Workers Comp Class Code 9040 — Swimming Pool — Construction
Florida NCCI Workers Comp Classification
FL NCCI Rate
$2.75
per $100 of payroll
Same-Day COI
Available
through PEO program
For code 9040, a worker earning $800/week costs just $22.02/week in workers comp through our PEO program.
FL NCCI Rate
$2.75/$100
per $100 payroll
Risk Level
High
NCCI classification
Same-Day COI
Available
through PEO program
Approval Time
24–48 hrs
most industries
What Is Workers Comp Class Code 9040?
NCCI class code 9040 covers Swimming Pool — Construction in Florida. This classification is used by workers' compensation carriers to determine premium rates based on the relative injury risk of workers in this occupation. The Florida NCCI rate for code 9040 is $2.75 per $100 of payroll, placing it in the high-risk tier.
Covers swimming pool construction workers. Florida has more pools per capita than any other state. At $7.84/$100 (2026 FWCJUA), a worker earning $900/week costs $70.56/week.
Because code 9040 is a construction classification, Florida law requires workers' compensation coverage from the first employee. Construction employers cannot use the 4-employee threshold that applies to non-construction businesses.
What Does This Rate Mean in Real Dollars?
At $7.84/$100, a worker earning $900/week costs $70.56/week. Annual cost for $150,000 payroll: ~$11,760.
Rate History — Code 9040
5-Year Rate Trend
Code 9040 — Florida NCCI rates
Source: Florida NCCI rate filings 2020–2024
Florida NCCI rates for code 9040 have decreased from $8.77 to $7.84 over the past 5 years — a positive trend for employers.
Why PEO Makes Sense for Code 9040
No deposit. No audit. Same-day COI.
Pool construction companies need quick certificates for residential jobs. PEO provides same-day COI and pay-as-you-go coverage.
No Deposit
Pay as you go each week
No Audit
Premium based on actual payroll
Same-Day COI
Instant certificate issuance
📋 Real-World Example
A pool construction company with 5 workers in Collier County. A worker falls into a partially completed pool excavation — $24,000 claim.
Common Job Titles Under Code 9040
Top Workers Comp Risks for Code 9040
The NCCI rate for this classification reflects the frequency and severity of workers' compensation claims historically filed by workers in this occupation. The primary risks include:
Florida Workers Comp Requirements for Code 9040
Florida Statute Chapter 440 governs workers' compensation requirements. For construction employers classified under code 9040, coverage is required with 1 or more employees — including the business owner unless a valid exemption is on file with the Florida Division of Workers' Compensation.
The Florida Division of Workers' Compensation conducts random job site inspections and can issue an immediate stop-work order if coverage is not current. The penalty is equal to twice the amount of premium that should have been paid, plus $1,000 per day per employee while uninsured.
OSHA Standards That Apply to Code 9040
Workers in this classification are subject to the following OSHA standards. Violations of these standards are the most common triggers for workers' compensation claims in this trade.
OSHA 29 CFR 1926.651
Specific Excavation Requirements: locate underground utilities before digging, provide safe access/egress for workers in pool excavations, and keep spoil piles at least 2 feet from the edge.
OSHA 29 CFR 1926.652
Requirements for Protective Systems: pools are deep excavations; sides must be properly sloped, shored, or shielded to prevent cave-ins when depths are 5 feet or more (unless in stable rock).
OSHA 29 CFR 1926.1153
Respirable Crystalline Silica: gunite/shotcrete, grinding, and tile cutting require a written silica exposure control plan, engineering controls (e.g., water delivery systems), and respirators when needed; objective data or air monitoring must support controls.
OSHA 29 CFR 1926.404(b)(1)
Ground-Fault Circuit Interrupters (GFCIs): all 120-volt, 15- and 20-amp receptacles used on pool construction sites must have GFCI protection or be covered by an assured equipment grounding conductor program—critical in wet environments.
OSHA 29 CFR 1926.701(b)
Protection from Impalement: protruding reinforcing steel in pool shells must be guarded (e.g., with rebar caps) to eliminate impalement hazards.
Florida Stop-Work Order Cases — Code 9040
The Florida Division of Workers' Compensation (DFS) actively enforces coverage requirements. Below are representative enforcement cases involving businesses classified under code 9040.
Miami-Dade County, 2023: A pool shell contractor in Hialeah was operating without workers’ comp while shooting gunite with a six-man crew. DFS documented 45 days of work and assessed $270,000 in daily penalties ($1,000/day per employee) plus twice the estimated unpaid premium of $25,800, for a total penalty of $295,800.
