Temp to Hire and Temporary Help Services -- There Is a Difference and the Latter Does Not Count for Sustained Employment

Could you please tell me how many of the jobs you identified for the occupation of small products assembler actually work in the temporary help services industry?

That is the question. If the vocational witness uses Job Browser Pro, the program will answer the question (assuming the VW knows how JBP works). If the vocational witness is not using JBP, that person will give a blank stare, silence over the phone, or have to say that he/she just doesn't know. 

The answer matters. For this example, looking at small products assembler I, the answer means the difference between significant and insignificant numbers of jobs. We start with the observations that small product assembler I falls in the production workers, all other (51-9199) classification. The Occupational Outlook Handbook (2003) (and the Employment Projections upon which the OOH is based) describe production workers all other as representing 275,300 jobs in the nation in self-employment and wage and salary employment. The manufacturing sector employs 111,200 production workers. An additional 102,000 jobs work in the administrative and support and waste management and remediation services sector. Almost all of those jobs exist in administrative and support services subsector, 101,300 jobs. The employment services industry group employs 98,400 production workers. The temporary help services sector employs 90,400 of the 102,000 jobs in the administrative and support and waste management and remediation services sector. 

The Occupational Employment and Wages (2022) reports 252,660 production workers, all other jobs. The industry that employs the largest number of production workers is ... employment services at 99,840 jobs. Over a third of jobs for production workers exist in this industry. 

The OEWS reports that employment services employs 99,840 production workers, all other. Temporary help services employ over 90% of them, 91,950 production workers. Employment services reports all the job numbers for that industry group with an additional note:

Industries within NAICS 561300 - Employment Services

• NAICS 561320 - Temporary Help Services

The industry group contains the specific industry. This is called "drilling down." The sector includes one or more subsectors which include one or more industry groups which includes one or more industries (five digits) which may include more specific industry designations (six non-zero digits).

Let's go back to small product assembler. The non-JBP sources are too varied with anecdotal and unsupportable methodologies to even begin to guess. I start with JBP because it is the only published methodology that does not have an apparent conflict with the DOT designation of industry (in the parentheses) or the narrative description of what and where the occupation exists. JBP reports a 2023 job number for small products assembler I of 16,138 full-time jobs. The very long list of industries (58) contains the 56th entry, temporary help services representing 11,593 jobs. 

For purposes of discussion, we assume that the industry selections and the DOT assignments within each industry selection are appropriate. The question is simple, do jobs in the temporary help services industry (NAICS 5621320) count at step five of the sequential evaluation process -- the existence of other work that fits the claimant's medical-vocational profile. 

We know that residual functional capacity represents the most that a person could do on a sustained basis under SSR 83-10, 96-9p. SSR 96-8p makes clear that sustained employment means regular and continuing, eight hours a day, five days a week, or an equivalent work schedule. Does part-time work count? Only for past relevant work that was done on a part-time basis according to fn. 2. The exceptions to regular and continuing work for part-time work and seasonal work apply to past relevant work under POMS DI 24005.015. Even when the regulations permitted consideration of a capacity to perform part-time work at step five, that permission extended to "reasonably regular part-time work."68 Fed. Reg. 51153, 51158 (Aug. 6, 2003) (deleting “reasonably regular part-time” work from 20 C.F.R. §§ 404.1562, 416.962). Work that is not reasonably regular has never counted at step five of the sequential evaluation process.  

The North American Industry Classification System (2022) describes the industries that exist in North America (the United States, Canada, and Mexico). Canada and Mexico use the five-digit system. The US uses the six-digit system to provide additional granular data. There are other differences described in the introduction at page 4. 

For purposes of understanding the 11,000+ jobs attributed to small products assembler I in the temporary help services industry, we need to understand that the industry designation means. The first two digits (56) refer to administrate and support and waste management and remediation services, the industry sector. The first three digits (561) refer to administrative and support services), the industry subsector. The first four digits (5613) refers to employment services, the industry group. The five (56132) and six-digit (561320) designations describe temporary help services, the specific industry. NAICS Manual at 61-62. The NAICS Manual differentiates other industries that the supply of its own employees for limited periods of time to supplement the work force of a client's business are classified in Industry 56132, temporary help services. NAICS Manual at 487 (56131 and 561311), 488 (561312). Temporary help services means:

This industry comprises establishments primarily engaged in supplying workers to clients' businesses for limited period of time to supplement the working force of the client. The individuals provided are employees of the temporary help establishment. However, these establishments do not provide direct supervision of their employees at the clients' work sites. 

NAICS Manual at 488. Workers employed in this industry must meet the physical and mental demands of multiple clients of their employer. The jobs last for indefinite but "limited periods of time." The temp to hire paradigm is classified under employment placement services (NAICS 561311) and not temporary help services (NAICS 561320). 

When the VW explains that the jobs in temporary help services are primarily temp to hire positions, the VW misunderstands or misrepresents the classificatory scheme presented by the NAICS Manual. Working for a limited time as a small products assembler I is not regular and continuing employment under SSR 86-8p. That work does not count at step five of the sequential evaluation process. 

Let's hear the witness's analysis. 

___________________________

Suggested Citation:

Lawrence Rohlfing, Temp to Hire and Temporary Help Services -- There Is a Difference and the Latter Does Not Count for Sustained Employment, California Social Security Attorney (September 7, 2023, revised October 14, 2023) https://californiasocialsecurityattorney.blogspot.com 

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

Luis Mas, Ph.D. -- Housekeeping Cleaner, Assembler, and Material Distributor

 Dr. Mas testifies as a vocational witness. In a recent case, the ALJ propounded a hypothetical for a person closely approaching advanced age, possessing a high school education, lacking transferable skills, and limited:

to perform light work as defined in 20 CFR 404.1567(b) except could frequently climb, balance, crawl; occasionally stoop, kneel, crouch; requires simple repetitive tasks; can occasionally perform detailed and complex tasks; occasional contact with the public; and occasionally interact with coworkers.

