When Looking at Job Numbers, Why Does Industry Matter?

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. 

___________________________

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.

A Re-Definition of Light and Sedentary Work

The Occupational Requirements Survey, as the core replacement for the Dictionary of Occupational Titles, is well underway.  The Handbook of Methods describes the process and what the data actually means.  For a list of the work activities measured, see the Collection Manual.  

Fundamental to the structure of Social Security's medical-vocational guidelines is the classification of the exertional demands of work.  SSA classifies the exertional demands of work by regulation, 20 CFR §§  404.1567, 416.967.  Those definitions correspond the the exertional demands of work described in the DOT.  The ORS defines non-sedentary ranges of work:

Footnote 1 applies to the constant use of force on a negligible weight as "anything less than 1 pound."  

The ORS defines sedentary by exclusion:  none of the lifting/carrying criteria are met and standing/walking is less than or equal to one-third of the workday.  If none of the lifting/carrying requirements are met but standing/walking is greater than one-third of the workday, the work is light.  

The first definition to change pertains to light work.  The ORS expands the definition of light work by defining negligible weight.  A negligible weight is less than a pound.  Work that requires constant force applied to less than one pound requires light exertion.  The second change is more profound:  light work has a maximum lift/carry of 25 pounds occasionally or seldom.  These two changes expand the reach of the light work definition.  

The definition of sedentary work changes subtly.  Many SSA adjudicators use rough definitions of up to 10 pounds occasionally and less than 10 pounds frequently.  That working definition to does restrict itself to sedentary work under the 2019 ORS definition of sedentary work.  Frequent use of force on a negligible weight is now restricted to less than one pound.  The standing/walking ceiling for sedentary work remains at occasional or one-third of the workday.  The definition of negligible weight as applied to frequent lifting/carrying and the exclusion of any constant use of force narrows the reach of the sedentary work definition.  

The number of unskilled sedentary jobs has decreased by definition.  Considering the automation and export of unskilled production work overseas, the number of sedentary unskilled work has shrunk.  The number of unskilled light jobs has increased by definition encroaching on both sedentary and light ranges under the DOT/regulations.  The clarity that frequent lifting/carrying of 11 pounds or constant lifting/carrying of 1+ pounds as requiring classification as medium work does take back some of the job numbers turf.  

My expectation is that unskilled sedentary production work is non-existent in any significant numbers.  The clarification of what constitutes a negligible weight and defining frequent lift/carry of 11 pounds as medium will cause some work to get re-classified as medium, not light.  

Disregarding skill level, 27.4% of the jobs in the national economy require sedentary exertion and 33.4% require light exertion. Workers engage in medium work in 28.4% of jobs.  Workers engage in unskilled work in 33.6% of jobs.  How the skill and exertion levels interact is not stated by the ORS.  And I will not ask a vocational expert or witness at a hearing -- they don't know.  

Get all your data from the ORS, O*NET, OOH, OES, DOT, and SCO at www.occucollect.com.  

___________________________

Suggested Citation:

Lawrence Rohlfing, A Re-Definition of Light and Sedentary Work, California Social Security Attorney (January 12, 2021) https://californiasocialsecurityattorney.blogspot.com/2021/01/a-re-definition-of-light-and-sedentary.html

Assembler, Production (DOT 706.687-010) and the JBP Industries

This is the first follow-up on the generic instruction to always check the NAICS codes when the VE uses JBP as a basis for job number evidence.  Production occupations are the bread the butter of vocational experts (VE).  The American economy has a large manufacturing sector.  It makes sense that production work exists.  The question is how many exist as light, unskilled work.  A VE could identify production assembler and cite Job Browser Pro (JBP) for the proposition that this single DOT represents over 67,000 jobs.  The question that the representative must ask is whether JBP is reliable as to this occupation.  We start with the DOT code:

706.687-010 ASSEMBLER, PRODUCTION (any industry)
Performs repetitive bench or line assembly operations to mass-produce products, such as automobile or tractor radiators, blower wheels, refrigerators, or gas stoves: Places parts in specified relationship to each other. Bolts, clips, screws, cements, or otherwise fastens parts together by hand, or using handtools or portable power tools. May tend machines, such as arbor presses or riveting machine, to perform force fitting or fastening operations on assembly line. May be assigned to different work stations as production needs require. May work on line where tasks vary as different model of same article moves along line. ay be designated according to part or product produced.
GOE: 06.04.22 STRENGTH: L GED: R2 M1 L1 SVP: 2 DLU: 80

The DOT designates any industry but the narrative specifies the mass production of radiators, blowers, wheels, refrigerators, and gas stoves. Any industry does not mean all industries, it means many industries and at least more than four. The narrative narrows the scope of any industry to those industries that make vehicle parts, refrigerators, and gas stoves. Anything outside of that scope requires an explanation under SSR 00-4p.

