Wednesday, November 28, 2018

Election Clerk - DOT 205.367-030 - Job Browser Pro is Wrong

Every once in a while, a vocational expert will rely on Job Browser Pro to identify 200,000 election clerk jobs in the national economy.  That is what the 2018 release of JBP says.  JBP is wrong.  Let's start with the definition of the occupation from the DOT

205.367-030 ELECTION CLERK (government ser.) alternate titles: poll clerk; returning officer
    Performs any combination of the following duties during elections: Compiles and verifies voter lists from official registration records. Requests identification of voters at polling place. Obtains signatures and records names of voters to prevent voting of unauthorized persons. Distributes ballots to voters and answers questions concerning voting procedure. Counts valid ballots and prepares official reports of election results. 
GOE: 07.04.03 STRENGTH: S GED: R3 M2 L2 SVP: 2 DLU: 77

JBP places the occupation where it belongs in SOC group 43-9061, office clerks, general.  The occupational group contains 74 DOT codes, 41 of which are sedentary with 3 of those unskilled.  Election clerk is one of the unskilled sedentary occupations. 

As the DOT name states, election clerks work in the government service industry.  But in our system of state and federal government, the federal government does not run the elections.  Local governments do.  The correct industry is NAICS 932000 and that is the industry that JBP uses. 

JBP approximates the Occupational Employment Statistics from the Bureau of Labor Statistics and its occupation-industry matrix.  JBP lists election clerk as the only general office clerk in the group.  That is because JBP lists 12 other DOT codes as working in government at all levels, NAICS 930000.  Using the industry sector (930000) captures 13 DOT codes.  Using the industry subsector (932000) captures just one, election clerk.  This observation shows that JBP is wrong about election clerk and reflects a lack of consistent application of two, three, and four-digit NAICS codes to the industry assignment.  Blind acceptance of JBP numbers is a mistake, not reliable, and not substantial evidence.  We must prove JBP either reliable or unreliable on a case-by-case basis. 

JBP uses an industry-occupation matrix to index the number of jobs within the intersection of the SOC/OES/O*NET group and the NAICS code.  At that intersection level, JBP uses the illogical equal distribution method of determining the number of jobs attributed to each DOT code.  The Occupational Requirements Survey provides a better alternative -- breaking down the occupational group by skill and exertion. 


Education, Training, And Experience Report
43-9061.00 (office clerks, general)

Series ID: ORUV1000075800000064
Not seasonally adjusted
Series Title: % of office clerks, general; svp is short demonstration only
Requirement: Education, Training, And Experience
Occupation: office clerks, general
Estimate: svp is short demonstration only
YearPeriodEstimate
2017Annual5.8
Series ID: ORUV1000075800000065
Not seasonally adjusted
Series Title: % of office clerks, general; svp is beyond short demonstration, up to & including 1 month
Requirement: Education, Training, And Experience
Occupation: office clerks, general
Estimate: svp is beyond short demonstration, up to & including 1 month
YearPeriodEstimate
2017Annual29.5

According to the ORS, 35.3% of office clerks, general are unskilled. 


Physical Demands Report
43-9061.00 (office clerks, general)

Series ID: ORUP1000075800000661
Not seasonally adjusted
Series Title: % of office clerks, general; strength is sedentary
Requirement: Physical Demands
Occupation: office clerks, general
Estimate: strength is sedentary
YearPeriodEstimate
2017Annual32.8

Series ID: ORUP1000075800000662
Not seasonally adjusted
Series Title: % of office clerks, general; strength is light work
Requirement: Physical Demands
Occupation: office clerks, general
Estimate: strength is light work
YearPeriodEstimate
2017Annual41
Series ID: ORUP1000075800000663
Not seasonally adjusted
Series Title: % of office clerks, general; strength is medium work
Requirement: Physical Demands
Occupation: office clerks, general
Estimate: strength is medium work
YearPeriodEstimate
2017Annual25.1


These observations bring us back to full circle, the definition of the election clerk occupation:  " Performs any combination of the following duties during elections."    Election clerks don't engage in substantial gainful activity; they work one or two days two or three times per year in ordinary predictable circumstances. 