Dr. Mas testified that the individual would have been able to perform the requirements of representative occupations such as cleaner housekeeping (DOT 323.687-014) jobs of which there are 200,000 nationally; assembler (DOT 706.684-022) jobs of which there are 100,000 nationally; and material distributor (DOT 230.687-010) jobs of which there are 30,000 nationally.  I call BS on every count.  Just disgusting disregard for the importance of the proceedings.  

Let's look at the easy ones first.  Assembler:

DOT: 706.684-022 ASSEMBLER, SMALL PRODUCTS I (any industry) alternate titles: bench assembler

Performs any combination of following repetitive tasks on assembly line to mass produce small products, such as ball bearings, automobile door locking units, speedometers, condensers, distributors, ignition coils, drafting table subassemblies, or carburetors: Positions parts in specified relationship to each other, using hands, tweezers, or tongs. Bolts, screws, clips, cements, or otherwise fastens parts together by hand or using handtools or portable powered tools. Frequently works at bench as member of assembly group assembling one or two specific parts and passing unit to another worker. Loads and unloads previously setup machines, such as arbor presses, drill presses, taps, spot-welding machines, riveting machines, milling machines, or broaches, to perform fastening, force fitting, or light metal-cutting operation on assembly line. May be assigned to different work stations as production needs require or shift from one station to another to reduce fatigue factor. May be known according to product assembled.

GOE: 06.04.23 STRENGTH: L GED: R2 M1 L1 SVP: 2 DLU: 79

There is an apparent conflict between occasional interaction with coworkers and the requirement to frequently work as a member of an assembly group receiving and passing parts with other workers.  

DOT 230.687-010 ADVERTISING-MATERIAL DISTRIBUTOR (any industry) alternate titles: distributor, advertising material

Distributes advertising material, such as merchandise samples, handbills, and coupons, from house to house, to business establishments, or to persons on street, following oral instructions, street maps, or address lists. May be designated according to type of advertising material distributed as Handbill Distributor (any industry); Pamphlet Distributor (any industry); Sample Distributor (any industry).

GOE: 07.07.02 STRENGTH: L GED: R1 M1 L1 SVP: 2 DLU: 77

There is an apparent conflict between occasional contact with the public the going from house to house, business to business, or engaging people on the street as the sole bona fide work function of occupation.  

That leaves the frequently cited occupation of housekeeping cleaner.  About 15 years ago, the agency told ALJs to stop including the 6 hours of sitting or standing/walking out of residual functional capacity assessments and out of hypothetical questions.  The courts have turned a blind eye to that dumbing down of the examination.  Here that practice is in action:

DOT 323.687-014 CLEANER, HOUSEKEEPING (any industry) alternate titles: maid 

Cleans rooms and halls in commercial establishments, such as hotels, restaurants, clubs, beauty parlors, and dormitories, performing any combination of following duties: Sorts, counts, folds, marks, or carries linens. Makes beds. Replenishes supplies, such as drinking glasses and writing supplies. Checks wraps and renders personal assistance to patrons. Moves furniture, hangs drapes, and rolls carpets. Performs other duties as described under CLEANER (any industry) I Master Title. May be designated according to type of establishment cleaned as Beauty Parlor Cleaner (personal ser.); Motel Cleaner (hotel & rest.); or according to area cleaned as Sleeping Room Cleaner (hotel & rest.).  

GOE: 05.12.18 STRENGTH: L GED: R1 M1 L1 SVP: 2 DLU: 86

The DOT does not describe any work function as sitting.  Commonsense tells us that housekeeping cleaners do not sit on the job other than as sporadic and incidental activities.  The O*NET confirms commonsense -- maids and housekeeping cleaners never sit in 72% of the jobs, never.  Another quarter of the jobs sit more than never and less than half the day.  The O*NET says that 3% sit about have the time.  

The 2021 ORS dataset confirms that mads and housekeeping cleaners sit 1.2 hours per day that the 90th percentile.  On average, maids and housekeeping cleaners sit 5.2% of the workday -- about 25 minutes per day.  A sycophantic response would point out that maids and housekeeping cleaners stand 5.6 hours per day at the 25th percentile.  The informed retort points out that maids and housekeeping cleaners stand 80% of the workday at the 10th percentile.  The total hours of standing in part-time work does not inform the full-time analysis at step 5 of the sequential evaluation process.  

We have to be prepared in every hearing to quickly review the DOT industry and narrative, call upon the O*NET and ORS (www.occucollect.com), and pull up Job Browser Pro to rebut VW testimony on the fly.  Otherwise, garbage testimony become the foundation of denying our client benefits.   There might be jobs for this vocational profile, just not these.  The Commissioner has the burden of proof.  

___________________________

Suggested Citation:

Lawrence Rohlfing, Luis Mas, Ph.D. -- Housekeeping Cleaner, Assembler, and Material Distributor, California Social Security Attorney (June 8, 2022)  https://californiasocialsecurityattorney.blogspot.com 

Another Example of Vocational Expert Prevarication

VE - Antonio Reyes

RFC - light work as defined in 20 CFR 404.1 567(b) and 416.967(b) with the ability to lift, carry, push, and pull 10 pounds frequently and 20 pounds occasionally. She can stand and/or walk for six hours in an eight-hour workday and she can sit for six hours in an eight-hour workday. The claimant cannot climb ladders, ropes, or scaffolds. She can occasionally balance, stoop, kneel, crouch, and crawl. She can less than occasionally climb ramps and stairs. The claimant cannot be exposed to unprotected heights or dangerous machinery or equipment. The claimant can perform simple routine tasks and she can make simple routine decisions. She can adapt to simple routine changes of work processing and settings. The claimant can have only incidental contact with the public. The claimant cannot work at production rate pace where productivity is governed by a fixed external force such as an assembly line, but is able to meet productivity expectations. The claimant can have occasional contact with coworkers. She cannot bc part of a work team that requires regularly working directly with others to accomplish a task.