JBP starts the list of North American Industry Classification System (NAICS) list with food manufacturing subsector (NAICS 311000).  The manufacture of food does not involve the mass production of vehicles parts, refrigerators, or gas stoves.  It requires an explanation for that apparent conflict with the DOT.  

JBP lists eight industry groups (NAICS 311100 - 311800) after listing the food industry subsector.  That is double counting.  Each of the industry groups list between 4 and 12 DOT codes in each occupation-industry intersection.  The line for the industry subsector claims that production assembler is the only DOT code at that intersection.  The counting of the industry subsector fails to account for the other DOT codes in the industry groups.  

The CBP hyperlink in JBP lists no DOT codes.  The CBP page for other food manufacturing (NAICS 311900) does not list any production workers, all other (SOC 51-9199) occupations.  There are more jobs for production workers within NAICS 311000 than there are for NAICS 311100 - 311800.  

The next industry subsector listed by JBP is beverage and tobacco manufacturing (NAICS 312000).  JBP duplicates the number of jobs with industry group of beverage manufacturing (NAICS 312100).  The group has six DOT codes, the industry subsector just has production assembler.  Production assembler does not manufacture beverages or tobacco products and JBP has double counted.  

JBP lists textile product mills (NAICS 314000) and leather and allied product manufacturing (NAICS 316000).  JBP lists the printing and related support activities industry (NAICS 32300) and the petroleum and coal products manufacturing industry (NAICS 324000) subsectors.  These industries require an explanation in light of the narrative description of what production assemblers do on the job.  

JBP lists wood product manufacturing subsector (NAICS 321000) and three industry groups (NAICS 321100 - 321900).  JBP commits the same errors in listi9ng the paper manufacturing industry subsector (NAICS 322000)  and the pulp, paper, and paperboard mills manufacturing industry group (NAICS 322100).  JBP lists chemical manufacturing subsector (NAICS 325000) and seven industry groups (six of them in two composite groups) (NAICS 325100 - 325900).  JBP suggests the plastics and rubber products manufacturing subsector (NAICS 326000) as well as the plastics industry group and the rubber product manufacturing group (NAICS 326100 - 326200).  There is an apparent conflict with the DOT and double counting without accounting for all the DOT codes listed in the industry groups.  

The process of questioning the NAICS code assignment and the double counting problem continues.  JBP has not set forth a reliable methodology and any testimony based in whole or in part of JBP for this occupation is necessarily flawed.  

JBP confesses the unreliable methodology on the face of the Estimated DOT Employment Numbers tab.  JBP states that the Occupational Employment Statistics estimates that 1,590 DOT codes inside of production workers, all other represent 222,230 jobs in the nation.  The selected industries represent 274,076 jobs in version 1.70.2 of JBP.  The part cannot exceed the size of the whole.  JBP's job number estimate is not reliable for this occupation.  

______________________

Lawrence Rohlfing, Assembler, Production (DOT 706.687-010) and the JBP Industries, California Social Security Attorney (October 6, 2020), https://californiasocialsecurityattorney.blogspot.com/2020/10/assembler-production-dot-706687-010-and.html

When the Vocational Expert Cites Job Browser Pro for Job Numbers; Check the NAICS Codes

 The title says it all and if you know exactly what that means, this piece tells you something that you already know.  For those that don't know exactly what the title of this piece means, this is a primer.  

DOT

The DOT contains a parenthetical statement of industry.  The industry statement is an integral and inseparable part of the DOT description of any occupation. The Introduction, Parts of the Occupational Definition to the DOT says exactly that.  

The body of the definition contains the lead statement that describes worker actions; objective or purposes of worker actions; machines, tools, equipment and work aids used; materials, products, subject matter dealt with or services rendered; and instructions/judgment involved.  This is the other clue to where the occupation belongs.  

Job Browser Pro

JBP uses the Department of Labor crosswalk to determine the SOC code for an occupation.  This used to be always true; it is now true most of the time.  See the prior post about Goode v. Commissioner.  

JBP uses a combination of the industry designation and the narrative definition of the occupation to assign the industry according to the NAICS codes.  NAICS codes are the foundation of County Business Patterns and are used by both the Occupational Employment Statistics and Employment Projections to distribute jobs within a SOC code.  

