ENGINEERING COUNCIL OF SOUTH AFRICA

PUBLIC CONSULTATION ROADSHOW

Date: Monday, 04 JULY 2016 JOHANNESBURG

Presenters: Mr. Sipho Madonsela, Pr. Eng

Adv. RN Gaoraelwe

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OVERVIEW(1) • ECSA is a built environment statutory council established and governed by its founding legislation: the Engineering

Profession Act No 46 of 2000(“The Act”). • ECSA’s legislative mandate is, in summary, to undertake the following:

– Register Engineers and candidate engineers in the different categories; – Accredit Engineering Programmes at Universities; – Evaluate foreign qualifications to determinate substantial equivalence to ECSA-accredited South African

Engineering qualifications; and – Regulate professional conduct by registered persons.

OVERVIEW(2) • At ECSA’s apex is a 50-member Council that exercise control and gives direction. • ECSA carries out its mandate primarily through 3 output arms, namely:

– Administration, led by the CEO: Implements Council and Committee resolutions; compliance and governance-monitoring;

– Committees(comprising of peers(registered persons)): Delegated powers by Council; and – Voluntary Associations: Delegated functions by Council.

• ECSA accounts and reports to Government and Parliament(directly and via the CBE) in how it carries out its legislative mandate. In this regard:

– Quarterly reports are submitted to CBE; and – Annual Reports to DPW and to Parliament via CBE.

• ECSA is funded by registered persons. No Govt. funding. • ECSA’s role is subject to constant monitoring and evaluation, notably, by:

– Registered persons; – Govt; – The media; and lately – The Public Protector.

• Over and above the “hard” legislative mandate, there is also the “soft” mandate that ECSA is expected to undertake, namely:

– Drive a clear transformational agenda of the engineering profession; – Align its mandate to Govt’s vision and goals: socio-economic, job-creation, poverty alleviation, etc. – Demonstrate to the engineering profession the importance and spin-offs arising from professional

registration – Clear cooperation, collaboration and partnership with its stakeholder base locally and abroad

OVERVIEW(3)

Registered Persons

Professional

Engineer

Technologist

Certificated Engineer

Technician

Candidate

Engineer

Engineering Technologist Certificated

Engineer Engineering Technician

Specified Category

Lifting Inspectors

Lifting machinery Inspectors

Medical Equipment Maintainers

Fire Protection System Inspectors

OVERVIEW(4) • Professional registration is a cross-cutting global phenomenon across all professions

– Lawyers, Auditors, Doctors, Accountants, Architects, Home-builders, Nurses, Pharmacists, etc. all have statutory councils.

• ECSA a signatory to the International Engineering Alliance( International Educational Accords and Competency Agreements) where other global engineering councils are members/ signatories.

– Uniformity in educational and competency standards cross all member countries; – Mobility of Engineers from member countries

• Non-registered Engineers do not enjoy these international benefits • Registration with ECSA neither compulsory nor a pre-condition to practicing engineering. HOWEVER:

– It is only SA where professional registration is not compulsory. – This flies in the face of “the protection of the public and environment against unsound

engineering practices”: section 14 of the EPA. • Despite the non-mandatory registration regime, ECSA has almost 50 000 engineers registered in the

different engineering categories, who enjoy multiple benefits and advantages, namely: – International mobility and international recognition of their engineering qualifications ( e.g. USA,

the UK, China, Japan, Malaysia, Australia, New Zealand, etc.). – Prestige and professional pride- “Pr. Eng; Pr. Techno or Pr. Techni title – Public trust and confidence: engineering work overseen or undertaken by a registered engineer. – Growing preference for registered persons by engineering employers and institutions that

procure engineering work.

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Top end registered Professionals

Unregistered Engineers

10%

Targ

et o

f 52%

En

gine

ers Economically

active unregistered engineering practitioners

52%

38%

Qualified unemployed or practicing outside engineering scope

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Why?