AEW - younger individual, high school, and no transferable skills.

Occupations:

1. Cleaner, housekeeping - 323.687-014 - 400,000 jobs
2. Sorter I - 706.684-022 - 15,000 jobs
3. Assembler, small products I - 706.684-022 - 360,000 jobs

Foundation - the vocational expert testified that his job numbers were based upon numbers from the Bureau of Labor Statistics data, which the vocational expert analyzed such that he was able to narrow the job numbers to be more specific to the Dictionary of Occupational Titles.

The VE cited no basis for the standing/walking six hours; the production rate pace testimony; the absence of an assembly line or other external force driving productivity; occasional contact with coworkers; and no teamwork.  The VE testimony is shameful.  

Small products assembler I  work on an "assembly line to mass produce small products" and "frequently works at bench as member of assembly group."  DOT conflict.  Small products assembler is a production workers, all other occupation per the DOT-SOC crosswalk.  BLS data from the OEWS:  194,360 production workers, all other covering 1,590 DOT codes.  BLS data from the OOH:  203,600 production workers, all other covering 1,590 DOT codes.  Conflict with the cited job numbers source.  BLS data from the ORS:  production workers, all other stand 90% of the workday at the 10th percentile.  There is no basis for the conclusion that small products assembler does not work in a team or on an assembly line, the job numbers are clearly bogus, and the standing limitation wipes out the jobs according to Labor.  

Sorter is an inspector, tester, sorter, sampler and weigher occupation.  The O*NET says that inspectors have occasional or less contact with other in 2% of jobs.  The data sheets describe occasional and no contact as 0,55%, each.  They round each to 1% yielding an estimate of 2%.  Inspectors always work with a group or team as important job functions.  Inspectors stand 80% of the day at the 50th percentile.  Inspectors sit 90% of the day  at the 90th percentile.  There is a small sliver of jobs around and below the 75th percentile but above the 50th percentile that could fall within the six hours of sitting or standing/walking.  And only 21% of the jobs are unskilled.  The key to this occupation is the contact with others and the need for work with a group or team.  

Housekeeping cleaner is a maids and housekeeping cleaner occupation.  This is a huge occupational base.  Occasional or less contact with others is 18%.  No teamwork is 4% of the jobs.  Because we start with 1.2 million jobs, we need less than 1%.  The teamwork limitation has this occupation under 50,000.  The presence of part-time work in 14% of jobs provides some potential reduction.  But we still are not "there."  The key is six hours of standing/walking.  Maids stand 80% of the workday at the 10th percentile.  There is no statistical basis for the inference that a quarter of the maids in the economy are standing six hours per day or less.  Because the full-time work, teamwork, and standing are independent variables, we apply them serially.  There are fewer than 4,000 jobs that might meet the standing/walking limitation in the RFC.  

If we don't check the witness against the data, we don't know whether the VE is reliable or pulling the jobs out of a hat.  It is clear that this VE did not use BLS data.  It is clear that this VE does not use any reliable methodology.  We can do better, we must do better.  

___________________________

Suggested Citation:

Lawrence Rohlfing, Another Example of Vocational Expert Prevarication, California Social Security Attorney (November 14, 2021)  https://californiasocialsecurityattorney.blogspot.com

A Brief List of Problems with the JBP Estimate for Small Products Assembler I

 Vocational experts frequently  identify small products assembler I (DOT 706.684-022) (aka small parts assembler or bench assembler) as a responsive occupation to a light residual functional capacity with or without a sit-stand option.  We address Job Browser Pro's (JBP) estimate in version 7.3.1 that this occupation represents 19,707 full-time jobs.  

1.  Inappropriate Industries

The food manufacturing subsector (NAICS 311000) is not involved in the basic functions of a small products assembler I.  The DOT defines small products assembler I:

 Performs any combination of following repetitive tasks on assembly line to mass produce small products, such as ball bearings, automobile door locking units, speedometers, condensers, distributors, ignition coils, drafting table subassemblies, or carburetors: Positions parts in specified relationship to each other, using hands, tweezers, or tongs. Bolts, screws, clips, cements, or otherwise fastens parts together by hand or using handtools or portable powered tools. Frequently works at bench as member of assembly group assembling one or two specific parts and passing unit to another worker. Loads and unloads previously setup machines, such as arbor presses, drill presses, taps, spot-welding machines, riveting machines, milling machines, or broaches, to perform fastening, force fitting, or light metal-cutting operation on assembly line. May be assigned to different work stations as production needs require or shift from one station to another to reduce fatigue factor. May be known according to product assembled.

None of the typical work functions have anything to do with food.  Small products assembler I works on an assembly line to mass produce small products.  The food subsector includes the JBP identified NAICS groups (four non-zero digits) for animal, sugar and confectionary, fruit and vegetable, dairy, animal slaughtering, seafood, and bakeries.  This industry groups does not involve assembly line work to mass product small products.  The identification of those industry groups has an apparent conflict with the DOT that requires a reasonable explanation.  This conflict raises serious questions about 896 jobs.   