NAICS Codes

NAICS codes in four flavors:  two-digit industry sectors; three-digit industry subsectors; four-digit industry groups; and five and six-digit specific industries.  Other than the six digit variety, the NAICS code is the same in the United States, Canada, and Mexico.  The key to understanding what is presented is easy -- ignore the zeroes, they are place holders, not digits for coding.  

The Problem

On many occupations, JBP cites NAICS codes using three and four-digit to describe the SOC-NAICS code intersections.  When JBP does that, it double counts the jobs and will not do so consistently between the other DOT codes involved.  The problem is the OES.  Labor does not always report four-digit codes for job numbers within the SOC or does not report all of the four-digit codes within the SOC.  Where the DOT code exists in more than one industry group but OES does not report all the industry groups, JBP will report the three-digit subsector and then also report the four digit subsectors that OES does report.  This is an invalid methodology.  We will look at production assembler as an egregious example of this problem later this week.  Production assembler has multiple industry subsector and industry group assignments that lead unreliable job numbers.   

The second problem is not obvious.  JBP reports an industry group for one occupation and the industry subsector for another occupation.  This is again an invalid methodology and wrong.  This is the problem with advertising distributor.  

The third problem is apparent upon inspection of the JBP for the occupation cited by the VE.  JBP assigns industries that are in conflict with either the DOT industry designation or the narrative lead statement of the work performed.  Next week, we will look at small products assembler (I and II) as an example of this problem.  As a tease, know that small product assemblers do not work in any food industry.  

When JBP double counts jobs, the method is facially unreliable.  When JBP assigns NAICS codes inconsistently between DOT codes in the same SOC-NAICS intersection, the method is facially unreliable.  When JBP assigns DOT codes to industries inconsistent with either the DOT industry designation or the narrative, JBP has an apparent conflict with the DOT without a reliable explanation to permit resolution of the conflict.  More about this in the posts to come.  

______________________

Lawrence Rohlfing, When the Vocational Expert Cites Job Browser Pro for Job Numbers; Check the NAICS Codes, California Social Security Attorney (October 4, 2020), https://californiasocialsecurityattorney.blogspot.com/2020/10/when-vocational-expert-cites-job.html  

Documented Occupational Erosion Using BLS Data Accepted by the ALJ

I had a telephone hearing with an ALJ. Judge states that he found the pre-hearing brief persuasive and intends to award benefits for a younger individual, high school education in a foreign country, illiterate in English, past work semi-skilled and light. The residual functional capacity is for a limited range of light work: standing two hours; walking two hours. Clearly a mixed bag on the medical-vocational criteria. I attach an everything report from OccuCollect.com for the two occupations cited. The everything report includes the DOT, SCO, OOH, O*NET, and ORS data along with calculations for the common factors encountered. With those reports attached, here is the argument presented, the client's name replaced with CLAIMANT, to protect privacy:

The prior vocational expert testified to assembler of plastic hospital products (DOT 712.687-010) representing 115,000 jobs; assembler, electrical accessories (DOT 729.687-010) representing 20,000 jobs. The testimony is easily contradicted and rendered feeble. It is not substantial evidence. You should find CLAIMANT disabled under the Medical-Vocational Guidelines, Rule 201.17 by analogy.

1. Assembler of Plastic Hospital Products

Assembler of plastic hospital products is a light unskilled occupation. DICOT 712.687-010. Assembler of plastic hospital products belongs to the occupational group of production workers, all other (SOC 51-9199). Production workers, all other represents a large occupational group containing 1,590 DOT codes at all levels of exertion and skill. O*NET OnLine, DOT crosswalk, 51-9199. The Occupational Outlook Handbook describes production workers, all other, as representing 244,700 jobs in the nation with a typical educational requirement of a high school diploma or equivalent and typical on-the-job training of moderate-term — more than 30 days and up to one year. Occupational Outlook Handbook (2018), 51-9199.

Production workers, all other, have no minimum educational requirement in 49.1% of jobs. They require literacy in 31% of the jobs. That leaves 18.1% of the jobs is not requiring literacy. Production workers, all other, engage in unskilled work in 53% of jobs. Production workers, all other, engage in medium work in 63.9% of jobs. Production workers, all other, stand/walk 6.75 hours per day at the 25th percentile; 7.92 hours per day at the 50th percentile; and 8.0 hours per day at the 75th and 90th percentiles. There is no significant range of work in the occupational group of production workers, all other, that permit standing/walking equal to or less than four hours in an eight-hour day. Occupational Requirements Survey (2018), 51-9199.00.