OVERVIEW(5)

ECSA’S REPORT BACK TO YOU

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WHY ARE WE HERE TODAY(1) • 2015 Public consultation Roadshow- You requested ECSA to:

− Play a leading and active role in creating awareness on the importance of observance of ECSA’s code of conduct at the workplace(by Engineering Employers);

− Intervene and insulate registered persons from working environments that put them in an invidious position of taking decisions that amount to breach of the ECSA Code of Conduct;

– Take measures to address the absence of structured work-based training and mentoring programmes to provide adequate support and exposure to aspirant engineering professionals wishing to be ECSA-registered;

– Take active steps and develop strategies at reducing the number of engineers being lost in the engineering profession pipeline;

– Take measures to ensure accessibility, transparency, accountability and integrity in its registration processes;

– Reclaim its duty and responsibility that it has abdicated and ensure that CPD activities are accessible and affordable to registered persons;

– Take a central as opposed to a peripheral role in the administration of CPD;

– Improve its value proposition regarding the benefits of being professionally-registered.

– The IDoEW Question: Implications

– The Foreign Engineers Question- ECSA’s position in respect thereof.

WHY ARE WE HERE TODAY(2) • Nov 2014: Meeting attended by ECSA President, CEO, Executives and representatives of large VAs recognised

by ECSA – A key resolution arising from that meeting: The VA Recognition Framework must be reviewed and

amended to strengthen the ECSA-VA relationship. • THEREFORE: Four key reasons form the basis for the public consultation & roadshows:

1. Compliance with its legislative injunction : section 14(d) read with section 25( Review of VA Framework); section 13(k)( Review of CPD Framework)

2. Give report back: 2015 Roadshow and Meeting with VA Leaders 3. Give update on annual reviews based on good institutional governance and administration

• Administration : Review of the APP and Operational Plan; Review of Internal Policies and Procedures(e.g. CPD Policy, Code of Conduct, Method of Inquiry, CPD policy framework: (Board Notice 16 of 2014); Possible review of the Engineering Professions Act

• Committees: Reconstitution of Committee structures; Review of Peer Review processes • Voluntary Associations: Review of the 2013 VA Framework(Board Notice 255 of 2013)

4. Implement Strat Plan and APP: SO 1.3: “Growth and retention of registered engineering practitioners”- The promotion of the

profession; The strengthening of relationships with recognised Voluntary Associations’; Engaging with employers of Engineering Practitioners to promote the benefits of ECSA.

SO 1.5: Practitioners successfully renew their registration through fair, credible, transparent and accessible processes- “Proactive registration renewal system and process workflows- CPD”

SO 2.2: “Protection of the health , safety and interest of the public through effective regulation of the Profession”- Collaboration with the employer bodies and voluntary associations to uphold the code of conduct and create a conducive working environment

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REPORT BACK-THE IDoEW CONUNDRUM • The Competition Commission threw out ECSA’s application to have the IDoEW Regs passed as law. • Had the IDoEW Regs passed the Competition Commission scrutiny, only registered persons would have been allowed by

law to practice defined engineering work( as defined). • 7 Grounds by Comp Comm for rejecting the ECSA IDoEW Regs:

1. Restriction of competition between registered and unregistered persons irrespective of academic qualifications, practical experience and skills acquired by the unregistered persons

2. Restriction of competition between persons registered in different professional councils within the CBE- that persons registered with other professional councils who wish to compete with each other, they will only do based on MoUs between the councils was not acceptable to the Comp Comm.

3. Restriction of competition between persons registered with the CBE and persons registered with other professional councils outside the built environment- persons outside the built environment but competent to undertake work reserved for persons within the CBE will be prohibited from undertaking such work.

4. Restriction of competition between persons registered with the CBE but in different registration categories even if they are competent to undertake that work.

5. The restrictions imposed by the IDoEW Rules will reduce the number of persons operating in the relevant market, which is likely to increase the selling price and reduce the quantity of the services supplied in the market.

6. There are existing regulations or legislations in the sector that cater for public health, safety and financial risks associated with engineering work which should be sufficient to, if used effectively, protect consumers of engineering services from any wrongdoing or underperformance by engineering professionals.

7. The proposed IDoEW Rules are not in line with international best practice • ECSA intends appealing against the Competition Commission ruling • Going forward, a concerted, unified and collaborative effort by all Engineering community CAN result in increased

professional registration and the use ONLY of registered persons in engineering practice: Conclusion of multiple Accords between ECSA and VAs, Employers of Engineers, Universities, Institutions that procure engineering services.