How many election clerks engage in substantial gainful activity?  Probably none.  If election clerks can represent sedentary unskilled work in the government sector (920000), it would be 11.6% of the intersection of office clerks, general and local government.  The BLS-OES report states:

Industry
Employment 
Percent of industry employment
Local Government, excluding schools and hospitals (OES Designation)
175,720
3.22

That approximates 20,384 jobs in the national economy as a sedentary office clerk, general in government services industry subsector.  It also means that sedentary unskilled office clerks represent about 344,244 jobs in the nation.  Limitations in complexity, dexterity, manipulation, or sitting more than six hours in a day would erode those job numbers. 

Wednesday, November 14, 2018

Transferability of Skills -- POMS Updated

We discussed transferability of skills three years ago in Transferable Skills Analysis.  Last month, the Commissioner updated the TSA process description in POMS.  The discussion of Transferable Skills Analysis (TSA) as to the regulations and ruling continue to apply.  This piece updates to the current POMS 25015.017.  

Part A consists of a list of Medical-Vocational Guidelines rules that direct decisions when skills either transfer or do not transfer.  POMS is a little off on the list.  When a rule that assumes the absence of transferability directs a conclusion of "not disabled," the transferability of skills is irrelevant.  Part B lists four factors in TSA:
Transferability of skills is an issue when all four of the following are true:
1. Transferability is material to the determination;
2. The individual’s residual functional capacity (RFC) or mental residual functional capacity (MRFC) prevent the performance of past relevant work (PRW);
3. PRW has been determined to be skilled or semiskilled; and
4. The claimant does not have a mental impairment that prevents him or her from doing skilled and semiskilled work.
Part C defines skills and gives examples of what are not skills:
• Answering a standard telephone, operating a two-way radio or intercom
• Basic driving ability
• Filing papers
• Greeting customers
• Basic food preparation
• Performing routine money handling tasks
Part G cautions:
Before beginning the TSA, make sure all of the following are true:
• Transferability is material to the disability determination;
• The claimant has semi-skilled or skilled PRW;
• The claimant’s RFC or MRFC does not prevent him or her from using his or her skill(s) in other work; and
• The claimant’s description of PRW provides enough detail to perform a TSA.
 Part I is the interpretation of the skills regulation
Step 4 – Search for occupations related to the claimant’s PRW using the same or similar:
• guide for occupational exploration (GOE) code;
• materials, products, subject matter, and services (MPSMS) code;
• work field (WF) code;
• occupation group (first three digits of DOT code); or
• industry designation.
The phrase same or similar comes directly out of the regulation (d)(2):
(ii) The same or similar tools and machines are used; and
(iii) The same or similar raw materials, products, processes, or services are involved.
 The Revised Handbook for Analyzing Jobs defines work fields and MPSMS codes:
Work Fields: These are groupings of technologies and socioeconomic objectives that reflect how work gets done and what gets done as the result of the work activities of a job, or in other words, the purpose of the job. They summarize and classify the overall objectives of work, such as processing of materials, fabricating products, utilizing data, and providing services. The 96 Work Fields are defined and discussed in Chapter 4.
Materials, Products, Subject Matter, and Services (MPSMS): MPSMS include (a) basic materials being processed, such as fabric, metal, or wood; (b) final products being made, such as automobiles or baskets; (c) data, when being dealt with or applied, such as in dramatics or physics; and (d) services being rendered, such as barbering or dentistry. Chapter 5 contains information about this component.
 The RHAJ continues in Chapter 4 to define the concepts of work fields:
Work Fields. a component of Work Performed. are categories of technologies that reflect how work gets done and what gets done as a result of the work activities of a job: the purpose of the job. There are 96 Work Fields identified for use by the USES for classification of all jobs in the economy in terms of what gets done on the job.