2. Assembler of Electrical Accessories I

Assembler of electrical accessories I is a light unskilled occupation. DICOT 729.687-010. Assembler of electrical accessories I belongs to the occupational group of electrical and electronic equipment assemblers (SOC 51-2022.00). Electrical and electronic equipment assemblers is a large occupational group containing 61 DOT codes at all levels of exertion and skill. O*NET OnLine, DOT crosswalk, 51-2022. The Occupational Outlook Handbook describes electrical and electronic equipment assemblers as representing 218,900 jobs in the nation with a typical educational requirement of a high school diploma or equivalent and typical on-the-job training of moderate-term — more than 30 days and up to one year. Occupational Outlook Handbook (2018), 51-2022.

Electrical and electronic equipment assemblers have no minimum educational requirement in 26.7% of jobs. Literacy is required in all, 26.7% of jobs. Electrical and electronic equipment assemblers engage in unskilled work in 29.2% of jobs. Electrical and electronic equipment assemblers engage in light work and 28.3% of jobs. Electrical and electronic equipment assemblers do not sit at the 10th percentile; sit for hours per day at the 50th percentile; sit 6.4 hours per day at the 75th percentile; and sit 7.2 hours per day at the 90th percentile. Electrical and electronic equipment assemblers stand/walk 1.6 hours per day at the 25th percentile; 4.8 hours per day at the 50th percentile; 7.2 hours per day at the 75th percentile; and 8.0 hours per day at the 90th percentile. Very few electrical and electronic equipment assemblers meet the residual functional capacity assessed, but none of them meet the educational deficiency of illiteracy in English. Occupational Requirements Survey (2018), 51-2022.00.

3. Conclusion

A limitation to four hours of standing/walking in an eight-hour day erases the ability to perform light work. First and foremost, the ability to stand is far more important than the ability to walk for light work. Social Security Ruling 83-10. The primary difference between light and sedentary work is standing/walking. Id. You should apply Grid rule 201.17 and find CLAIMANT disabled.

The ALJ directed the vocational expert to the brief in the E section.  The vocational expert confirmed that the person could not perform any identifiable work.  Hearing concluded. 

_______________________________________________________

SUGGESTED CITATION:

Lawrence Rohlfing, Documented Occupational Erosion Using BLS Data Accepted by the ALJ, California Social Security Attorney (March 19, 2020)
http://californiasocialsecurityattorney.blogspot.com/2020/03/documented-occupational-erosion-using.html

Occupations Identified as "An Example"

Vocational experts have been trained to use the phrase "as an example" when identifying jobs within an occupation.  That "as an example" allows significant slough in the evidence that dutiful representation must clarify.  ALJ discretion is the bane of the claimant's representative.

The first task is to define "as an example."  That phrase could mean 20,000 jobs as a lens inserter including other similar sedentary unskilled occupations aggregating to 20,000 jobs.  Alternatively, the phrase could mean 20,000 jobs as a lens inserter and there are a lot more jobs that are similar to lens inserter.  The two alternatives make a difference.  If the testimony contends that there are 20,000 lens inserter jobs, that is an easy rebuttal.  If the testimony contends that there are 20,000 sedentary unskilled production worker jobs, that is a more cumbersome rebuttal.

1. 20,000 Lens Inserter Jobs

That specific testimony, which does occur, is statistically unsustainable.  Job Browser Pro provides an estimate of 208 jobs.  That's wrong.  JBP provides the estimate placing lens inserter in the jewelry and silverware manufacturing industry.  The DOT places lens inserter in the optical goods industry.  The optical goods industry corresponds to the ophthalmic goods manufacturing industry, part of the medical equipment and supplies manufacturing industry group (four digits).  The similar occupation of final assembler has a JBP estimate of 32 jobs.  That is based on the assumption that 65 DOT codes made up 2,077 jobs at the SOC-NAICS intersection. 2,077 / 65 = 31.95.  Round it off to 32.  Equal distribution rules the day.

But if the occupation exists in the ophthalmic goods manufacturing industry, we need to examine County Business Patterns.   Medical equipment and supplies manufacturing industry group represents 281,335 jobs in the nation.   The OES Query System estimates:

Occupation (SOC code)	Employment
Inspectors, Testers, Sorters, Samplers, and Weighers(519061)	12790
Ophthalmic Laboratory Technicians(519083)	9560
Helpers--Production Workers(519198)	2300
Production Workers, All Other(519199)	2210
Packers and Packagers, Hand(537064)	2810

The production workers, all other number of jobs is slightly in excess of the intersection reported by JBP.