The beverage and tobacco (NAICS 312000), textile (NAICS 314000), and leather (NAICS 316000) subsectors have the same apparent conflict.  Those industries do not carry descriptions related  to the assembly of small products on an assembly line.  These industry designations raise DOT conflict with 177 jobs.   

Printing and related support activities involve the printing of newspapers, books, labels, business cards, stationery, business forms, and other materials.  Workers perform activities involving data imaging, platemaking services, and bookbinding.  NAICS 323000.  These industries do to involve the mass production of small products.  This raises another conflict as to 31 jobs.  

The chemical manufacturing subsector in based on the transformation of organic and inorganic raw materials by a chemical process and formulation of products.  NAICS 325000.  JBP designates OEWS industry clusters NAICS 3250A1 and 3250A2.  JBP separately identifies NAICS 325400.   Those designations cover all 7 industry groups.  This raises a conflict as to 130 jobs JBP.    

The wood product manufacturing subsector (NAICS 321000) could have some assembly line work until we examine the specific industries within the subsector.  We should not get to exorcised over this as JBP identifies 69 jobs in three industry groups.  In some circuits, it might be necessary to raise questions about these small products assembled in the industry subsectors, group, and industries designated.  

Plastics and rubber product manufacturing do involve the manufacture of products.  NAICS 326000.  Most do not involve assembly characteristic of a small products assembler I.  Using molding or casting to create products does not involve assembly.  NAICS 326100.  Vulcanizing, cementing, molding, extruding, and lathe-cutting do not involve assembly characteristic of small products assembler I.  This represents another DOT-based conflict with 83 jobs.  

Primary metal manufacturing does not involve job duties performed by a small products assembler I.  NAICS 331000.  Primary metal manufacturing smelt or refine metals form ore, pig, or scrap.  Stamping and casting processes are excluded from NAICS 331000.  This observation from the NAICS Manual uncovers another DOT-based conflict with 97 jobs.    

Fabricated metal product manufacturing subsector requires careful examination of industry groups.  NIACS 332000.  JPB identifies the industry group cluster of NAICS 3320A1 and 3320A2 and separately identifies industry NAICS 332710 and industry group NAICS 332800.  The only industry within the subsector not on the list is turned product and screw, nut, and bolt manufacturing.  NAICS 332720.  Forging and stamping do not involve the assembly of small products.  NAICS 332100.  The manufacturing of metal kitchen cookware, utensils, cutlery, flatware, and saw blades do not invoke assembly line work.  Manufacture of nonpowered handtools and edge tools do not have an apparent conflict on inspection.  NAICS 332200.  Manufacture of prefabricated metal buildings, panels, and sections; structural metal products; metal plate work; metal framed windows and doors; metal sheet work; and ornamental and architectural metal products have an apparent conflict with assembly line work involving small products.  NAICS 332300.  The manufacture of power boilers and heat exchangers; tanks, vessels, and other containers; or forming light gauge metal containers has a conflict with production of small products on an assembly line.  NAICS 332400.  Hardware manufacturing of hinges, keys, and locks do not have an apparent conflict with small products assembler I.  NAICS 332500.  Cutting, bending, and heat winding or the manufacture of wire springs are assembly line processes involving the mass production of small parts and thus another DOT-based conflict.  NAICS 332600.  Machine shops involved in low volume work using lathes, screw machines, and other machines for boring, grinding, milling, and additive manufacturing are not assembly line types of work functions.  NAICS 332710.  Coating, engraving, and heat treating of metals conflict with the core duties of a small products assembler I on an assembly line.  NAICS 332800.  Valves, hose fittings, fixture fittings, trim manufacturing, and pipe fittings do not have a gross conflict with assembly line work involving small products.  NAICS 332900.  For this industry subsector, JBP is grossly overbroad.  Most of the industry groups simply do not fit.  This a long analysis to raise DOT-based conflict with 252 jobs.  

The industry sector designation 44-45 describes retail trade.  Retailers might have people that put pieces together for customers.  But the proposition that retailers have an assembly line for the production of small parts much less the examples of component parts described in the DOT produces another conflict uncovered by exploration of the NAICS Manual.  This observation form the NAICS Manual uncovers another DOT-based conflict with 902 jobs.    

 JBP states that small products assembler I represents 351 jobs in warehousing and storage.  NAICS 493000.  The warehousing and storage subsector primarily engages in operation of warehouse and storage facilities and logistical services related to distribution.  Warehousing and storage businesses would not logically have assembly line production using the services of a small products assembler I.  This observation from the NAICS manual reveals another DOT-based conflict with 351 jobs.  

JBP states that small products assembler I constitutes 934 jobs in the miscellaneous manufacturing industry subsector.  NAICS 339000.  A click on the "CBP" hyperlink and selecting staffing patterns confirms that the industry groups within the subsector includes not 6 DOT codes suggested by JBP but actually 136 DOT codes.  The denominator stated by SkillTran reduces the occupation-industry intersection of 5,606 jobs to 41 jobs, not 934 jobs.  

JBP lists over half the jobs in temporary help services.  NAICS 561320.  Vocational experts will state that this represents temp to regular hire process.  The NAICS disagrees.  

This industry comprises establishments primarily engaged in supplying workers to clients' businesses for limited periods of time to supplement the working force of the client. The individuals provided are employees of the temporary help services establishment. 

The interpretive ruling defines substantial gainful activity as including a concept of sustained work activity.  SSR 96-8p.  It is clear that part-time and seasonal work can constitute substantial gainful activity for past relevant work activity purposes.  SSR 83-35.  Whether seasonal or temporary work constitutes a regular and continuing basis is an open question.  SSR 96-8p.  

