Class Code: 7047

Per NCCI's Scopes Code Description:

This classification is applicable to operations described in this scope that are conducted on waters subject to Admiralty jurisdiction. Please refer to the note at the end of this scope for a general explanation of the Admiralty Law.

Vessels NOC:

“Vessels—NOC” is applicable to Admiralty operations not described by other Admiralty classifications. Representative types of employments that have been classified to this code are pilots who board ships and guide them in and out of ports, crew members of a barge used to cut weeds or vegetation from bottom-rooted plants in lakes and streams, and crews that conduct trial test runs of newly constructed boats or submarines.

Code 7016, 7024 or 7047 is assigned to gambling vessels weighing 15 tons or greater. Code 7038, 7090 or 7050 is assigned to gambling vessels weighing less than 15 tons. Weight in tons refers to the displacement of the vessel without store, bunk, fuel or cargo.

Certain employees of gambling vessels such as restaurant employees, entertainers and gaming personnel may or may not be subject to Admiralty Law. This determination is not made by NCCI as it is a legal question involving coverages. In the event that the aforementioned types of employees are deemed to be “crew members” covered under Admiralty Law, the applicable vessel classification is applied to their payroll. If these employees are not deemed to be subject to Admiralty Law, Codes 9061, 9061F(Club NOC & Clerical), 9044, 9062, 9044F or 9062F(in those states where these classes are applicable) are applied to their payroll.

Ferries:

The “ferries” classification contemplates a wide variety of vessels of various sizes and weights. A ferry usually operates under a franchise or license and transports passengers, vehicles or freight between two or more designated points on a scheduled basis. The ferry may operate year-round or on a seasonal basis. This classification specifically includes dock workers, workers who service boats with gas and oil, repair and maintenance workers, mooring operations, ticket takers and/or sellers and night security personnel. Ferries usually do not offer dining, living or recreational facilities of the type featured on oceangoing steamers.

Shuttle service utilizing hydrofoils or hovercrafts operated over water is assigned to this classification by analogy. Pilot boats, which are usually small vessels used to deliver a pilot to and from the pilot’s ship, are not considered “ferries” for purposes of this classification and are assigned to Code 7038—Boat Livery.

Supply Boats or Tugboats:

Supply boats contemplated by this classification are generally smaller-type vessels that supply other shipping vessels with limited supplies of water, gasoline, oil, foodstuffs and other miscellaneous goods.

Tugboats are powerful boats designed for towing larger vessels or other floating cargo.

Various activities that have been assigned to this classification include tugboat or supply boat operations at off-shore drilling sites, tugboats moving barges or dredges and vessels that deliver mail on waterways.

The mooring of ships, when performed in connection with tugboat operations, is considered incidental to this exposure and is assigned to this classification.

Oyster Boats:

This classification is all-inclusive in regard to the operation of oyster boats. Employees exclusively engaged in sorting, shucking, washing or packing operations on shore shall be assigned to Code 2114—Oystermen. Code 7094 is not applicable in Connecticut for oyster boats—see Code 7097.

Certain Code 7016, 7024, and 7047 operations are designated as “not otherwise classified” (NOC). These NOC operations shall apply to an insured only when no other classification more specifically describes the insured’s operations. The following is a representative list of classifications somewhat related in nature to Code 7016, 7024, and 7047 operations that are not assigned to Code 7016, 7024, or 7047:

7038/7050/7090 Boat Livery—Boats Under 15 Tons
7394/7395/7398 Salvage Operations—Marine
7046/7098/7099 Vessels—Not Self-Propelled

In addition to this representative list, one should review sources such as the alphabetical index in this manual to determine whether classifications other than Code 7016, 7024, or 7047 or a classification other than one on the above list is applicable to the operations being reviewed for classification purposes.

Note:  The following is a general explanation of the Admiralty Law and a description of Coverage Programs that pertain to this classification.

Admiralty Law:

Masters and members of the crews of vessels are not covered under state workers compensation laws nor under the USL&HW Act. They are subject to Admiralty Law and, if injured, have the right to sue their employers for damages in the Admiralty Courts where the proceeding is in the nature of an employers liability suit. They also have the right to transportation, wages, maintenance and cure. Such seamen are subject to a federal law, the Merchant Marine Act of 1920, known as the Jones Act (46 U.S. Code, Section 688, 1970), which applies the provisions of the Federal Employers’ Liability Act to seamen. Every person employed on board a vessel is deemed to be a seaman if connected with the operation or welfare of the vessel while in navigable waters. Usually, navigable waters are defined as those which form a continuous highway for interstate or international commerce.

Coverage Programs:

Program I—provides, under Part One—Workers Compensation Insurance, statutory liability under the workers compensation law of any state designated in Item 3.A of the Information Page and, under Part Two—Employers Liability Insurance, employers liability for damages under Admiralty Law, subject to a standard limit as shown in the Basic Manual.

Program II—provides the same coverage as Program I, but with the addition of Voluntary Compensation. Under Program II, the insurance carrier will offer a settlement of a claim strictly in accord with the statutory benefits provided in the workers compensation law designated in the voluntary compensation endorsement attached to the policy as if the claim were subject to such law, instead of subject to the laws of negligence. If the offer of settlement is rejected, employers liability then applies to such claim or suit, with the same standard limit as for Program I.

State Addendum
Massachusetts

Certain employees of gambling vessels such as restaurant employees, entertainers and gaming personnel may or may not be subject to Admiralty Law. The MA Bureau does not make this determination since it is a legal question involving coverages. In the event that the aforementioned types of employees are deemed to be “crew members” covered under Admiralty law, the applicable vessel classification is applied to their payroll. If these employees are not deemed to be subject to the Admiralty Law, Codes 9044, 9062, 9044F, or 9062F are applied to their payroll.

Coverage Programs:

Program I—provides, under Part One—Workers Compensation Insurance, statutory liability under the workers compensation law of any state designated in Item 3.A of the Information Page and, under Part Two—Employers Liability Insurance, employers liability for damages under Admiralty Law, subject to the standard limit as shown in the MA Manual Rule XIII-D.1.

Program II—provides the same coverage as Program I, but with the addition of Voluntary Compensation. Under Program II, the insurance carrier will offer a settlement of a claim strictly in accord with the statutory benefits provided in the workers compensation law designated in the voluntary compensation endorsement attached to the policy as if the claim were subject to such law, instead of subject to the laws of negligence. If the offer of settlement is rejected, employers liability then applies to such claim or suit, with the same standard limit as for Program I.

Rate per $100. of Renumeration: $ 3.88

Construction Exemption Required: No