Ophthalmic goods manufacturing industry represents 24,988 jobs in the nation.  That is 8.9% of the medical equipment and supplies manufacturing industry group total employment.  Assuming similar staffing in the  ophthalmic goods manufacturing industry, we would get:

Occupation (SOC code)	Employment
Inspectors, Testers, Sorters, Samplers, and Weighers(519061)	1,136
Ophthalmic Laboratory Technicians(519083)	849
Helpers--Production Workers(519198)	204
Production Workers, All Other(519199)	196
Packers and Packagers, Hand(537064)	250

There are 20 DOT codes assigned to the optical goods industry.  How many jobs are there as a lens inserter or final assembler?  Less than 10 each.

2. 20,000 Sedentary Unskilled Production Worker All Other Jobs, e.g. Lens Inserter

To respond to this testimony takes knowing some basic facts -- asking the vocational expert to state them or profess ignorance.

a. How many DOT codes exist within production workers, all other?  (1,590 by the O*NET, 1,589 by US Publishing, 1,526 by JBP).

b. How many sedentary unskilled DOT codes exist within production workers, all other? (52 by all three sources).

c. Do all 52 DOT codes have the characteristics that meet the hypothetical question posed?  (2 SVP 1, 50 SVP 2; 19 R1, 33 R2; 19 constant handling, 33 frequent handling).

d. How many jobs exist for this DOT example?  (See analysis for Scenario 1).

e. If the Department of Labor, Bureau of Labor Statistics published data that suggested that there are significantly fewer jobs at the unskilled sedentary variety within production workers, all other, would you defer to the BLS data?

The fluid use the DOT/SCO, O*NET, OOH, and ORS (all available on OccuCollect.com) along with CBP and JBP allows us to find out exactly what the vocational expert means and then to prove the lack of reliability.

Happy New Year!

_______________________________________________________

SUGGESTED CITATION:

Lawrence Rohlfing, Occupations Identified as "An Example," California Social Security Attorney (December 31, 2019),
https://californiasocialsecurityattorney.blogspot.com/2019/12/occupations-identified-as-example.html

OccuCollect Lift & Carry Report

The OccuCollect Lift & Carry Report sets out the DOT with its strength rating; the OOH statement of education, experience, training, and number of jobs; the O*NET statement of full-time versus part-time; and the ORS statements of SVP, and all the lifting/carrying statements.

Using the advertising-material distributor (DOT 230.687-010) as an example, we have a light occupation.  The work typically requires a high school diploma or equivalent, no related work experience, short-term training, and 354,600 jobs as of 2018 in the category of helpers -- production workers (SOC 51-9198).  The O*NET describes helpers as working part-time in 6% of jobs.

The ORS states that helpers engage in unskilled SVP 2 work in 68.3% of jobs.  Helpers engage in medium work in 49.2% of jobs.  At this point, the data gets interesting.  Helpers lift/carry greater than 20 pounds and less than 50 pounds seldom in 66.3% of jobs.  That is clearly a lift/carry requirement that exceeds light exertion.  The ORS states that helpers lift/carry 25 pounds at the 25th percentile and 15 pounds at the 10th percentile.  At least 75% of this category have work requirements that exceed the demands light exertion.

The only available inference to draw is that the 25.8% of jobs engage in heavy or very heavy work (75% minus 49.2%).  This is consistent with the maximum lift/carry 50 pounds at the 50th and 75th percentiles and 60 pounds at the 90th percentile.  The number of light and/or sedentary jobs that are classified as helpers is less than 25%.

The maximum number of light and sedentary jobs is 88,650.  The unskilled jobs cannot exceed 60,548 applying the O*NET part-time reduction.  That is the starting point for any further reduction for limitations on standing/walking, posturing, environmental conditions, or interaction with others.  Helpers contains 31 SVP 1 occupations and 126 SVP 2 light occupation.  That observation provides significant variability in the numbers for any particular occupation.

_______________________________________________________

SUGGESTED CITATION:

Lawrence Rohlfing, OccuCollect Lift & Carry Report, California Social Security Attorney (December 18, 2019),
https://californiasocialsecurityattorney.blogspot.com/2019/12/occucollect-lift-carry-report.html

OccuCollect's Specialized Reports

The frequency of contact with others recurs in residual functional capacity assessments.  OccuCollect added a Contact With Others (CWO) Report as a custom report for subscribers.  The report is generated by entering a DOT code or entering a SOC/O*NET codes and then selecting a DOT code from the list.  The numbers generated reflect occupations with the characteristics as a percentage of the occupational group.  The job numbers reported reflect the Occupational Outlook Handbook, which is based on the Employment Projections published bi-annually by the Bureau of Labor Statistics.  What's in the report?

