Saturday, January 11, 2020

Using the DOT Industry Designation to Erode Numbers Reported by Job Browser Pro

We talked about the release of Job Browser Pro 1.7 last year.  Here is the most important features of ver. 1.7 that differ from prior versions:
Because the extensive research we have done has enabled estimation of employment at a weighted average of 88.3% for each SOC/OES group, we no longer allow customers to immediately modify NAICS industries for a DOT occupation. We do allow customers to submit suggestions, which we will review and incorporate into a subsequent update as appropriate. We want to prevent double counting and inappropriate NAICS, so we will study each suggestion in the context of the impact of that suggestion on the entire SOC/OES Group.
The emphasis belongs to SkillTran.  A vocational expert that uses a prior version of JBP can add industry codes, double count two, three, four, five, and six digit NAICS codes.  That makes the job number estimate unreliable.

 Our objective is to establish that the industry code (NAICS) assignments either double count or are just wrong.  We can start with lens inserter (DOT 713.687-026).  JBP assigns lens inserter to jewelry and silverware (NAICS 332210) and estimate 183 jobs.  But the DOT industry assignment is optical goods manufacturing, not jewelry and silverware.

We can show the correct industry assignment for occupations in the optical goods industry by examining final assembler (DOT 713.687-018).  JBP assigns final assembler to the medical equipment and supplies manufacturing industry group (NAICS 339100).  JBP links to its restatement of County Business Patterns, the blue CBP link.  That leads here.  Once there, we can click on the Show Products for this NAICS button.  Medical equipment and supplies manufacturing group includes the manufacture o eyeglass frames (NAICS 339115), the focus of final assembler job duties.  NAICS 339115 is the specific industry for ophthalmic goods manufacturing, a subset of medical equipment and supplies manufacturing industry.

We return to lens inserter and find the duties involve fitting lenses into sunglass frames.  The manufacture of sunglasses and goggles is a medical equipment and supplies manufacturing industry group is found in NAICS 339115, the ophthalmic goods manufacturing manufacturing industry.  Clearly lens inserter should include NAICS 339100 as the industry group that includes NAICS 339115.  But should it include NAICS 332210, jewelry and silverware manufacturing?

No.  Following the blue CBP link for jewelry and silverware manufacturing leads here.  The Show Products for this NAICS button displays the products manufactured in this specific industry.  The manufacture of glass(es), frame(s), lens(es), or anything related to the optical goods industry and the narrative description of lens inserter is missing.

That leads to the SSR 00-4p question of apparent conflict with the DOT.  There is an apparent conflict if and only if the JBP report for lens inserter is in the record.  The DOT is in the record by virtue of the ruling.  But the submission of the JBP report is the representative's responsibility on a post-hearing submission.  We must create a record that shows an apparent conflict and then ask the ALJ to resolve the conflict based on a reliable methodology.

Obviously the report of 183 jobs is rarely a concern.  The VE probably did not identify 183 jobs reported by JBP.  The VE probably identified what most of them identify, circa 20,000 jobs.  Submission of the JBP report for lens inserter establishes a conflict point and the submission of final assembler represents a more reliable estimate.  JBP reports 281,335 employees in the medical equipment and supplies manufacturing industry group.  If anyone believes that 9% of those jobs are unskilled sedentary production workers, all other, I do have a bridge to sell.

A more common problem is identification of unskilled light work, e.g. small products assembler I (DOT 706.684-022).  We address that occupation in the next blog.



Lawrence Rohlfing, Using the DOT Industry Designation to Erode Numbers Reported by Job Browser Pro," California Social Security Attorney (January 11, 2020),

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