REPORT BACK-FOREIGN ENGINEERS

• In the aftermath of the Cuban Engineers saga in June 2015 ECSA issued a press statement, which stated as follows: – ECSA’s mandate does not extend to issues around who and where Engineers get employed. – ECSA’s relevance and interest is the registration of Engineers(determined by the scope of engineering work

they have been contracted/ employed to undertake). – Any Engineer required to take responsibility for the engineering work, and sign it off as complete, is required

to be registered with ECSA – ECSA registration is structured into two segments: the evaluation and recognition of educational standards;

and the assessment of that individual’s competence. – Recognition and evaluation of qualifications is a standard procedure, regardless of their nationality, and is

measured according to the educational standards set in the Washington, Sydney and Dublin Accords – Automatic recognition of any engineering qualification obtained from any signatory countries(of which South

Africa is a signatory to all three) – Applicants with qualifications obtained in non-signatory countries (such as Cuba, France, Germany, Zimbabwe)

will go through a qualification evaluation process – Any applicant for registration: whether local or foreign: is required to demonstrate experience in their chosen

discipline ( minimum of 3 years, under the supervision and mentorship of a registered engineering professional (peer review exercise)

– The country of origin of the applicant is IRRELEVANT: competency and substantially equivalent qualifications is the determinant.

• Departments of Public Works and Home Affairs continue to work very closely with ECSA on the Foreign Engineers question.

• Through the Accords Framework there is to be increased cooperation between ECSA and Importers of Engineers.

REPORT-BACK – 2015 ROADSHOW

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NO ITEM REPORT BACK

1. Observance of Code of Conduct by Engineering Employers

Developed an Accord Framework as a basis for conclusion of multiple Accords with the different Engineering role-players and stakeholders(including Engineering Employers)

2. Absence of work-based structured training and exposure for aspirant engineering professionals

Developed an Accord Framework as a basis for conclusion of multiple Accords with the different Engineering role-players and stakeholders(including Engineering Employers)

The Accord Framework supplements the already-existing(but often ineffective) C&U Agreements

3. Stem the loss of engineers from the engineering profession pipeline

Developed an Accord Framework as a basis for conclusion of multiple Accords with the different Engineering role-players and stakeholders(including Engineering Employers)

This is to include Universities, Engineering Employers(including three spheres of Govt), Institutions that procure engineering services, Funding Institutions.

4. Transparency, accountability and integrity in its registration processes

Recording of Interviews Review of the VA Recognition Framework Holding of Interviews at the centres closer to where the

applicants live Train and increase reviewers and assessor pool Review of internal registration policies(e.g. candidate

registration processes, etc.)

5. Take a central as opposed to a peripheral role in the administration of CPD

Total revamp of the CPD Policy Framework; Upgrade of the ECSA Online CPD system

STATUS UPDATE- CONSULTATION ROADMAP PRE-CONSULTATION & CONSULTATION STAGE ACTIVITIES

• Extensive research and comparative benchmarking with other statutory councils on the revised VA Recognition Frameworks and CPD Policy Frameworks: Jan-May 2016

• Research and Development: Role and influence of the Engineering Profession in SA- March-April 2016 • Revamp and upgrading of the ECSA CPD online system : January 2016 to date • Circulation of Revised Draft VA Recognition Framework to all ECSA-recognised VAs: April 2016 • Development of the ECSA-stakeholder Accord Framework and Draft Accords Templates- May 2016 • Initial Consultative work on revised VA Recognition Framework:

– VA Committee and President's Forum(VA Representatives): 11 and 20 April 2016 • Publicity and Media Adverts: the public consultation process and the Roadshows- 26 June 2016 • Nation-wide public consultation Roadshows- July-August 2016 • Gazetting of the two revised Policy Frameworks: CPD and VA Recognition: June 2016 • 60-day period within which to submit written comments to ECSA- End August • Ongoing stakeholder consultation- until end August 2016?

POST-CONSULTATION STAGE ACTIVITIES • Incorporation of public Comments and Finalisation of Final Draft for publication– Ongoing until end

August 2016 • Council and CBE(VA Recognition Framework) Approval: August 2016 • Publication of Board Notices(both Frameworks): September 2016

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INTRODUCTION OF THE FRAMEWORKS • Three Policy Frameworks are the subject-matter of the public consultation, namely:

– The Revised VA Recognition Framework – The Revised Continuing Professional Development Framework; and – The Draft Accord Framework

• The presentation will focus on the following: – Objective of the revisions; – Key Changes or Revisions; – Implications of the proposed changes:

• ECSA • VAs • Registered Persons

• Questions of clarity and comments on the presentations should please be reserved to the end of the presentation.

