Class Code: 7350F
Per NCCI's Scopes Code Description:
Code 7350F, providing coverage under the U.S. Longshore and Harbor Workers’ Compensation Act (USL&HW Act), and Code 7360, providing coverage under the individual state acts, are applied to employers engaged in freight handling operations provided such operations are not otherwise classified in the manual.
The USL&HW Act was extended in 1972 to contemplate operations conducted in or on various shoreside areas. Its scope and application have been subject to interpretation by the courts and by administrative bodies.
The following is intended to serve as a guide in assigning the freight handling classifications. It is not intended to be construed as an interpretation of the application of the USL&HW Act.
Two classifications are applicable to freight handling operations. The classification applicable to freight handling operations subject to the USL&HW Act, Code 7350F, applies to the handling of cargo, incidental to the loading or unloading of vessels, on piers or adjoining areas or in terminals. Operations contemplated by this classification include stuffing and stripping containers, other processing of waterborne cargo, and the loading and unloading of trucks and railroad cars on piers or in adjoining areas or terminals.
This classification applies to separate employees who are engaged in moving cargo from any point which is removed from, and not connected with, the hazards of the sling in loading or unloading vessels. The storage, maintenance, or repair of nets, slings, forklift trucks, or other equipment by employers performing freight handling or stevedoring operations must be assigned to the governing classification, even though such operations are conducted at a separate location.
The classification applicable to freight handling operations subject to coverage only under a state compensation act, Code 7360, applies to operations conducted at railroad yards, airports, or warehouses not located on piers or in terminals or areas adjoining piers.
If Code 7350F is not applicable in a particular jurisdiction, then these guidelines would apply to the application of the USL&HW Coverage Percentage to the state rate, in accordance with Basic Manual Rule 3-A-4-b, whenever USL&HW Act exposure exists.
Freight handlers have no equity in the merchandise handled, thus their drivers are assigned to the appropriate trucking classification. Additionally, stevedoring operations are separately rated.
Since the scope and application of the USL&HW Act are subject to interpretation by the courts and/or administrative bodies, it has been NCCI’s position that the selection of the appropriate coverage (USL&HW Act or State Act) is left to the discretion of employers and insurance carriers based on their own knowledge or with the assistance of their legal representatives.
Specialist contractors engaged solely as vessel line handlers have been assigned by analogy to these freight handling classifications. These specialists do not board the vessels. The vessels’ crew members handle the lines on board and the specialists fasten or unfasten the lines at dockside.
The distinction between assignment of the freight handling codes and assignment of a warehousing classification such as Code 8292 is based on the premise that warehousing operations store goods for long periods of time. With respect to freight handlers, one finds a constant movement of goods with employees who, on a frequent basis, are engaged in receiving, sorting, tiering, or breaking down the goods handled. This constant handling hazard is a distinguishing factor when compared to a warehousing classification such as Code 8292.
Contract freight handling of explosives and/or ammunition is also assigned to either Code 7350F or Code 7360. The classifications do not apply to handling explosives incidental to the loading of general cargo or the freight handling or trucking of general merchandise. These classifications are only applicable where explosives or ammunition constitute the majority of the commodities handled.
Certain Code 7350F and Code 7360 operations are designated as “not otherwise classified” (NOC). These NOC operations apply to an employer only when no other classification more specifically describes the employer’s operations. The following is a representative list of operations somewhat related in nature to Codes 7350F and 7360 operations that are not assigned to these codes.
|Coal Dock Operation and Stevedoring
|Stevedoring—By Hand or Hand Trucks Exclusively
|Stevedoring—Containerized Freight & Drivers
|Stevedoring—Talliers and Checking Clerks Engaged in Connection With Stevedore Work—Coverage Under U.S. Act
|Stevedoring—Talliers and Checking Clerks Engaged in Connection With Stevedore Work—Coverage Under State Act Only
Massachusetts Refer to MA Manual Rule XII-D-3 for the rates applicable to nonfederal classifications subject to the USL&HW Act. Since the scope and application of the USL&HW Act are subject to interpretation by the courts and/or administrative bodies, it is the MA Bureau’s position that the selection of the appropriate coverage (USL&HW or MA Act) is left to the discretion of insureds and insurance carriers based on their own knowledge or with the assistance of their legal representatives. Stevedoring explosive materials, including ammunition, under contract is properly assigned to Code 7309F.