Thursday, January 19, 2017

A Follow-Up on Sample Maker

We addressed the vocational expert equivocation about the four-and-four sit-stand option in Vocational Experts Will Say Anything.  We continue that discussion by looking at the O*NET information about the occupational group of Tailors, Dressmakers, and Custom Sewers, to which the sample maker belongs. 

To recap, the vocational expert testified that our non-English-speaking claimant could go back to work as a sample maker with a sit-stand option and the inflexible four hours each, maximum.  The O*NET says this:

Spend Time Sitting — How much does this job require sitting?See more occupations related to this work context.
27     Continually or almost continually
15     More than half the time
40     About half the time
13     Less than half the time
According to the O*NET, this occupational group requires continuous or almost continuous sitting in 27% of jobs; sitting more than half the time in 15% of jobs; and less than half the time in 13% of jobs.  In 40% of the jobs, the worker must sit about half the time.  Curious, the O*NET reports:

Spend Time Standing — How much does this job require standing?
47     About half the time
32     Less than half the time

We have slightly different reports about sitting as opposed to standing about half the time.  The reasonable explanation comes from the other primary exertional activity -- walking. 

Spend Time Walking and Running — How much does this job require walking and running?
66     Less than half the time
24     Never

The question asked about occasional bending, stooping, squatting and kneeling.  The O*NET reports:

Spend Time Bending or Twisting the Body — How much does this job require bending or twisting your body?
15     About half the time
29     Less than half the time
24     Never
Spend Time Kneeling, Crouching, Stooping, or Crawling — How much does this job require kneeling, crouching, stooping or crawling?
32     Less than half the time
38     Never
A significant percentage of postural activities are unaccounted for. 

We can end this piece of the inquiry with the language problem.  The occupation as generally performed:

51 
English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar.

The concept of "as generally performed" has limited definition in Social Security Ruling 82-61.  A fair question inquires whether less than half constitutes "as generally performed" or the word used by the ruling, "ordinarily."  More on that later. 

Production Workers, All Other -- List of DOT Industries and Number of Occupations

In this unending quest to eviscerate the identification of work inside of Production Workers, All Other as representing a significant number of jobs in any single DOT code, I present the list of the industries and the number of DOT codes associated with that industry designation. 

To recap, SOC code 51-9199 represents 1,526 different DOT codes after extracting 61 DOT codes to form SOC code 51-3099.  To determine the number of jobs in any DOT code, we need to cross-index the SOC code with the industry code in the Employment Projections.  Getting more specific with the industries listed in County Business Patterns provides more specificity.  But that doesn't not end the inquiry.  The estimate of the number of jobs represented by a single DOT code must look to the occupation and industry codes and then take into account the number of other DOT codes that share that intersection(s).  Here is the list to aid in that endeavor:

No. DOT Codes DOT Industry Designation
1 agricultural equipment
2 agriculture
1 air transportation
8 aircraft manufacture
1 amusement recreation
52 any industry
4 auto manufacturing
9 automotive service
96 boot & shoe
7 brick and tile
21 buttons and notions
1 building material
11 carpet and rug
48 chemical
47 clock and watch
3 communication equip.
12 concrete products
2 construction
8 cutlery-hardware
27 electrical equipment
18 electronic component
76 fabrication nec
8 foundry
2 fur goods
81 furniture
22 garment
15 glass manufacturing
15 glass products
1 glove and mitten
53 hat and cap
4 household appliances
12 instruments and apparatus
27 jewelry and silverware
14 knitting
5 laundry and related
16 leather manufacture
16 leather products
5 light fixtures
2 machine shop
1 machine tools
4 machinery mfg.
6 manufactured bldgs
2 meat products, other
2 medical services
15 metal products other
8 millwork-plywood
3 mine and quarry
3 motion picture
6 motor bicycles
1 museums
18 musical instruments
10 narrow fabrics
11 nonferrous metal
21 nonmetallic mineral
8 office machines
4 oils and grease
20 optical goods
50 ordnance
2 paint and varnish
14 paper and pulp
61 paper goods
16 pen and pencil
1 personal services
2 petroleum and gas
1 petroleum refining
4 pharmaceuticals
3 photo apparatus
4 photofinishing
13 plastic products
11 plastic synthetics
1 plumbing and heating
9 pottery and porcelain
16 printing/publishing
16 protective services
7 railroad equipment
2 recording
7 retail trade
50 rubber goods
9 rubber tire
5 service ind. Machine
16 ship and boat building
9 smelting and refining
2 soap and related
7 steel and related
11 stonework
3 structural metal
69 textiles
71 textiles, other
2 tinware
16 tobacco
55 toy-sport equipment
2 utilities
2 vehicles, other
11 wood products other
25 wooden container
25 woodworking
1526 TOTAL DOT CODES