The DOT description contains the full narrative and the trailer information.  It also includes the data-people-things codes as defined in Appendix B of the DOT along with the rating of significant (S) or not significant (N) stated in the complete DOT data set.  In this CWO Report, our focus is typically on the fifth digit of the DOT code, people.  The fourth digit will frequently come into play.  Data addresses people in compiling (3) and comparing (6).  The sixth digit is important for contact with others in terms of driving-operating (3).

The OOH states the basic summary for the occupational group:  entry-level education, work experience needed, on-the-job training, and number of jobs.  The CWO report contains the hyperlinks to the OOH page, the Employment Projections list of education and training by occupational group, the employment projections listing industry employment for that occupation, and the entire industry-occupation matrix, by occupation.

The O*NET OnLine data in the CWO Report includes:

1. Contact with Others
2. Coordinate or Lead Others
3. Deal with External Customers
4. Face-to-Face Discussions
5. Work with a Group or Team
6. Duration of a Typical Work Week

We always need to discard part-time work.  In the absence of a full-time description, further evidence would be necessary to establish that part-time work amounts to substantial gainful activity.

The O*NET Resource Center data sets out the education, training, and experience for the occupational group.  The two data points included are:

1. On-the-Job Training 
2. Related Work Experience

The Occupational Requirements Survey reports the education, training, and experience reported by BLS.  We are typically interested in the unskilled employment numbers.  This data gives a third point of reference for establishing Specific Vocational Preparation:  the OOH, the O*NET Resource Center, and the ORS.  The standard OOH report (a free report, no subscription required, just sign in) reports the education level of incumbents.

The OccuCollect Calculator puts the percentage of the group in the five categories from the O*NET for contact and interaction with other people, the O*NET statement about full-time versus part-time work, and also the number of jobs for the SVP levels reported by the ORS.  Here is a sample of the conclusions:

• Helpers - Production Workers have occasional or no contact with other in 61,700 jobs.
• Helpers - Production Workers do not coordinate or lead other in 74,821 jobs.
• Helpers - Production Workers do not work with a group or team in 27,304 jobs.
• Helpers - Production Workers do not deal with external customers in 202,122 jobs. 
• Helpers - Production Workers rarely have face-to-face discussions in 36,382 jobs.
• Helpers - Production Workers have on-the-job training up to one month is 156,804 jobs.
• Helpers - Production Workers require related work experience up to one month in 145,138 jobs.
• Helpers - Production Workers work full-time in 211,377 jobs.  
• Helpers - Production Workers have SVP 2 classification in 242,192 jobs.  

Occasional contact with others will never prove disability by itself.  When coupled with other limitations, we can whittle down the size of the vocational base.  No teamwork or superficial contact with others as implicating one or more of the categories and a limitation to light or sedentary work will leave few jobs available in this category.

The CWO Report joins the easy to use custom reports already in the OccuCollect library;  the Unskilled Exertion Job Number Report; the Sitting, Standing, and Walking Report; the Reaching, Handling, and Fingering Report; and the Lifting & Carrying Report.  Using one or more of these reports reduces the search and calculation time for a post-hearing submission dramatically.  Users can still print to PDF the full reports from each database in the more complex cases.

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SUGGESTED CITATION:

Lawrence Rohlfing, OccuCollect's Specialized Reports, California Social Security Attorney (December 14, 2019),
http://californiasocialsecurityattorney.blogspot.com/2019/12/occucollects-specialized-reports.html

Job Browser Pro 1.7 -- the Good, the Bad, and the Ugly

I installed Job Browser Pro, ver. 1.7, yesterday and took it out for a test drive.  If anyone represents claimants and listen to vocational experts testify, then JBP is a mandatory part of the representative's library, period.  Vocational experts will cite to it, rely on it, and the ALJ corps will accept it.  If the representative wins one case every 20 years because the representative owns and uses JBP, the program pays for itself.

1.  JBP Methodology

JBP uses the matrix approach found in the Occupational Employment Statistics and the Employment Projections published by the Bureau of Labor Statistics.  Occupations exist in industries.  The DOT recognizes this with the parenthetical industry designation that is party of every occupational description.  According to the DOT, the industry designation is an integral part of every description.  When a vocational expert identifies an occupation and then uses the entire occupational group number for that occupation (and it isn't one of occupations that is the sole inhabitant of that group), the vocational expert ignores and conflicts with the industry designation contained in the DOT, usually without an explanation.  More about the methodology in the Bad section.