• A copy of the Draft Frameworks & this presentation may be accessed through www.ecsa.co.za

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VOLUNTARY ASSOCIATIONS DRAFT RECOGNITION FRAMEWORK

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BRIEF OVERVIEW- VA RECOGNITION FRAMEWORK

• Nov 2014: Meeting attended by ECSA President, CEO, Executives and representatives of large VAs – A key resolution arising from that meeting: The VA Recognition Framework must be reviewed & amended.

• A comprehensive gap analysis undertaken reveal the following: Current Framework thin/limited in the following respects: – Alignment between ECSA strategic objectives(SOs), Policies and Corporate Values with those of recognised VAs(related to

the execution of the ECSA Mandate) – VA Obligations, Accountability and Reporting(in so far as it undertakes the ECSA Mandate)

• Objectives of Revision of VA Recognition Framework: – Update and align to the current ECSA strategy, vision and APP; – Balancing of authority, roles and responsibilities: ECSA & VAs – Refine, strengthen and crystallise pre-and post-recognition roles and responsibilities by VAs and ECSA; – Empower Council to, at pre-determined intervals, audit, monitor and where necessary, enforce compliance; and – Assist Council in the measurement of the VAs performance output (in executing ECSA mandate and in giving effect to

ECSA’s SOs). • Rule 11 of the current VA Framework(Board Notice 255 of 2013) enjoins Council to, should it decide to review the VA

Framework: – Inform all the VAs of that decision and provide them with the proposed amendments; – Call for comments on the amendments from the VAs; and – Prescribe such amendments i.t.o section 36 of the Act

• Current VA benefits arising from Recognition – Membership in ECSA Council and Committees; – Delegation of some ECSA registration functions( at a fee); – Partial Fee Exemption; – CPD Validation/ Accreditation ( ECSA); and – Duty by ECSA to consult with VAs on certain matters.

KEY PROPOSED CHANGES • Categories of VAs reduced from 3 to 2:

– Category A is VAs the membership of which is made of natural persons. – Category B will be VAs the membership of which is made of juristic persons.

• Higher threshold of registered persons in VA membership and governing bodies: – Reason:

ECSA is in the business of registering engineering professionals and increasing registration numbers of Engineers.

• VAs; Registered Professionals and CPD: – Strict compliance with CPD across all registered persons (especially those that do work on ECSA’s behalf

such as VAs and ECSA Committees) • ECSA-VA Accord:

– Every VA that is recognised by ECSA shall sign an Accord with ECSA – No Accord, no recognition.

• ECSA Obligations towards VAs crystallised • Partial Fee Exemption towards VA members

– Partial exemption from paying full fees no longer automatic, but will be on application by the VA – The rule also introduces a sliding scale of reductions/ discounts, and linked to the number of registered

person in VA books • VA Obligations towards ECSA( arising from the recognition) clarified.

– ECSA has not been able to, through the current VA Framework 2013, assert itself or leverage its authority and accountability from VAs that carry out some of its function.

• Introduction of Pre-and post-recognition audits/ inspections VA Audits and Inspections: – Audit/Inspection Manual

REVISED CPD POLICY FRAMEWORK

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WHY REVIEW OF CPD POLICY FRAMEWORK • ECSA stands accused of being at the periphery as opposed to being central to CPD admin:

– CPD activities are expensive and unaffordable – Quality of CPD offerings is not quality-assured by ECSA – CPD activities are inaccessible to most rural-based engineers

• Objective of review: – To be responsive to stakeholder expectations and feedback on the state of the ECSA CPD regime/

system – A need to update the framework and align it to the current ECSA legislative injunction, strategy,

vision and APP(it was last updated in 2014) – To reposition ECSA as a central and key role-player in the administration of CPD – To refine, strengthen and crystallise ECSA’s CPD administration and management – To introduce clear role-delineation between ECSA and n and the recognised voluntary associations

on the admin of CPD • Going forward:

– Continuing Professional Development is going to be subjected to more rigorous and stricter oversight by ECSA

– CPD service providers are to be subject to more rigorous course content accreditation by ECSA; and – ECSA to take steps to ensure that CPD courses and related interventions are to become more

accessible and affordable to registered persons

IMPORTANCE OF CPD

• Code of Conduct: Registered persons must practice strictly within their area of competence and to maintain and enhance this competence

• Registered persons have the responsibility to keep abreast of the developments and knowledge in their areas of expertise in order to maintain their competence.

