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DCRB Clarifies Fencing Installation Codes

August 29, 2018
9:55 AM

Some construction companies that install fencing will receive a significant workers’ compensation rate cut. The Delaware Compensation Rating Bureau (DCRB) last Friday released Circular No. 954, which makes a classification procedural change applicable to fence erection contractors.

Previously, “the DCRB classified fence erection to two classifications depending upon the type of fence erected” – wood and/or vinyl was Code 651, while metal was Code 658. According to Circular No. 954, effective Dec. 1, 2018, all types of fencing will be assigned the same classification: Code 361. “Employers eligible for reclassification … will receive a rating value reduction of 39.32%.”

Our Advocacy team reached out to the DCRB to inquire if silt fence installation is impacted by Circular No. 954. The DCRB confirmed that because it is considered “temporary in nature” and “is typically used for erosion control and related purposes,” silt fencing is not impacted by the new classification procedural change.

The DCRB went on to clarify its existing classification of silt fence erection:

  • The installation should be classified to a contractor’s applicable construction classification(s) if the work is performed by a construction contractor at the contractor’s own job sites and incidental to the contractor’s construction work.
  • However, it should be classified to Code 609 if it is performed by a specialist contractor who exclusively performs silt fence installation work. (Code 609 is applied because the work can involve an excavating and trenching exposure.)

Review Circular No. 954 (Select "Circulars" from the left-side menu.)