Work Fields range from the specific to the general and are organized into homogeneous groups, based on related technologies or objectives. such as the movement of materials. the fabrication of products, the use of data. and the provision of services. Each Work Field is identified by a three-digit code, a brief descriptive title, and a definition. In many cases. a comment is included which enlarges upon
the definition and limits or extends the application of the Work Field. Also, cross-references are frequently included which distinguish one Work Field from other related Work Fields.
Following the definition is a list of methods verbs which illustrate the applicatiOfi of the Work Field. This list is not intended to be exhaustive. but merely representative, of the ways in'.which the objective of the Work Field can be accomplished. Note that the methods verbs listed as examples do not include those appearing in the title or definition for that Work Field. inasmuch as they are implicit in the Work Field. Some methods verbs are used as illustrative examples in more than one Work Field; however, their meanings may differ in the various listings.
It is important to understand that the concept of Work Fields involves consideration not only of the overall objective or purpose of a job, but also how the objective is attained; that is, the means by which the objective of the job is met. MTEW A are instruments and devices used by the worker to achieve the objective of the job. MTEW A are directly related to, and help describe, specific methods verbs. 
The job of a worker who performs in a first-line supervisory or helper capacity is assigned the same Work Field(s) as that of the jobs of the workers supervised or helped, because the technological objectives are the same as those of the workers supervised or helped. It is incorrect to assign Work Field 295-Administering to such supervisory jobs; or 0 II-Material Moving to helper jobs. For Things jobs that are machine-related. the Work Field is based upon what the machine does. For example, the job of a worker who tends a machine that smooths and polishes bores of shotgun barrels is assigned Work Field 051-Abrading. Prefixes. such as un or reo are implicit in the definition of a Work Field. For example. Material Moving includes unloading and removing; Filling-Packing-Wrapping includes unpacking, unwrapping. etc.
 Chapter 5 defines the concepts of MPSMS codes:
The Work Perfonned component of MPSMS includes:
Basic Materials processed, such as fabric, metal, or wood.
Final Products made, such as automobiles; cultivated, such as field crops; harvested, such as sponges; or captured, such as wild animals.
Subject Matter or data dealt with or applied. such as astronomy or journalism.
Services rendered, such as barbering or janitorial.
MPSMS is the final link in a chain describing (1) what the worker does (Worker Functions); (2) what gets done (Work Fields); (3) to what (MPSMS).
The determination and assignment of an appropriate MPSMS code and title for a specific job is essential (1) to place the job in its occupational group of the DOT and (2) to contribute to an understanding of the basic knowledge required of the worker. The assigned Work Fieldls) and MPSMS together answer the question, "What does the worker need to know?"
MPSMS categories are closely related in organization and content to categories in the Standard Industrial Classification Manual (SIC) and to educational classifications of subject matter. Some categories of MPSMS are tangible and some are intangible. Categories of tangibles cover materials and products, such as Grains and Alcoholic Beverages. Categories of intangibles involve specialized knowledge or services, such as Dramatics and Air Transportation, and cannot be expressed by listing a material or product.
 Chapter 11 defines the Guide for Occupational Exploration:
The Guide for Occupational Exploration (GOE) provides users with information about the interests, aptitudes, adaptabilities, and other requisites of occupational groups. The GOE is designed for use in self-assessment and counselor-assisted settings to help people understand themselves realistically in regard to their ability to meet job requirements.
 Because of the incorporation of worker functions (the middle three digits of every DOT code), we look to Chapter 3 for the definition of those data-people-things codes:
Worker Functions, one of the three components of Work Performed, are activities which identify worker relationships to data, people, and things.
The takeaway in comparing what the process requires now and what it required three years ago is that nothing material has changed.  The Commissioner has a stable understanding and interpretation of the TSA process.  That understanding of the skills regulation warrants Skidmore deference if not Auer deference.  