• The competencies needed to function effectively as a professional engineer (in all engineering categories) change and expand at a rapid rate.

• Professional engineers face increased expectations to display professional knowledge and skills in this ever-changing environment.

• Whilst the foundation and basis of professional registration with The Council is the technical competency of the registered persons, it is equally important for registered persons to develop and maintain their technical and non-technical competencies.

• Registered persons are expected to ensure that, in their conformance to The Council’s CPD requirements, the CPD activities undertaken by them must be relevant and must contribute to the development and maintenance of specific professional competence required by the registered persons’ current and possible future roles

• The discretion provided for in the Act for the Council to “determine, after consultation with the voluntary associations and registered persons, conditions relating to and the nature and extent of continuing education and training” triggered the Council decision to use CPD as a mechanism to determine renewal of registration.

• Council is to monitor and enforce compliance by registered persons with the CPD requirements • Council is also intent on ensuring that CPD activities are, objectively viewed and assessed, accessible and

affordable to registered persons. • It is the Council’s duty to ensure that the content of the engineering activities that the members use for CPD

requirements, is of a sufficiently high standard.

CONTENTS OF THE REVISED CPD POLICY FRAMEWORK(1) • Application:

– Registered persons(all categories) – VAs(to an extent that they play a role) – Engineers practicing abroad except:

Those that are registered with other engineering statutory councils that are either signatories to the International Engineering Alliance Accords and Agreements; or who are registered with statutory or related professional bodies with which the Council has concluded reciprocity agreements or Memoranda of Understanding (MoU)

A registered person may opt opt to comply either with the Council’s CPD policy requirements, or that of the other statutory council.

If they do opt for the other statutory council: then such compliance will be deemed to be compliance with the Council CPD policy requirements for the year in question. There won’t be a need to also comply with the Council’s CPD requirements for that year

• Rule 5 deals with the objectives and benefits of the CPD system and policy • Rule 6 :

– The accreditation or service provider validation reverts to Council. – CPD course content and/CPD provider validation remains a peer exercise: the relevant

ECSA Committees will continue to undertake this role. – VAs shall continue to provide the CPD courses/activities. – Changes to take effect on “effective date”.

CONTENTS OF THE REVISED CPD POLICY FRAMEWORK(2))) • Rule 7- Exemptions:

– No exemption is automatic • The following classes may qualify for exemption(on application):

– Registered persons that have reached the age of seventy (70) years and no longer practice engineering

– Registered persons that hold non-engineering management roles in their respective areas of employment.

– Registered persons that have retired completely and no longer carries out any activities associated with the designation of a Professional Engineer in all the categories prescribed by the Act.

– Registered persons that have retired completely and no longer carries out any activities associated with the designation of a Professional Engineer in all the categories prescribed by the Act.

– Registered persons that take extended leave from engineering work for whatever reason; – Registered persons that take extended breaks due to unemployment, illness or incapacitation.

• Formal application by a registered person to ECSA, accompanied by supporting documentation as well as a sworn statement/affidavit outlining the circumstances and reasons for their application.

• Exemption from the CPD policy in terms of Rule 8 does not affect the registration status of a registered person being exempted

• The following grounds shall not be deemed adequate by the Council for partial or full exemption of the application of the CPD policy:

– Partial retirement by any registered person; – Registered persons undertaking engineering work on a part-time basis; and – Practicing engineering abroad/ outside South Africa.