2. Inconsistent use of Subsectors and Industry Groups

The first big group of jobs comes in the paper manufacturing subsector (NAICS 322000).  JBP states that the subsector employs 4,564 production workers, all other in 2 DOT codes, small products assembler I and marker II.  A check of the "Show All DOTs in this OWES Group" box on the prior screen lists 1,528 DOT codes.  The DOT lists 14 codes as working in paper and pulp industry and 61 codes in the paper goods industry.  A check of those occupations within the program reveals that JPB lists those 75 occupations and another 26 codes from other industries in two industry groups: pulp, paper, and paperboard mills (NAICS 322100) and converted paper product manufacturing (NAICS 322200).  Those two industry groups comprise the entirety of the industry subsector of paper manufacturing.  

JBP attributed 4,564 jobs to small products assembler I and marker II.  JBP attributed those those same 4,564 jobs to 65 DOT codes in pulp, paper, and paperboard manufacturing and an overlapping 84 DOT codes in converted paper product manufacturing.  Because JBP uses equal distribution at the occupation-industry intersection, JBP estimates that each of those 101 codes represents 59 jobs in the two industry groups combined.  Moving small products assembler I and marker II to the industry  groups instead of the subsector increases the denominator by two in each calculation reduces the number of jobs attributable to small products assembler I to 58.  That is a far cry from the 2,282 reported by JBP.  

A click on the "CBP" hyperlink and selecting staffing patterns confirms the error in failing to use three and four digit NAICS codes designations.  SkillTran lists 101 DOT codes classified as part of production workers, all other as working in the paper manufacturing subsector.  

JBP states that small products assembler I constitutes 206 jobs in the furniture and related product manufacturing industry subsector.  NAICS 337000.  A click on the "CBP" hyperlink and selecting staffing patterns confirms that the industry groups within the subsector includes not 7 DOT codes suggested by JBP but actually 135 DOT codes.  The denominator stated by SkillTran reduces the occupation-industry intersection of 1,440 jobs to 11 jobs, not 206 jobs.  

The big employer of small products assembler I workers is temporary help services.  NAICS 561320.  JBP places 5 DOT codes in the occupation-industry intersection comprising 56,285 jobs.  Using the equal distribution method at the intersection, JBP states that small products assembler I comprises 11,384 jobs.  A click on the "CBP" hyperlink and selecting staffing patterns restates the presence of 5 production workers, all other DOT codes in NAICS 561320.  We have seen a pattern of error where JBP uses three-digit industry subsectors instead of four-digit industry groups.  Here, JBP uses a five-digit industry designation.  This calls for climbing up rather than drilling down.  Checking for national staffing patterns for industry group 561300 recites the same 5 DOT codes.  Checking the national staffing patterns for industry subsector 561000 lists 35 DOT codes.  A check of the OEWS for SOC 51-9199 and NAICS 560000 describes the intersection at 74,880 jobs.  Administrative support services (NAICS 561000) represents 72,600 jobs.  Employment services (NAICS 561300) represents 70,960 jobs.  Temporary help services (NAICS 561320) represents 67,360 jobs.  JBP lists 3 occupations in other support services (NAICS 561900) where the OEWS estimates 980 jobs.  SkillTran does not list any production worker occupations for other support services or business support services.  Discarding the 3 DOT codes designated for other support services, the question is where do the other 27 DOT codes belong?  Over 80% of the jobs in the subsector belong to the  temporary help services.  JBP and SkillTran have made inconsistent statements about which DOT codes belong in the sector, subsector, group, and industry.  It is incumbent on the proponent of the data to come forward with a logical and rational explanation of why reliance on JBP for these 11,384 jobs is reliable as opposed to a job number of 1,608.    

3.  Inconsistent Statements about Job Numbers

JBP list 866 production worker jobs in the petroleum and coal products manufacturing industry subsector (NAICS 324000).  Clicking on the "CBP" hyperlink and selecting staffing patterns reveals that SkillTran does not list production workers, all other as existing in the industry.  Checking the OccuCollect OEWS report for production workers in the manufacturing sector confirms that the petroleum manufacturing subsector employs 1,270 production workers.  The JBP estimate of 866 production workers and 51 small products assembler is reasonable.  But that conclusion is true if small products assembler I is involved in the transformation of crude petroleum and coal into usable small products.  

4.  Equal Distribution

JBP uses equal distribution at the occupation-industry intersection.  The Occupational Requirements Survey sets forth Labor's review of production workers.  In the 2020 data set. Labor states that 68% of production worker jobs require medium exertion.  Less than a third of DOT codes within production workers require medium exertion. Equal distribution overcounts sedentary and light job numbers and undercounts medium job numbers.  

Labor reports that 28% of production worker jobs require SVP 2.  Labor identifies 685 unskilled DOT codes out of a total of 1,590 DOT codes as production workers.  Equal distribution overcounts unskilled jobs numbers and undercounts semi-skilled and skilled job numbers.  

The simple observation that JBP uses equal distribution at the occupation-industry intersection makes the estimates of job numbers unreliable.  The estimate of jobs at the intersection is valuable information.  The identification of DOT codes at the intersection (sector, subsector, group, and individual industry) provides additional understanding of the work.  There are approximately 58,433 unskilled production worker jobs in the national economy.  There are 63,320 production jobs that do not require medium exertion.  Assuming that exertion and skill level are truly independent variables (that skill level and exertion do not correlate), the number of unskilled production jobs that do not require medium exertion totals 18,173.  That number of jobs is spread out in 405 light unskilled DOT codes and 52 sedentary unskilled DOT codes along with 43 heavy and very heavy occupations.  Many of light unskilled DOT codes requires frequent stooping, constant manipulation, exposure to loud or greater noise, exposure to pulmonary irritants, or exposure to workplace hazards.  

