WorkScape Analytics -- What Is Seriously Wrong, on First Blush

I had the experience of having a hearing with Victor Alberigi yesterday. He uses WorkScape Analytics. All representatives need to know what is wrong with Alberigi's testimony and I believe is a serious flaw in WorkScape. 

Alberigi believes that light work requires six hours of standing/walking in a workday and cannot be dissuaded from that concept. Alberigi testifies that WorkScape residual functional capacity (RFC) program does not allow for input of the amount of standing (including walking) required of a worker. Just the exertion level, not the amount of standing. Eric Rohlfing sat in on a training session for WorkScape several months ago. He asked the demonstrator where he could input a limitation in standing (including walking) in the RFC. WorkScape told Eric that the Occupational Requirements Survey did not cover standing (including walking) and that WorkScape did not use any measure for limitations in standing (including walking).

Alberigi is wrong. WorkScape is wrong. The ORS Collection Manual (available on the BLS website and linked as a download in https://www.occucollect.com/account/?page=Downloads) describes in Chapter 5 the inquiry into the physical demands of jobs. Section  5_02 addresses Sitting vs. Standing/Walking. The ORS states:

There are three components to this element: 

• Sitting 
• Standing/Walking 
• Sitting/Standing at Will

Page 94. When a worker can sit or stand, the demand is classified as sitting. When a worker must stand (or walk) the demand is classified as sitting. The ORS states:

Sitting is present when any of the following conditions exists: 

• Workers remain in a seated position. This includes active sitting. For example, bicyclists sit but push/pull with their feet/legs. 

• Workers are lying down. This includes active lying down. For example, a mechanic lying on a dolly working underneath a vehicle is sitting. 

• Workers may choose between sitting and standing for a given task. For example, office workers can choose a standing desk.

Id. The amount coded for sitting or standing/walking must add up to the entire workday. If they don't add up to eight, the person does not work an eight-hour day. If they up to ten, the person works a ten-hour day. The ORS addresses sitting/standing at will. The ORS states:

Sitting/Standing at Will 

The ability to alternate between Sitting/Standing at Will is present when the following conditions exist: 

• Workers typically have the flexibility to choose between sitting and standing throughout the day and 

• There is no assigned time during the day to sit or stand and 

• No external factors determine whether an employee must sit or stand.

Pages 96-97. The ability to choose whether to sit or stand at will is a choice when to perform required or critical work tasks, it may or may not alter the amount of time sitting and can never decrease the amount of the time coded for standing (including walking). 

The ORS provides examples where a choice to sit or stand does exist. A traveling sales person can choose when to drive and take breaks as needed. Software engineers use a standing desk except during client meetings. A billing supervisor may stand/walk to resolve client/customer issues. An office clerk can choose when to file and typically stands while filing invoices. A sales representative can choose when to make appointments and can make additional stops. Those workers have a choice. Using a standing desk can add time to standing. Making stops on a drive can add time to standing/walking. None of the examples subtract one second from standing (including walking). If a person has a choice, the code is sitting, not standing. 

The ORS provides examples where a choice does not exist. A teacher that escorts students to certain areas does not have a choice. Delivery drivers do not have a choice. A trucker on a schedule does not have a choice. A parking lot attendant must stand when cars enter or to accept payment is regulated by external factors -- that person does not have a choice. A security guard can choose when at a station by must walk to investigate (or make mandatory rounds) is regulated by external factors. 

Are there light and medium jobs that require not more than six hours of standing/walking during a day? Probably. Most light and medium jobs have a limit of six hours of standing/walking during a day? No, not unskilled work as defined by the regulations. Representatives must remember and apply the definition of unskilled work:

Unskilled work is work which needs little or no judgment to do simple duties that can be learned on the job in a short period of time. The job may or may not require considerable strength. For example, we consider jobs unskilled if the primary work duties are handling, feeding and offbearing (that is, placing or removing materials from machines which are automatic or operated by others), or machine tending, and a person can usually learn to do the job in 30 days, and little specific vocational preparation and judgment are needed. A person does not gain work skills by doing unskilled jobs.

20 CFR § 404.1568(a) (emphasis added). 

Now I am on a roll and really annoyed with Alberigi and WorkScape. Using WorkScape and inputting a light RFC, Alberigi identified security guard. WorkScape coughs up security guard (SOC 33-9032) at over 800,000 jobs. None of the resident DOT codes have less than SVP 3. But the ORS states that 85% of the jobs have a training time of up to one month and less than 5% have a short demonstration.  

There are two problems with this vapid conclusion. First, the ORS states clearly that credentials are required for security jobs in 85.5% of jobs and a license is required in 58.2% of jobs. Those two criteria overlap but are not co-centric or co-terminus. Why would I say that? Because security guards require more than little or no judgment. Possessing judgment is not a nice add-on, it is the core essential function of a security guard. The ORS says that most security guards must engage in problem solving less often than monthly, including never. But a security guard must always have the capacity to use judgment. Gate guard (DOT 372.667-030) is the simplest of the security guard positions. The DOT says:

Guards entrance gate of industrial plant and grounds, warehouse, or other property to control traffic to and from buildings and grounds: Opens gate to allow entrance or exit of employees, truckers, and authorized visitors. Checks credentials or approved roster before admitting anyone. Issues passes at own discretion or on instructions from superiors. Directs visitors and truckers to various parts of grounds or buildings. Inspects outgoing traffic to prevent unauthorized removal of company property or products. 

(Emphasis added). Guarding, checking, using discretion, following instructions, inspecting, and preventing theft are earmarks of judgment as used in the DOT. It may not take long to get a guard card but it takes judgment to perform the work. 

WorkScape must add on standing (including walking) and sitting to its RFC calculator. If it wants to be all-inclusive, it must make the full ORS reports available. As it is right now, WorkScape keeps the user in the dark about the rest of the data. 

Alberigi and other users of WorkScape must access the ORS data. No reasonable person should simply regurgitate what WorkScape coughs out. If a person wants to testify, that person must know the data not just repeat the indefensible. 

And now for the advertisement. WorkScape charges $89 per month or $900 per year for the basic plan. The premium plan is $188 per month or $2,000 per year. 

OccuCollect.com is $29 per week, $49 per month, or $299 per year. OccuCollect has a job numbers calculator but it also has the full array of ORS data, DOT/SCO summary and detailed reports, O*NET work abilities and work context reports, the OEWS, the OOH, the EP, the EP and OEWS industry by industry breakdown of jobs in a SOC code, and the CBP. OccuCollect.com provides all the data for 15% of the price. It is the better deal. Sign up now before prices go up in 2026. 

Legal Aid organizations get a special deal. Call Eric if you work for Legal Aid. 

Vocational witnesses will punk you and steal from your clients -- and you by extension. Don't let that happen. 

Hurry. 

___________________________


Suggested Citation:

Lawrence Rohlfing, WorkScape Analytics -- What Is Seriously Wrong, on First Blush, California Social Security Attorney (October 17, 2025, 2025) https://californiasocialsecurityattorney.blogspot.com


The author has been AV-rated since 2000 and listed in Super Lawyers since 2008.