2. The Good

Users can no longer add and delete industries.  Vocational experts dissatisfied with the low job numbers reported could and would add industries.  This was a particular problem in prior versions of JBP because the vocational experts would add inappropriate industries or add industries where JBP had already listed the two, three, four, or five digit designation resulting in double or triple counting.

 JBP has added the CBP button to the occupation-industry matrix inside of the box.  County Business Patterns is a matter of administrative notice by regulation, listed second after the DOT.  The link sends uses to a SkillTran page for that industry.  The web page lists the total number of establishments in the industry (sector (two-digit), sub-sector (three-digits), industry group (four-digits), or industry (five- and six-digits)), number of employees, and other statistical data that we do not use.

Jeff Truthan tells me that if the user looks up all the DOT codes within a group and count all the reported job numbers, user will get roughly the number of jobs reported within the OES group.  Critics will no longer be able to complain that JBP has under-counted the number of jobs.

3.  The Bad

JBP continues to use equal distribution  to distribute the number of jobs at the occupation-industry intersection.  When I looked up production workers, all other (SOC 51-9199) at the intersection with animal food manufacturing (NAICS 311100), I found that JBP lists five occupations, each representing 20% of the total jobs, four requiring no skills, and one semi-skilled occupation.  All of them are light.  We know from the Occupational Requirements Survey that most of the production worker jobs are medium and 45% are semi-skilled or skilled.  The equal distribution methodology is not good statistics at the occupational group level and is not good statistics at the occupation-industry intersection level.

While JBP continues to allow users to see the list of DOT codes at the occupation-industry intersection, it still does not permit users to print out the Estimated National Distribution of DOT Employment of that occupation-industry intersection.  This has left me with the tedious chore of taking a screen shot of that popup and if the screen lists more than 13 DOT codes, multiple screen shots.

4. The Ugly

Some of the industry choices are just wrong.  I looked up the oft-cited small products assembler I (DOT 706.584-022) to check.  SPA work on assembly lines to mass product small products.  That is the DOT narrative.  Because the occupation exists in more than four DOT industries, it carries the designation of "any industry."  But that does not mean every industry, it means more than four.

JBP lists eight industry groups within the food manufacturing sub-sector and 22 other industries that have nothing to do with the functions to "mass produce small products, such as ball bearings, automobile door locking units, speedometers, condensers, distributors, ignition coils, drafting table subassemblies, or carburetors."

I checked lens inserter (DOT 713.587-026).  JBP lists this occupation in the jewelry and silverware manufacturing industry.  The DOT puts lens inserter in the optical goods industry.  JBP puts the other 19 production worker occupations that are designated in the optical goods industry into medical equipment and supplies manufacturing, which contains the ophthalmic goods manufacturing industry (with some of the 20 adding to that list).  I understand why JBP puts lens inserter in clearly the wrong industry -- it is the only DOT code assigned.

The production workers that do carry the jewelry and silverware industry designation in the DOT have no industries assigned by JBP.  Stringer (DOT 509.587-018) is "N/A."  Stamper (DOT 734.685-010) in the button and notions industry is given the other miscellaneous manufacturing industry designation.  The problem is that jewelry and silverware is part of other miscellaneous manufacturing, resulting in double counting or over-estimating the number of jobs across DOT codes.

The occupation-industry intersection approach to job number estimates is still valuable for finding those occupations that have rare characteristics -- reasoning level 1, occasional use of the hands, etc. -- but JBP still has holes.  This creates opportunities for the representative to dampen the number of jobs through a reliable methodology, don't double count or explain why the assembler of small products is making dog food.  Proper cross-examination will require that vocational experts come to the hearing with the occupation report from JBP and allow the representative to see it, or the ALJ will have to accept the report from the representative post-hearing.

The job of the representative just got easier and harder at the same time.

Parking Lot Attendants -- Sit-Stand Option?

Some variation of light unskilled work with limitations on standing/walking and even a sit-stand option (SSO) will frequently get a vocational expert to identify parking-lot attendant. The free DOT-SOC/O*NET Crosswalk from www.occucollect.com lists three DOT codes in the group:

53-6021.00-Parking Lot Attendants

DOT Code	DOT Title	SVP	Strength
915.473-010	PARKING-LOT ATTENDANT	2	L
915.583-010	LOT ATTENDANT	3	L
915.667-014	PARKING LOT SIGNALER	2	L

The list of DOT codes suggests that all the jobs are light, but that is not true.  The DOT lists typical performance, not maximum performance.  SSR 00-4p is wrong and does not survive application of Kisor v. Wilkie.  The quest involves proof of the strength and skill requirements.