If skill levels and exertion do correlate and sedentary and light work are more likely to require skills than medium, heavy, and very heavy work, then the number of light and sedentary unskilled jobs as a proportion of that 18,173 aggregate drops.  There are not 19,707 full-time small products assembler I in the national economy.  Not unless the Department of Labor through the Bureau of Labor Statistics does not know how to count and classify jobs.  Creating conflict in the record before the ALJ forces the agency to state a logical and rational basis for rejecting the proffer and request for administrative notice. 

___________________________

Suggested Citation:

Lawrence Rohlfing, A Brief List of Problems with the JBP Estimate for Small Products Assembler, California Social Security Attorney (September 26, 2021)  https://californiasocialsecurityattorney.blogspot.com

Douglas Prutting, Vocational Expert and Probable Prevaricator

Vocational experts are not used to being challenged.  We need to make the challenge ordinary.  The time investment up front is extraordinary but the dividends in the long run will more than compensate for the initial investment.  Douglas Prutting, Colorado Springs, Colorado, is the example of the day.

We get to a light residual functional capacity, simple repetitive tasks, minimal educational requirements, and limited to standing/walking four hours in a workday.  Prutting identifies small products assembler I (DOT 706.684-022).  Prutting uses Job Browser Pro.

Which version?
 The latest version that came out in July 2019.  

Houston, we have a problem.  The latest version of JBP did not come out in July 2019.  Version 1.7 came out in October 2019.

How many jobs does JBP state there are for small product assembler?
218,000.

Is that for the entire SOC group (51-9199) and not the for the DOT code?
Yes.  

How many jobs does JBP estimate exists for small product assembler?
I don't know how to get that number.  

JBP uses the OES job numbers.  JBP is plain about that.  The current OES job number for production workers, all other is 230,760.  I do not have to check JBP, I know that Prutting is not looking at a 2019 release of JBP, either the last installment of ver. 1.6 or ver. 1.7.  He is not truthful.

The May 2014 OES data, released by BLS in May 2015, estimates the number of production workers, all other (SOC 51-9199) at 217,500.  No other year comes close.  Data for years after 2014 are too high.  Data for 2013 reports 206,600 jobs.  Prutting is using the JBP release from 2015 and has either never bothered to check current data or never updated JBP, another misstatement.

Douglas Prutting is a prevaricator.  It is just that plain.  He got caught using old data and resorted to the natural human instinct of self-defense by speaking falsely.  Prutting probably is not used to anyone challenging him or caring that he lies.  But I do.  I care.  And so should the agency.  The ALJ has access to JBP at their desk on the fly and can check witness testimony that relies on JBP.  But they don't care.  Neither does the agency.  Public confidence in the system demands that we expose false testimony and demand that Prutting and his ilk speak truthfully and accurately.  The quality of life of disabled people depends on it.  In an age of budget retraction, we have to prove disability when the person cannot work.

_______________________________________________________

SUGGESTED CITATION:

Lawrence Rohlfing, Douglas Prutting, Vocational Expert and Probable Prevaricator, California Social Security Attorney (March 4, 2020)
https://californiasocialsecurityattorney.blogspot.com/2020/03/douglas-prutting-vocational-expert-and.html

The Industries Assigned to Small Products Assembler I -- DOT Conflict

We addressed the use of DOT industry designations and narrative job descriptions to create unexplained conflict between the DOT and Job Browser Pro using lens inserter as our example.  We can now examine a bigger and more damaging problem in the occupation of small products assembler I (DOT 706.684-022).  We start with the DOT entry for the occupation:

706.684-022 ASSEMBLER, SMALL PRODUCTS I (any industry) alternate titles: bench assembler 

Performs any combination of following repetitive tasks on assembly line to mass produce small products, such as ball bearings, automobile door locking units, speedometers, condensers, distributors, ignition coils, drafting table subassemblies, or carburetors: Positions parts in specified relationship to each other, using hands, tweezers, or tongs. Bolts, screws, clips, cements, or otherwise fastens parts together by hand or using handtools or portable powered tools. Frequently works at bench as member of assembly group assembling one or two specific parts and passing unit to another worker. Loads and unloads previously setup machines, such as arbor presses, drill presses, taps, spot-welding machines, riveting machines, milling machines, or broaches, to perform fastening, force fitting, or light metal-cutting operation on assembly line. May be assigned to different work stations as production needs require or shift from one station to another to reduce fatigue factor. May be known according to product assembled.

GOE: 06.04.23 STRENGTH: L GED: R2 M1 L1 SVP: 2 DLU: 79

 The first thing to notice is the designation of any industry.  Here is what the DOT says about that any industry designation:

Occupations which characteristically occur in nearly all industries, or which occur in a number of industries, but not in most industries and which are not considered to have any particular industrial attachment, are assigned the designation of "any industry."

The mass production of small products such as ball bearings, automobile door locking units, speedometers, condensers, distributors, ignition coils, drafting table subassemblies, or carburetors do not occur in nearly all industries but do occur n a number of industries, not most industries.  When the vocational expert identifies small products assembler, it is incumbent to establish those self-evident facts.

So what does JBP describe as the industries?  We take them groups as a time.

311100 Animal food manufacturing
311200 Grain and oilseed milling
311300 Sugar and confectionery product manufacturing
311400 Fruit and vegetable preserving and specialty food manufa
311500 Dairy product manufacturing
311600 Animal slaughtering and processing
311700 Seafood product preparation and packaging
311800 Bakeries and tortilla manufacturing
312100 Beverage manufacturing
314000 Textile product mills
316000 Leather and allied product manufacturing
321100 Sawmills and wood preservation
321200 Veneer plywood and engineered wood product manufact
321900 Other wood product manufacturing
322000 Paper manufacturing
323000 Printing and related support activities
324000 Petroleum and coal products manufacturing
3250A1 Chemical manufacturing
3250A2 Chemical manufacturing
325400 Pharmaceutical and medicine manufacturing

These industries would not appear to manufacture small products on an assembly line.

