general contractor at a construction project to remove debris throughout the duration of the project. In the case of a general contractor that generates payroll in one or more construction classifications, the clean-up employees are classified in accordance with the rule for Miscellaneous Employees. The USRP at Part 3, Standard Classification System, Section IV, Special Industry Classification Procedures, Rule 2, Construction and Erection Work, Subrule c, provides as follows:
c. Miscellaneous Employees (Construction or Erection) If the construction or erection operations at any location are assigned to two or more classifications, the payroll of all miscellaneous employees who cannot properly be assigned to specific classifications shall be assigned to the governing classification, except that when the governing classification is determined to be the combination of two classifications distinguishable only by the regular hourly wage of employees, the payroll of a miscellaneous employee shall be assigned based on the regular hourly wage of such employee. Miscellaneous employees include but are not limited to supervisors, watchpersons, traffic control flagpersons, drivers, construction or safety engineers, construction debris clean-up employees and job site equipment maintenance and repair employees. (Emphasis added.) |
Based on this rule, the clean-up employees must be assigned to the employer’s governing classification, which is the classification to which the largest amount of payroll is assigned. Rule 2b provides instructions regarding the governing classification for construction or erection employers:
b. Governing Classification (Construction or Erection) The governing classification shall be determined on the basis of the job within the policy period if payrolls are kept separately by job within the policy period; otherwise, on the basis of the entire policy period. Two classifications distinguishable only by the regular hourly wage of employees shall be combined to determine the governing classification. |
Rule 2b provides that the governing classification shall be determined for each job if payrolls are kept separately by job within the policy period; otherwise, the governing classification is determined based on the payroll developed during the entire policy period. For example, if Classification 5213, Concrete Construction – N.O.C., develops the largest amount of payroll for a particular job, the clean-up employees must be assigned to Classification 5213 for such job. If payroll records were not maintained on a job basis and Classification 5214, Concrete or Cement Work, developed the largest amount of payroll during the policy period, the clean-up employees must be assigned to Classification 5214.
On job sites where an employer subcontracts all construction operations to licensed subcontractors and employs job site clean-up employees, the clean-up employees are assigned to Classification 5610, Contractors – construction or erection – all construction subcontracted, which is shown below:
CONTRACTORS – construction or erection – all construction subcontracted – all other employees | 5610 |
This classification applies to all employees other than executive level supervisors on jobs where the employer subcontracts all operations to licensed subcontractors. This classification applies to operations, including but not limited to job site cleaning and debris removal and post-construction warranty repair operations. Otherwise, such employees are miscellaneous employees and shall be classified in accordance with Part 3, Section IV, Rule 2c, Miscellaneous Employees (Construction or Erection). Employers that perform construction job site cleaning for other concerns on a fee basis shall be classified as 9008, Janitorial Services – by contractors. |
Classification 5610 applies to all employees other than executive level supervisors on jobs where the employer subcontracts all operations to licensed subcontractors. Prior to establishing Classification 5610 effective January 1, 2017, operations such as job site cleaning, debris removal and post-construction warranty repair (on jobs where the employer subcontracts all operations to licensed subcontractors) were classified as 9015(1), Building Operation – all other employees.
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California Workers' Compensation Uniform Statistical Reporting Plan—1995
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