Monday, November 12, 2018

Dowel Inspector Amounts to an Estimated 76 Jobs

We have to start with the data to get to the good stuff, the number of jobs as a dowel inspector in the nation.

DOT Name: DOWEL INSPECTOR (woodworking)
DOT Narrative: 669.687-014 DOWEL INSPECTOR (woodworking) Inspects dowel pins for flaws, such as square ends, knots, or splits, and discards defective dowels.
GOE: 06.03.02 STRENGTH: S GED: R1 M1 L1 SVP: 2 DLU: 77
SOC: 51-9061.00 Inspectors, Testers, Sorters, Samplers, and Weighers
51-9061 Inspectors, testers, sorters, samplers, and weighers

Typical Education Needed
High school diploma or equivalent
Work Experience in a Related Occupation
None
Typical On-The-Job Training Needed to Attain Competency
Moderate-term on-the-job training
2016 Employment
520,700

Source:

Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, Quality Control Inspectors, on the Internet at https://www.bls.gov/ooh/production/quality-control-inspectors.htm

All OOH Education & Training: Education And Training By Occupation
Education Levels of Incumbents
51-9061 Inspectors, testers, sorters, samplers, and weighers
Typical Education Needed
High school diploma or equivalent
Less than a High School Education
10.2
High School Education or Equivalent
35.7
Some College, No Degree
26.5
Associates Degree
10.7
Bachelor's Degree
13.4
Master's Degree
3
Doctoral or Professional Degree
0.5

Bureau of Labor Statistics, U.S. Department of Labor, Employment Projections, Educational attainment for workers 25 years and older by detailed occupation, available on the Internet at https://www.bls.gov/emp/tables/educational-attainment.htm


Series ID: ORUV1000005A00000065
Not seasonally adjusted
Series Title: % of inspectors, testers, sorters, samplers, and weighers; svp is beyond short  demonstration, up to & including 1 month
Requirement: Education, Training, And Experience
Occupation: inspectors, testers, sorters, samplers, and weighers
Estimate: svp is beyond short demonstration, up to & including 1 month
Year
Period
Estimate
2017
Annual
16.5

Series ID: ORUP1000005A00000239
Not seasonally adjusted
Series Title: % of inspectors, testers, sorters, samplers, and weighers; lifting/carrying up to 10 lbs is required, seldom
Requirement: Physical Demands
Occupation: inspectors, testers, sorters, samplers, and weighers
Estimate: lifting/carrying up to 10 lbs is required, seldom
Year
Period
Estimate
2017
Annual
23



32199 All Other Wood Product ManufacturingT
This industry comprises establishments primarily engaged in manufacturing wood products (except establishments operating sawmills and wood preservation facilities; and establishments manufacturing veneer, plywood, engineered wood products, millwork, wood containers, or pallets).
Illustrative Examples:Mobile homes manufacturingPanels, prefabricated wood building, manufacturingPrefabricated wood buildings manufacturingSections, prefabricated wood building, manufacturingWood dowels manufacturing
Wood handles (e.g., broom, handtool, mop) manufacturing
Cross-References.               Establishments primarily engaged in
  • Operating sawmills or preserving wood--are classified in Industry 32111, Sawmills and Wood Preservation;
  •  Manufacturing veneer, plywood, and engineered wood products--are classified in Industry 32121, Veneer, Plywood, and Engineered Wood Product Manufacturing;
  • Manufacturing millwork--are classified in Industry 32191, Millwork;
  • Manufacturing wood containers, pallets, and wood container parts--are classified in Industry 32192, Wood Container and Pallet Manufacturing;
  • Manufacturing travel trailers with self-contained facilities for storage of water and waste--are classified in Industry 33621, Motor Vehicle Body and Trailer Manufacturing; and
  • Fabricating wood buildings or wood sections and panels for buildings at the construction site, or setting up manufactured homes (i.e., mobile homes) at the construction site--are classified in Sector 23, Construction
321999 All Other Miscellaneous Wood Product Manufacturing
This U.S. industry comprises establishments primarily engaged in manufacturing wood products (except establishments operating sawmills and preservation facilities; establishments manufacturing veneer, engineered wood products, millwork, wood containers, pallets, and wood container parts; and establishments making manufactured homes (i.e., mobile homes) and prefabricated buildings and components).

Illustrative Examples:Cabinets (i.e., housings), wood (e.g., sewing machines, stereo, television), manufacturingCork products (except gaskets) manufacturingKiln drying lumberShoe trees manufacturingWood dowels manufacturing
Wood extension ladders manufacturingWood handles (e.g., broom, handtool, mop), manufacturingWood kitchenware manufacturingWood stepladders manufacturingWood toilet seats manufacturingWood toothpicks manufacturing


 North American Industry Classification System, p. 182-93 (United States, 2017)

Other industry considerations:

3219 Other Wood Product ManufacturingT
This industry group comprises establishments primarily engaged in manufacturing wood products (except establishments operating sawmills and wood preservation facilities; and establishments manufacturing veneer, plywood, or engineered wood products).
  
