Since the 2019 negotiations, you have had the option to “opt out” of EESISP coverage in certain situations. This allows you to enroll in a project’s Owner Controlled Insurance Program (OCIP) or Contractor Controlled Insurance Program (CCIP), or in some cases, secure your workers’ compensation and disability coverage through the private insurance market or the New York State Insurance Fund.
Outlined below are scenarios to help guide your company in successfully opting out of EESISP:
Scenario No. 1: Jobs that have not yet been awarded which have an available OCIP or CCIP: Letter 1(a) applies to all jobs other than Port Authority, SCA or MTA (including LIRR) projects. (The latter are covered by Letter 1(b).) On the former jobs, covered by Letter 1(a), in order to opt out you will still have to pay EESISP a ½ % fee plus the supplemental benefit, and submit certified payrolls. On the Port Authority, SCA, and MTA (including LIRR) projects covered by Letter 1(b), you will have to submit certified payrolls and pay EESISP the supplemental benefit, but not the ½ % fee. Please note that not all Port Authority, MTA, and SCA jobs are covered by letter 1(b) due to some projects having private OCIPS or CCIPS. These jobs would still be considered EESISP required projects.
Scenario No. 2: In certain instances, when neither an OCIP nor CCIP is available to enroll in, you may be competing against unaffiliated contractors. A request can be made to Local 3 to waive the normal EESISP participation requirements under the CBA, if that will make your bid more competitive. In such cases, whether the job is privately or publicly funded, we suggest that you use Letter 2 or add a request for exemption from EESISP to the list of modifications for the project you have already requested from Local 3. If an exemption is granted, it will be conditioned upon payment to EESISP of a ½% fee plus supplemental benefit, and submission of certified payrolls.
For all of the scenarios outlined above, you are required to submit the certified payroll form approved by EESISP.
If one of these scenarios applies to you, please complete the appropriate letter and email it to Rob Saville, Chairman of EESISP (RSaville@fivestarelectric.net), with copies to the following individuals:
You must also provide EESISP with a copy of your Certificate of Insurance (COI) as proof of successful enrollment.
Please note you are allowed, as of right, to enter any OCIP/CCIP when offered. This exercise is simply a notification to EESISP. If you elect to maintain EESISP as your primary coverage, you will be responsible for paying the full Trustee-approved applicable rate.