Employer Validation of Jobs Allowing Five-Minute Breaks Each Hour of the Workday

Vocational experts are challenged to go beyond “professional experience” when testifying on the types and numbers of jobs available given their functional restrictions. Although placing individuals .in jobs and conducting job analyses are important to the knowledge base of the expert, having an empirical basis for citing occupations and job numbers can enhance the credibility of testimony. This is particularly true when opining the impact of psychiatric and non-exertion limitations, which often carry with them restrictions not readily identified by the Dictionary of Occupational Titles. One common psychological restriction involves avoidance of stress-inducing activity. Although all workers experience some stress in the workplace, those with psychiatric impairments may feel overwhelmed and unable to maintain concentration, persistence, and pace. These individual may requfre a short break, as much as five (5) minutes every hour, removed from the workstation, to engage in stress reducing activities such as deep breathing or muscle relaxation exercises. This can be problematic in maintaining employment. To address this issue, a labor market survey was conducted to ascertain the opinions of employers of those occupations commonly cited by vocational experts in Social Security Administration bearings on how a 5-minute break every hour would impact employability. Results indicate that work activity still exists, but in reduced numbers. Empirical evidence can reinforce expert testimony and assist job placement professionals in identifying feasible occupational alternatives for their clients.