32191 MillworkT
This industry comprises establishments primarily engaged in manufacturing hardwood and softwood cut stock and dimension stock (i.e., shapes); wood windows and wood doors; and other millwork including wood flooring. Dimension stock or cut stock is defined as lumber and worked wood products cut or shaped to specialized sizes. These establishments generally use woodworking machinery, such as jointers, planers, lathes, and routers to shape wood.
Cross-References.               Establishments primarily engaged in
  • Manufacturing dimension lumber, boards, beams, timbers, poles, ties, shingles, shakes, siding, and wood chips from logs and bolts--are classified in Industry 32111, Sawmills and Wood Preservation;
  • Fabricating millwork at the construction site--are classified in Industry 23835, Finish Carpentry Contractors; and
  • Manufacturing wood furniture frames and finished wood furniture parts--are classified in Industry 33721, Office Furniture (including Fixtures) Manufacturing.

32192 Wood Container and Pallet ManufacturingT
See industry description for 321920.
321920 Wood Container and Pallet Manufacturing
This industry comprises establishments primarily engaged in manufacturing wood pallets, wood box shook, wood boxes, other wood containers, and wood parts for pallets and containers.
Cross-References.
Establishments primarily engaged in manufacturing wood burial caskets are classified in U.S. Industry 339995, Burial Casket Manufacturing.

North American Industry Classification System, p. 181-82 (United States, 2017)


Employment by industry, occupation, and percent distribution, 2016
51-9061 Inspectors, testers, sorters, samplers, and weighers
(Employment in thousands)
Industries with fewer than 50 jobs, confidential data, or poor quality data are not displayed      

Industry
2016
Sort Order
Code
Title
Employment
Percent of industry
1
TE1000
Total employment
520.7
0.3
59
321900
Other wood product manufacturing
3.4
1.5


County Business Patterns

2012 NAICS code
Meaning of 2012 NAICS code
Paid employees for pay period including March 12 (number)
231,547
108,433
53,362
23,632
31,439
54,687
54,687
68,427
24,634
13,069
30,724


DOT Codes sharing the same SOC group (51-9061) and same DOT industry (woodworking):

DOT Code
DOT Title
  SVP  
  STRENGTH
563.687-014
Moisture Tester
2
L
669.687-014
Dowel Inspector
2
S
669.687-030
Grader
4
L
762.384-010
Glued Wood Tester
7
L
769.684-022
Final Inspector, Shuttle
4
L
769.684-046
Shuttle Inspector
4
L
769.687-014
Bobbin Inspector
2
L
769.687-026
Inspector
3
L
769.687-034
Plug Sorter
2
L
922.687-074
Lumber Sorter
2
M



 Now that we have the data, we can conduct a very short analysis.  
AGGREGATE OF UNSKILLED SEDENTARY INSPECTORS, TESTERS, SORTERS, SAMPLERS, AND WEIGHERS
Assume 520,700 jobs as inspectors, testers, sorters, samplers and weighers. 
Assume percentage of unskilled work (16.5%), yields 85,916 jobs.
Assume percentage of sedentary jobs (23%) yields 19,760 jobs

AGGREGATE OF UNSKILLED SEDENTARY INSPECTORS, TESTERS, SORTERS, SAMPLERS, AND WEIGHERS IN ALL WOOD PRODUCT MANUFACTURING
Assume 3,400 jobs as inspectors, testers, sorters, samplers and weighers in the other wood product manufacturing industry (NAICS 321900). 
Assume percentage of unskilled work (16.5%), yields 561 jobs
No other sedentary unskilled jobs as inspectors, testers, sorters, samplers and weighers in the other wood product manufacturing industry (NAICS 321900).  No further reduction for sedentary exertion. 

AGGREGATE OF UNSKILLED SEDENTARY INSPECTORS, TESTERS, SORTERS, SAMPLERS, AND WEIGHERS IN ALL OTHER WOOD WOOD PRODUCT MANUFACTURING
Assume industry employment of 30,724 jobs.
Assume percent of industry (1.5%) work as inspectors, testers, sorters, samplers, and weighers, yields 461 jobs. 
Assume percentage of unskilled work (16.5%), yields 76 jobs.

Kosher Inspector - 529.687-126; Coal Sampler - 922.687-038 - Occasional Handling, No Fingering

We used the  SCO and the aptitudes for dexterity  to show that there really are not a significant number of jobs for a person limited to lig...