In SSR 24-3p, the Commissioner of Social Security doubles down on the viability of the Dictionary of Occupational Titles (DOT) as a reliable source for occupational information as well as the quest for vocational witnesses to do something that they are not trained to do, estimate job numbers. EM-21065 REV 2 cautions that OccuBrowse (the first tier of SkillTRAN products) allows searches by a variety of other lists, "such as industry." The EM makes a more general statement about Job Browser Pro and notes that OASYS uses the same methodology for its data estimates.
On top of this layer, the importance of industry and how industry impacts job numbers analysis is not predictable in hearings. Some vocational witnesses will use a SkillTRAN product, others reject them, some do not consider industry at all, and some make up their own unique black box that we do not get to see. In the age of SSR 24-3p and the general description of methodology, the industry in which an occupation exists matters.
The introduction to the DOT in the parts of the occupational definition, the DOT recognizes that it lists industry in every DOT code. It is in parentheses. The Employment Training Administration states:
In compiling information for the DOT, analysts were not able to study each occupation in all industries where it occurs. The industry designation, therefore, shows in what industries the occupation was studied but does not mean that it may not be found in others. Therefore, industry designations are to be regarded as indicative of industrial location, but not necessarily restrictive.
To use the DOT description as applicable to an occupation in an industry not contemplated by the DOT is a misuse of the DOT. The DOT description applies to the industry or industries in which ETA studied that occupation. The industry designation "is an integral and inseparable part of any occupational title. An industry designation often tells one or more things about an occupation." The "any industry" designation has alternate meanings:
1. Nearly all industries
2. In a number of industries, but not most industries and which are not considered to have any particular industry attachment.
The lead statement (after the alternate titles, if any) provides other information that is useful in "any industry" occupations to narrow the field.
Job Browser Pro and OASYS assign the DOT codes to the industries in which SkillTRAN believes that the occupation exists. Why? Because the DOT states industry specifically or suggests the industries in the lead statement or task element statements. When a vocational witness does not or cannot provide industry designations using the North American Industry Classification System (NAICS), that testimony is inconsistent with the DOT.
Where else are the NAICS codes used? Glad you asked. County Business Patterns (CBP) states aggregate job numbers in specific industries, industry groups, industry subsectors, and industry sectors. CBP provides the data county-by-county, state-by-state, and nationally. CBP is number (2) on the list of sources that SSA considers reliable. 20 CFR 404.1566(d)(2). CBP uses NAICS codes and so you every vocational witness (and representative). CBP provides a real challenge to novice users. OccuCollect does the work for users.
Are there any other governmental data sources that use NAICS codes? We are on a roll, YES. The Occupational Employment and Wage Statistics (OEWS) provides job numbers at the occupation-industry intersection (SOC-NAICS) to the industry group (four non-zero digits) and some specific industries (five- and six-digits). The OEWS reports industry sector (two digits) and subsector (three digits) as well. The OEWS is mentioned as an acceptable source in SSR 24-3p. The OEWS data is difficulty to navigate. OccuCollect does the work for users.
Is there another one? Yes there is. The Employment Projections table 1.8 (EP) provides industry-occupation matrix date by occupation and table 1.9 by industry. The EP data is very similar to the OEWS data and easier to use. OccuCollect reports that data and in a crosswalk report puts that data side-by-side to the OEWS data.
Lens inserter and final assembler are in the optical goods industry. That is a very small industry inside of the industry group medical equipment and supplies manufacturing (NAICS 339100). Small products assembler I puts together small parts. The DOT says "any" but the job duties belie the "any" as meaning "all." Small products assembler works in parts of the manufacturing sector (NAICS 31-33) and more likely that the last third of that huge listing, NAICS 33xxxx. Small products assembler II has a job description dealing with wood products. Small products assembler II does not work with metals. See Employment Projections, 51-9199. The EP are the foundation of the Occupational Outlook Handbook and every SOC code in the OOH hyperlinks to the EP. The OOH is number (5) on the list for administrative notice. 20 CFR 404.1566(d)(5).
When an occupation does have a clear industry designation or the lead statement/task elements suggest or exclude industries, a representative must hold the vocational expert to the task of identifying the industries considered. Industry matters. That is unless the vocational witness studied the occupation in every industry.
I doubt it.
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Suggested Citation:
Lawrence Rohlfing, When Looking at Job Numbers, Why Does Industry Matter?, California Social Security Attorney (March 19, 2025) https://californiasocialsecurityattorney.blogspot.com
The author has been AV-rated since 2000 and listed in Super Lawyers since 2008.