326100 Plastics product manufacturing
326200 Rubber product manufacturing

These categories are possible and do not create an easily established apparent conflict.

331200 Steel product manufacturing from purchased steel
331300 Alumina and aluminum production and processing
331400 Nonferrous metal (except aluminum) production and proc
331500 Foundries
3320A1 Fabricated metal product manufacturing
3320A2 Fabricated metal product manufacturing
332710 Machine shops
332800 Coating engraving heat treating and allied activities

More questionable industries.  

3330A1 Machinery manufacturing
333300 Commercial and service industry machinery manufacturin
333500 Metalworking machinery manufacturing
333600 Engine turbine and power transmission equipment manuf
334100 Computer and peripheral equipment manufacturing
334200 Communications equipment manufacturing
334300 Audio and video equipment manufacturing
334400 Semiconductor and other electronic component manufact
334500 Navigational measuring electromedical and control instr
334600 Manufacturing and reproducing magnetic and optical medi
335100 Electric lighting equipment manufacturing
335200 Household appliance manufacturing
335300 Electrical equipment manufacturing
335900 Other electrical equipment and component manufacturing
336100 Motor vehicle manufacturing
336200 Motor vehicle body and trailer manufacturing
336300 Motor vehicle parts manufacturing
336400 Aerospace product and parts manufacturing
336900 Other transportation equipment manufacturing
337000 Furniture and related product manufacturing
339000 Miscellaneous manufacturing
339100 Medical equipment and supplies manufacturing

Some of these facially fit the DOT occupation description.  Others require an explanation. 

4230A1 Merchant wholesalers durable goods
423100 Motor vehicle and motor vehicle parts and supplies merch
423400 Professional and commercial equipment and supplies mer
423800 Machinery equipment and supplies merchant wholesaler
4240A1 Merchant wholesalers nondurable goods
4240A2 Merchant wholesalers nondurable goods
4240A3 Merchant wholesalers nondurable goods
424300 Apparel piece goods and notions merchant wholesalers
424500 Farm product raw material merchant wholesalers
425000 Wholesale electronic markets and agents and brokers
441000 Motor vehicle and parts dealers
444000 Building material and garden equipment and supplies deal
445000 Food and beverage stores
448000 Clothing and clothing accessories stores
451000 Sporting goods hobby musical instrument and book stor
453000 Miscellaneous store retailers
454000 Nonstore retailers
493000 Warehousing and storage
561320 Temporary help services

Wholesalers and retailers do not manufacture.  They employ production workers, all other, but not this DOT code, not without a reasonable explanation.

624300 Vocational rehabilitation services

Sheltered work does not count. 

811200 Electronic and precision equipment repair and maintenanc

Workers repairing and maintaining do not manufacture. 

TE1100 TESelf-employed workers

 This last category of self-employed production workers probably does not fit the unskilled mantra.

The industries listed by JBP for small products assembler are questionable for many of those listed.  This is fertile grounds for cross-examining the VE.

_______________________________________________________

SUGGESTED CITATION:

Lawrence Rohlfing, The Industries Assigned to Small Products Assembler I -- DOT Conflict," California Social Security Attorney (January 11, 2020),
http://californiasocialsecurityattorney.blogspot.com/2020/01/the-industries-assigned-to-small.html

Industry Classifications -- NAICS, Manufacturing, and Small Products Assembler I

We discussed the industry classifications used in the Dictionary of Occupational Titles (DOT) in Submit the Employment Projections for Occupation-Industry for Each Occupation Cited, Why the Equal Distribution Method of Estimating Job Numbers Conflicts with the DOT, and we have discussed industry designations in posts about several different occupations in the past.  Industry classifications form part of the DOT definition of occupations, constitute half of the occupation-industry matrix for the employment projections at the core of the Occupational Outlook Handbook (OOH), and make the whole of the classification system for counting jobs in County Business Patterns (CBP).  The system used by the modern industry classifications is the North American Industry Classification System.

The Census Bureau publishes the 2017 NAICS Manual.  Inside the Manual, we find the industries as classified through negotiation between the United States, Mexico, and Canada.  The U.S. has a committee led by OMB; Mexico and Canada have one agency, each, on this trilateral project.  The Foreword identifies the purpose and scope of NAICS:

Classifications serve as a lens through which to view the data they classify. NAICS is the first industry classification system that was developed in accordance with a single principle of aggregation, the principle that producing units that use similar production processes should be grouped together. NAICS also reflects, in a much more explicit way, the enormous changes in technology and in the growth and diversification of services that have marked recent decades. Though NAICS differs from other industry classification systems, the three countries continue to strive to create industries that do not cross two-digit boundaries of the United Nations’ International Standard Industrial Classification of All Economic Activities (ISIC).

NAICS rests on a structure based on hierarchy.  NAICS codes are expressed in a six-digit format.  The zero-digit is a placeholder, not a differentiating designation.  NAICS 11 or 110000 designate the Agriculture, Forestry, Fishing and Hunting industry sector.   A third non-zero digit designates the industry subsector; the fourth non-zero digit designates the industry group; the fifth non-zero digit designates the NAICS industry; and the sixth non-zero digit designates the U.S. industry.  When the sixth digit is a zero, the NAICS industry and the U.S. industry are the same.