The Occupational Requirements Survey reports:

Series ID: ORUP1000065A00000233

Not seasonally adjusted

Series Title: parking lot attendants; pounds maximum weight lifted/carried, mean

Requirement: Physical Demands

Occupation: Parking Lot Attendants

Estimate: pounds maximum weight lifted/carried, mean

Year	Period	Estimate
2018	Annual	21.94

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000065A00000233

Series ID: ORUP1000065A00000235

Not seasonally adjusted

Series Title: parking lot attendants; pounds maximum weight lifted/carried (25th percentile)

Requirement: Physical Demands

Occupation: Parking Lot Attendants

Estimate: pounds maximum weight lifted/carried (25th percentile)

Year	Period	Estimate
2018	Annual	7.46

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000065A00000235

Series ID: ORUP1000065A00000237

Not seasonally adjusted

Series Title: parking lot attendants; pounds maximum weight lifted/carried (75th percentile)

Requirement: Physical Demands

Occupation: Parking Lot Attendants

Estimate: pounds maximum weight lifted/carried (75th percentile)

Year	Period	Estimate
2018	Annual	34.57

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000065A00000237

Series ID: ORUP1000065A00000238

Not seasonally adjusted

Series Title: parking lot attendants; pounds maximum weight lifted/carried (90th percentile)

Requirement: Physical Demands

Occupation: Parking Lot Attendants

Estimate: pounds maximum weight lifted/carried (90th percentile)

Year	Period	Estimate
2018	Annual	44.11

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000065A00000238

The mean suggests that the average parking lot attendant requires medium exertion because the worker lifts/carries more than the maximum of light work, 20 pounds.  We also can find that most of the jobs are indeed unskilled.  

Series ID: ORUV1000065A00000065

Not seasonally adjusted

Series Title: % of parking lot attendants; svp is beyond short demonstration, up to & including 1 month

Requirement: Education, Training, And Experience

Occupation: Parking Lot Attendants

Estimate: svp is beyond short demonstration, up to & including 1 month

Year	Period	Estimate
2018	Annual	84.3

https://beta.bls.gov/dataViewer/view/timeseries/ORUV1000065A00000065

And there, the ORS runs cold.  To determine the availability of light work, we must resort to the O*NET OnLine.

53-6021.00 - Parking Lot Attendants

Exertional	%	Response
Spend Time Sitting — How much does this job require sitting?	18	Continually or almost continually
	9	More than half the time
	42	About half the time
	24	Less than half the time
	7	Never
Exertional	%	Response
Spend Time Standing — How much does this job require standing?	9	Continually or almost continually
	19	More than half the time
	45	About half the time
	25	Less than half the time
	2	Never
Exertional	%	Response
Spend Time Walking and Running — How much does this job require walking and running?	54	Continually or almost continually
	13	More than half the time
	6	About half the time
	18	Less than half the time
	8	Never
Structural Job Characteristics	%	Response
Duration of Typical Work Week — Number of hours typically worked in one week.	1	More than 40 hours
	80	40 hours
	19	Less than 40 hours

The majority of parking lot attendants walk/run all day long.  Potential for an SSO exists only in those jobs that permit sitting continually or almost continually.  That is how labor defines the SSO. Because of the lifting, some of those jobs might be sedentary.  Now we turn to the number of jobs reported by the Occupational Outlook Handbook:

53-6021 - Parking lot attendants

Typical Education Needed	No formal educational credential
Work Experience in a Related Occupation	None
Typical On-The-Job Training Needed to Attain Competency	Short-term on-the-job training
2018 Employment	150,700

We erode the 150,700 jobs by the number that are unskilled, 84.3% of the jobs, and get 126,588.  The O*NET reports that 81% are full-time, lowering that number to 102,536.  We now apply the percentage of jobs that are reported as sitting continually or almost continually in an eight-hour day, 18%, and get 18,456.  

The 18,456 number of jobs includes both sedentary and light jobs.  Without better data, further exploration of that division is not possible.  We can point to the broad description of Transportation and Material Moving Occupations (53-0000.00):

Series ID: ORUP1000048P00000661

Not seasonally adjusted

Series Title: % of workers in transportation and material moving occupations; strength is sedentary

Requirement: Physical Demands

Occupation: Transportation and Material Moving Occupations

Estimate: strength is sedentary

Year	Period	Estimate
2018	Annual	11.2

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000048P00000661

The proposition that some or most of the sit down parking lot jobs is sustainable.  Of course, the question is whether the vocational expert has a reliable methodology that beats cold application of statistics.