CONTENTS OF THE REVISED CPD POLICY FRAMEWORK(3)))

• Rule 8- CPD Cycle and measurement – 5-year cycle remains unchanged – During each cycle of 5 years every registered person must accumulate a minimum of 25

credits in order to qualify for renewal of his/her registration. – On an annual basis random audits will be conducted to ensure that registered persons do

• Rule 10: Auditing of CPD compliance • Rule 14:

– The Council shall be the sole validating and monitoring body in respect of Category 1 CPD activities offered by providers

– VAs vested with the authority to give CPD training(input-based option) • Rule 16: Amendment of the Rules • Rule 17: Transitional provisions: Test-

- Twelve months grace period to comply with the new rules from effective date

ACCORDS

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REASONS BEHIND THE ACCORD FRAMEWORK • The Accord is a direct response by ECSA to stakeholder concerns and expectations in ECSA • Objectives:

– To create value for Employers of Engineers, Universities, Institutions that procure engineering services, VAs by promoting ECDA registration in those institutions;

– To re-position ECSA at the epicentre of engineering profession and discourse in in South Africa; − To play a leading and active role in creating awareness on the importance of observance of ECSA’s code of conduct

at the workplace(by Engineering Employers); − To intervene and insulate registered persons from working environments that put them in an invidious position of

taking decisions that amount to breach of the ECSA Code of Conduct;

– To take measures to address the absence of structured work-based training and mentoring programmes to provide adequate support and exposure to aspirant engineering professionals wishing to be ECSA-registered;

– To take active steps and develop strategies at reducing the number of engineers being lost in the engineering profession pipeline; and

– To improve its value proposition regarding the benefits of being professionally-registered. • ECSA’s conversation with Engineering stakeholders is to become more structured and frequent. • Through the Accord Framework, ECSA is intent on achieving the following:

– Commit Employers of Engineering professionals to have their Employees registered with ECSA and be CPD-compliant;

– Commit Employers of Engineering professionals to establish work-based training programmes geared at preparing their employees for professional registration

– Commit institutions that procure engineering services to give first preference to registered engineers – Create awareness and obtain commitment from the Employers and Institutions that procure Engineering services

not to subject registered persons to decision-making that could be in breach of the ECSA Code of Conduct; – Track engineering graduates from final year and into post-graduation candidacy phase; – Raise funds for projects aimed at promoting the engineering profession.

TYPES OF ACCORDS There are 5 Types of Accords ECSA is to conclude with different stakeholders, namely:

VA Accord

Engineering Employers Accord

Accord with Institutions that procure Engineering Services

Universities Accord

Research & Development Accord

TYPES OF ACCORDS

• VA Accord: – ECSA and VAs to commit to give full effect to the VA Recognition Framework and any other

Framework that embody roles and responsibilities between ECA and the VAs – No Accord, No Recognition

• An Accord with employers of engineering practitioners: – Commitment from employers of engineering practitioners that registered persons will not be

subjected to any work-related decision-making or work environment that may expose them to the possible or actual breach of ECSA’s code of conduct.

– All employees not registered with ECSA will apply for registration as candidate engineers – ECSA and the employers shall commit to jointly develop work-based training and mentorship

programmes – Deploy/ second employees at work environments where their training and development can be

achieved. – Obtain a commitment from the Employers to have registered engineering employees to participate in

ECSA committees • An Accord with institutions that procure engineering services:

– Companies employing or using local and registered engineering practitioners should be given preference in awarding engineering-related contracts/projects;

– Any suspected activities by the entities that are awarded engineering contracts that point to a possible breach of the code of conduct, will be reported to ECSA

– Cooperate with ECSA during professional conduct investigations – Commit to encourage the engineering students that they fund, to register with ECSA post-graduation

TYPES OF ACCORDS • An Accord with institutions of higher learning are accredited by ECSA:

– Promote and encourage registration with ECSA amongst its engineering academic staff as well as engineering students post-graduation

– Provide ECSA with all final year engineering students details at the beginning and end of the academic year

• Research and Development Accord – Research and development; – Capacity-building – Training and Development programmes including candidacy and pre-registration exposure,

training and mentoring; – Awareness and promotional programmes; – Funding for Engineering students from previously-disadvantaged backgrounds; – Funding for registration application and annual registration of candidate engineers from

previously-disadvantaged backgrounds; – Entrepreneurial support for emerging small-to-medium size engineering firms/ enterprises

especially on job-creation; pre-registration programmes, etc.

INCENTIVE TO CONCLUDING ACCORDS • Public Endorsement by ECSA • Partial Fee Exemption upon registration

Questions?

Thank you! For more information, e-mail thabos@ecsa.co.za

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