The next project requires correlation between the DOT industry designations and the NoemplAICS codes used by BLS in the Occupational Employment Statistics, including the employment projections, and by the Census Bureau in County Business Patterns. 

Saturday, January 14, 2017

Understanding Production Workers, All Other -- SOC 51-9199

A favorite of vocational experts all across the country -- occupations within the designation of production workers, all other.  Click on the link for an O*NET list of 1,590 DOT codes that fall within the SOC group with the designation 51-9199. 

That isn't accurate.  Go back to the 2011 Occupational Employment Statistics (OES).  There isn't a 51-9199.  But there is a SOC/OES group designated 51-9399.  The Bureau of Labor Statistics explains for 2011:
* This occupation has the same title, but not necessarily the same content, as the 2010 SOC occupation
This OES occupation is a combination of data collected for the 2010 SOC occupations 51-3099 Food Processing Workers, All Other, 51-9199 Production Workers, All Other and the 2000 SOC occupation 51-9199 Production Workers, All Other. 
 In 2012, BLS reports jobs numbers for 51-9199 and 51-3099.  As of 2011, production workers, all other bore a child, food processing workers, all other.  When O*NET lists 1,590 DOT codes for 51-9199, it hasn't caught up to the split.  We know this because 51-3099 lists no DOT codes.  Our friends at SkillTran use their connections with Labor to ascertain that food processing workers, all other at 51-3099 contains 61 unskilled to skilled light to heavy occupations.  SkillTran's Job Browser Pro leaves 1,526 DOT codes in 51-9199.  I have not ascertained where the other three went -- it is beyond the scope of this piece.  What we do know is that 51-9199 contains fewer than 1,590 occupations because BLS put some of them into 51-3099. 

Back to the task at hand -- what is the nature of 51-9199 and how many jobs exist in any particular DOT code residing in that accumulation?  The O*NET characterizes 51-9199 as:
"All Other" titles represent occupations with a wide range of characteristics which do not fit into one of the detailed O*NET-SOC occupations. O*NET data is not available for this type of title. For more detailed occupations under this title, see below.
This description of the 1,500+ DOT codes is simple -- it is a wastebasket for a group of codes that have little in common with each other and existing in insufficient numbers individually or in discernable groups to warrant a "real" SOC code of their own.  The O*NET makes the same statement about the 51-3099; it repeats the first two sentences quoted above.  By my count, there are 50 SOC groups that have that "all other" designation.

This takes us to the reason why vocational expert designate occupations within 51-9199 with impunity.  Their is no hard data to contradict anything that they say about the physical, mental, and skill requirements of the work.  Other O*NET codes have detailed information about the requirements of the occupational groups, but the 99's.  They are too disparate and dissimilar to have any published data. 

As presently constituted, 51-9199 contains 52 separate sedentary unskilled DOT codes and 390 light unskilled DOT codes.  Sedentary and light semi-skilled and skilled occupations make up another 440 DOT codes.  Over a third of the sedentary unskilled occupational base and almost a quarter of the light unskilled occupational base identified in the Appendix 2 regulations individually don't amount to a significant number of jobs.  If they did, they would be in their own SOC group,  Let's prove it. 

