Class code 5022: masonry NOC

By Adrian Middleton, Sword & Shield, PLLC · Updated Saturday, October 24, 2026

What code 5022 covers

• Laying concrete block, brick, stone and glass block; installation of lintels and precast sills by the masonry crew.
• Mixing, tending, scaffolding and cutting for the masonry crew.
• Masonry repair, tuckpointing and restoration.
• Crew helpers and laborers.

What it does not cover

• Poured concrete work, footings, slabs and tie beams (5213, 5221), where records separate it.
• Stucco applied to the finished wall (5480).
• Stone or tile setting as interior finish (5348).
• Clerical and outside sales (8810, 8742) for employees who do nothing else.

How the Division assigns it on a stop-work order

On a stop-work order worksheet, the investigator assigns a class code to each uninsured worker for each period from two sources: the employer's records (payroll by job, job descriptions, invoices, permits) and the investigator's own observation on the jobsite. With no records, Rule 69L-6.028 directs the Department to impute payroll at the highest-rated class code the investigator observed. Block stacks, mixers and scaffolding on a slab identify the crew. The same crew pouring the tie beam is 5213 for those hours if the records separate it; otherwise the higher-rated code governs all hours. Under the NCCI basic manual the governing class is the one with the most payroll, and an employee's payroll is assigned to a single code unless the records separate it by operation; interchange-of-labor splits require contemporaneous payroll records, not after-the-fact estimates. Getting a worker moved from code 5022 to a lower-rated code is a records argument, made line by line on Form DFS-F4-1595.

Misclassification patterns the investigator looks for

• A masonry 'subcontractor' that is one exempt owner and an eight-man crew paid cash by the block: an uninsured employer for eight, and the builder is liable for all eight under s. 440.10(1)(b).
• Crew members 'leased' from a labor company that has no Florida policy or whose policy does not list them: uninsured employees of whoever pays them.
• Tenders and mixers coded as general labor: all masonry crew payroll is 5022.

Clerical (8810) and outside sales (8742) are standard exception codes. A worker's payroll goes there only if their duties are exclusively clerical or sales and the records show it. An office manager who also runs materials to the jobsite, or an owner who sells jobs and swings a hammer, is assigned to the governing construction class for all of their payroll. This is the single most common reclassification on a penalty worksheet.

The rate

Florida's approved manual rate for this code is filed by NCCI and approved by the Office of Insurance Regulation effective each January 1. The Department's worksheet uses the rate in effect for each period of non-compliance, so a 24-month lookback can span three rate years. Rates are not stated on this page because they change; your agent, carrier or the current NCCI Florida rate pages have the figure. The free calculator takes the rate as an input.

Questions