Author, Rory Anderson, Account Executive, Rancho Mesa Insurance Services, Inc.
Many tree care companies perform work that could be classified as “landscape gardening.” The risk and exposure associated with this class code is minimal compared to those associated with tree trimming. Without the additional tree care exposure, landscape gardening workers’ compensation insurance rates are significantly lower than tree trimming rates. Common questions we receive from our tree care clients are:
What is the difference between the two class codes?
I’ve always only used 0106-Tree Trimming, is it possible for me to use 0042-Landscape Gardening as well?
How can I differentiate which specific operations are considered landscape gardening and which are considered tree trimming?
When more than one classification applies to operations that are closely related, it is important to understand the boundaries of each classification. Let’s take a look at how the California Workers’ Compensation Insurance Rating Board (WCIRB) defines both class codes:
0106 Tree Pruning, Repairing or Trimming
This classification applies to pruning, repairing or trimming trees or hedges when any portion of the operations requires elevation, including but not limited to using ladders, lifts or by climbing. This classification includes clean-up, chipping or removal of debris; stump grinding or removal; and tree spraying or fumigating that are performed in connection with tree pruning, repairing or trimming. This classification also applies to the removal of trees that retain no timber value.
0042 Landscape Gardening
This classification applies to the construction, maintenance, repair or installation of landscape systems or facilities designed for public or private gardens or other areas in order to aesthetically, architecturally, horticulturally or functionally improve the grounds within or surrounding a structure or a tract or plot of land. This classification includes the preparation and grading of plots or areas of land for the installation of landscaping; pruning, repairing or trimming trees or hedges when none of the operations at a particular job or location require elevation, including but not limited to using ladders, lifts or by climbing; or chipping operations performed in connection with landscape gardening. This classification also applies to spraying or spreading lawn fertilizers or herbicides, or weed abatement for fire hazard control purposes.
According to these definitions, a tree company may be able to use the 0042 landscape class code at specific times. However, when any of the operations are off the ground, that payroll would be classified in tree trimming 0106. Also, any type of work that is associated with the tree trimming (e.g., clean-up, chipping, stump grinding, etc.) will also be included as 0106. Here is a quick real-world example that will help to clarify.
A tree company has 10 employees that worked on a specific job to trim a large Eucalyptus tree. There were only two workers that actually climbed and trimmed the tree, and all the rest of the employees worked on the ground to clean up the limbs and branches that were being cut and fell from the tree. All 10 employees must be classified into the 0106 class code because the ground crew operations were in connection with the tree trimming, where the climbers were operating off of the ground.
The next day, on a completely different job site, the same tree company with 10 employees worked on a new job to trim a handful of 8 ft Japanese maple trees. For this job, all of the work was performed from the ground and there was never a point where any of the workers operated from elevation (e.g., ladders, lifts, climbing, etc.). Three of the workers trimmed with pole saws from the ground, while the other seven employees cleaned-up the debris and used the chipper. All 10 of the employees could be classified into the 0042 landscape class code because there was never a time where a worker left the ground to trim.
Properly documenting and maintaining valid records is critical in order for your company to utilize both class codes properly. Without proper documentation, you could be setting your company up for a large additional premium owed at audit.
Stay tuned to my follow up article and podcast as I share how to prepare for and execute a successful audit when both of these two class codes are applicable to your operations.