From the employment projections that form the foundation of the Occupational Outlook Handbook.  For 51-9199 EP, BLS reports

Industry 2014
Sort Order Code Title Employment Percent of industry Percent of occupation
1 TE1000 Total employment 236.2 0.2 100.0
27 31-330 Manufacturing 105.0 0.9 44.5

If the vocational expert identifies a manufacturing occupation, the number cannot exceed 105,000 jobs and then only if there are no other occupations with different skill or exertion levels. 

63 326000 Plastics and rubber products manufacturing 5.7 0.8 2.4
64 326100 Plastics product manufacturing 4.3 0.8 1.8
65 326200 Rubber product manufacturing 1.3 1.0 0.6

The DOT reports three light unskilled and 10 other DOT codes in the plastic products industry that fall into 51-9199.  The DOT reports eight unskilled light and 43 other codes in the rubber products industry that fall into 51-9199. 

There are 20 DOT codes in the optical goods industry.  NAICS.com reports that industry designation 339115 covers ophthalmic goods manufacturing.  The closest we get to in the EP reports:

123 339100 Medical equipment and supplies manufacturing 3.5 1.1 1.5

County Business Patterns reports industry employment:

339115 Ophthalmic Goods Manufacturing 24,910

Using the EP 1.1% of the industry represents 51-9199 jobs, we get 274 jobs ... in 20 different DOT codes.  That tells us that there are NOT thousands of lens inserters or final assemblers of optical goods.  The only other possibility is:

333314 Optical Instrument and Lens Manufacturing 15,003

And the EP says:

93 333300 Commercial and service industry machinery manufacturing 0.6 0.7 0.3

600 jobs.  But don't be fooled -- none of the businesses in 333314 fit final assembler or lens inserters. 

There are 52 sedentary codes and 390 codes to walk through.  The EP and the CBP inform the process.  The EP are part and parcel of the OOH.  The CBP are separately noticed.  20 CFR 404.1566(d); 416.966(d). 

The proof starts with cross-examination.  Good luck. 

Wednesday, January 4, 2017

Furniture Rental Consultants part II


Last year, we addressed the furniture rental consultant.  More like last week.  Mr. Olinsky suggested that furniture rental stores are everywhere in the red states.  Let's look at the occupation-industry matrix from BLS, sorted by industry.  

The reports available for the retail trade sector:





Retail trade, except motor vehicle and parts dealers, food and beverage stores, and general merchandise stores

4445R0
Summary
442000-4000, 446000-8000, 451000, 453000-4000
Furniture and home furnishings stores
442000
Summary
442000
Furniture stores
442100
Line item
442100
Home furnishings stores
442200
Line item
442200
Electronics and appliance stores
443000
Line item
443000
Building material and garden equipment and supplies dealers
444000
Summary
444000
Building material and supplies dealers
444100
Line item
444100









When we look at furniture and home furnishing stores, BLS reports total employment of 454,600 jobs.  Not a small industry by any stretch.  Here is how BLS breaks down the employment of retail sales workers:

41-2000 Retail sales workers 230.1
41-2010 Cashiers 15.4
41-2011 Cashiers 15.4
41-2020 Counter and rental clerks and parts salespersons 0.6
41-2021 Counter and rental clerks 0.6
41-2031 Retail salespersons 214.0









The retail salespersons (41-2031) make up the largest group of employees under the umbrella of retail sales workers (41-2000).  Retail salesperson includes:









270.357-030    Salesperson, Furniture









That is a semi-skilled occupation and largely irrelevant for disability purposes absent transferable skills.  





The industry matrix gives the data by industry to permit looking at the allegation of widespread employment in the furniture rental industry.  Salespersons, whether selling or renting, is a semi-skilled position and represents almost half of total industry employment -- 454,600 jobs.  BLS again confirms that the unskilled occupation nestled inside of 41-2021 does not exist in significant numbers.