Vocational experts identify work in the manufacturing sector frequently.  We can use the manufacturing sector as a case study.  The 2017 NAICS structure for the U.S. is summarized:

Sector	Name	Subsectors (3-digit)	Industry Groups (4-digit)	NAICS Industries (5-digit)	6-digit Industries
					U.S. Detail	Same as 5-digit	Total
31-33	Manufacturing	21	86	180	265	95	360

The manufacturing sector is so large in terms of number of industries that it uses three different designations for the first two digits: 31; 32; and 33.  Sector designation 31 includes food and clothing manufacturing subsectors.  Sector designation 32 includes wood, paper, printing, petroleum and coal products, chemical, plastics and rubber, nonmetallic mineral product manufacturing subsectors.  Sector designation 33 includes primary metal; fabricated metal; machinery; computer and electronic; electrical equipment, appliance, and component; transportation equipment; furniture; and miscellaneous manufacturing subsectors.  Sector 31-33 contains 360 discrete industries within those three broad groups.

When we look at the oft-cited production worker DOT occupations (between 1,526 and 1,590 of them), we know that those occupations are part of production workers, all other (SOC 51-9199).  That occupational group represents 263,500 jobs according to the Employment Projections for 2016 and projected 2026.  We can collapse the EP down to just total employment, the manufacturing sector, and the 21 subsectors (excluding those that have no reported data):

	Industry		2016
Line	NAICS	Title	Emp (1000s)	% of industry
1	TE1000	Total employment	263.5	0.2
30	31-330	Manufacturing	113.5	0.9
31	311000	Food manufacturing	13.1	0.8
41	312000	Beverage and tobacco product manufacturing	1.4	0.6
43	313-40	Textile mills and textile product mills	1.3	0.6
45	315-60	Apparel, leather and allied product manufacturing	0.9	0.6
47	321000	Wood product manufacturing	4.6	1.2
51	322000	Paper manufacturing	5.3	1.4
56	325000	Chemical manufacturing	8.7	1.1
64	326000	Plastics and rubber products manufacturing	6.2	0.9
67	327000	Nonmetallic mineral product manufacturing	4.9	1.2
73	331000	Primary metal manufacturing	5.6	1.5
79	332000	Fabricated metal product manufacturing	11.9	0.8
91	333000	Machinery manufacturing	7.6	0.7
99	334000	Computer and electronic product manufacturing	3.9	0.4
106	335000	Electrical equipment, appliance, and component manufacturing	4.7	1.2
111	336000	Transportation equipment manufacturing	20.4	1.3
117	337000	Furniture and related product manufacturing	1.6	0.4
123	339000	Miscellaneous manufacturing	7.3	1.0

The headers are tweaked to make the chart fit.  Numbers reported in red are industries in decline.  Line references correspond to the sort number on the EP.

We are now ready to examine small products assembler I (DOT 706.684-022).  Small products assemblers mass produce small products:

such as ball bearings, automobile door locking units, speedometers, condensers, distributors, ignition coils, drafting table subassemblies, or carburetors

Searching through NAICS either in the Manual or the website (the latter is faster), we find:

332991 Ball and Roller Bearing Manufacturing

This U.S. industry comprises establishments primarily engaged in manufacturing ball and roller bearings of all materials.

332510 Hardware Manufacturing

This industry comprises establishments primarily engaged in manufacturing metal hardware, such as metal hinges, metal handles, keys, and locks (except coin-operated, time locks).

334514 Totalizing Fluid Meter and Counting Device Manufacturing

This U.S. industry comprises establishments primarily engaged in manufacturing totalizing (i.e., registering) fluid meters and counting devices. Examples of products made by these establishments are gas consumption meters, water consumption meters, parking meters, taxi meters, motor vehicle gauges, and fare collection equipment.

336390 Other Motor Vehicle Parts Manufacturing

This industry comprises establishments primarily engaged in manufacturing and/or rebuilding motor vehicle parts and accessories (except motor vehicle gasoline engines and engine parts, motor vehicle electrical and electronic equipment, motor vehicle steering and suspension components, motor vehicle brake systems, motor vehicle transmissions and power train parts, motor vehicle seating and interior trim, and motor vehicle stampings).

336320 Motor Vehicle Electrical and Electronic Equipment Manufacturing

This industry comprises establishments primarily engaged in manufacturing and/or rebuilding electrical and electronic equipment for motor vehicles and internal combustion engines. The products made can be used for all types of transportation equipment (i.e., aircraft, automobiles, trucks, trains, ships) or stationary internal combustion engine applications.

Small products assemblers work in two industries in fabricated metal product manufacturing (332), one industry in computer and electronic product manufacturing (334), and two industries in transportation equipment manufacturing (336).  Those subsectors employ 36,200 production workers, all other.

Our friends at SkillTran report in Job Browser Pro the following industries:

NAICS	Industry	DOTs
334200	Communications equipment manufacturing	22
334400	Semiconductor and other electronic component manufacturing	32
334500	Navigational, measuring, electromedical, and control instrument manufacturing	83
334600	Manufacturing and reproducing magnetic and optical media	3
335100	Electric lighting equipment manufacturing	18
335200	Household appliance manufacturing	36
335300	Electrical equipment manufacturing	23
335900	Other electrical equipment and component manufacturing	29
336300	Motor vehicle parts manufacturing	29
336400	Aerospace product and parts manufacturing	30
336900	Other transportation equipment manufacturing	12

It is the number of DOT codes within the occupational group that coexist in the industry that reduce the number of jobs available to any one or set of unskilled occupations.  JBP estimates the number of small products assembler I at 927 in the nation.  We must remember that the OOH classifies this occupational group as semi-skilled and that the ORS reports that over 70% of the jobs require medium exertion.

Once we get into the weeds, job numbers gets complicated despite the observation that the number of jobs is a statistical fact that does not vary from case to case dependent on the identity of the vocational expert.