Hillsborough County, 2022: A Tampa pool builder misclassified dig and steel crews and paid several workers in cash with no active policy. After confirming 28 uncovered workdays for four employees, DFS issued $112,000 in daily penalties plus twice the unpaid premium of $14,400, totaling $126,400.
Lee County, 2024: At a Cape Coral site, investigators found a company using an out-of-state PEO certificate that did not cover Florida operations while acid-washing a new pool with eight laborers. DFS assessed $160,000 in daily penalties (20 days x 8 employees x $1,000) plus twice the unpaid premium of $18,400, for an overall penalty of $178,400.
Source: Florida DFS enforcement records. Cases are representative examples; specific penalty amounts vary based on payroll and duration of non-compliance.
Why Standard Carriers Decline Code 9040
Many standard insurance carriers restrict or decline coverage for businesses classified under code 9040. Understanding these declination triggers helps you find the right coverage path.
Uncontrolled excavation and trench exposures for deep pool digs; carriers decline when there’s no documented competent person, soil classification, or written trench protection program compliant with Subpart P.
High silica exposure from gunite/shotcrete, grinding, and tile cutting; lack of a written 1926.1153 silica plan, air monitoring/objective data, and respirator program often triggers declination or heavy surcharges.
Heavy reliance on uninsured 1099 crews or labor-only subs and poor COI tracking; standard markets won’t take 9040 risks that can’t prove subcontractors carry valid Florida WC throughout the policy term.
New venture or limited verifiable 9040 payroll/experience with prior losses, plus mobile crews towing compressors and mixers (auto and jobsite severity). Prior OSHA citations or DFS stop-work history also push accounts to the residual market.
Common Workers Comp Audit Mistakes for Code 9040
Year-end workers comp audits frequently result in unexpected additional premiums for businesses classified under code 9040. These are the most common audit mistakes to avoid.
Splitting field payroll into concrete flatwork, tile/stone, or excavation codes when the 9040 scope picks up all swimming pool construction operations performed by the same employer on the same job.
Carving out startup/acid-wash, plaster, tile, or deck-prep hours to a lower-rated code; when these tasks are part of the pool build your company performs, they remain in 9040.
Not collecting valid Florida WC certificates each policy period for subs (steel, dig, plaster, tile); labor-only invoices without WC proof are added back as 9040 payroll at audit.
Leaving out cash per diems, piece-rate/“per pool” bonuses, or 1099 day labor from remuneration; weak time records also cause all split roles (shop/field) to be assigned to 9040.
Experience Mod (EMR) & PEO Advantage
Code 9040 has severe-loss potential—cave-ins, rebar impalement, and silica-related injuries—so even one lost-time claim can push an experience mod above 1.00 and amplify the already high manual rate. Because the mod penalizes claim frequency, multiple minor injuries from plastering or tile work can raise your EMR as much as a single large loss. A PEO places you on a large master policy and delivers trench/silica safety support and return-to-work programs that control the claims driving your mod, often yielding better pricing access than standalone markets for high-mod 9040 risks.
Frequently Asked Questions — Code 9040
What is the workers comp rate for class code 9040 in Florida?
The Florida NCCI rate for class code 9040 (Swimming Pool — Construction) is $2.75 per $100 of payroll. For a business with $150,000 in annual payroll, the estimated annual workers comp cost is $4,128.
Can I get same-day workers comp coverage for class code 9040?
Yes. Through Comp Ninjas's PEO program, most businesses classified under code 9040 can be approved and receive a Certificate of Insurance (COI) within 24–48 hours. Same-day COI issuance is available in most cases once your application is complete.
Is class code 9040 considered high-risk in Florida?
Code 9040 is classified as high-risk based on its NCCI rate of $2.75 per $100 of payroll. This rate is above 5%, which means standard carriers may decline coverage or require large deposits. Our PEO program specializes in covering high-risk classifications that standard carriers decline.
What is the difference between a PEO and a traditional workers comp policy for code 9040?
A traditional policy for code 9040 requires an upfront deposit (typically 25–35% of annual premium), a year-end audit, and a minimum payroll requirement. Our PEO pay-as-you-go program calculates premium on actual payroll each cycle — no deposit, no audit, no minimum. For a business with $150,000 in annual payroll under code 9040, the annual cost would be approximately $4,128.
How do I switch to a PEO program if I already have a workers comp policy for code 9040?
You can switch at any time — you don't need to wait for your current policy to expire. We handle the transition and coordinate with your current carrier to avoid any coverage gaps. Most clients are enrolled and covered within 24–48 hours of submitting their application.
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