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REGULATION of the PROFESSIONS in the BUILT ENVIRONMENT

REGULATION of the PROFESSIONS in the BUILT ENVIRONMENT. CONTENTS. POLITICAL WILL to PROTECT the PUBLIC THE LEGISLATORY BACKDROP THE PROFESSIONS in the BUILT ENVIRONMENT HOW are PROFESSIONS REGULATED. REGULATION BUILT ENVIRONMENT PROFESSIONS. of the.

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REGULATION of the PROFESSIONS in the BUILT ENVIRONMENT

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  1. REGULATION of the PROFESSIONS in the BUILT ENVIRONMENT

  2. CONTENTS • POLITICAL WILL to PROTECT the PUBLIC • THE LEGISLATORY BACKDROP • THE PROFESSIONS in the BUILT ENVIRONMENT • HOW are PROFESSIONS REGULATED

  3. REGULATION BUILT ENVIRONMENT PROFESSIONS of the GOVERNMENT DEMONSTRATED POLITICAL WILL to PROTECT the PUBLIC INTEREST (HEALTH, SAFETY and ENVIRONMENT) by REGULATING the PROFESSIONS in the BUILT ENVIRONMENT

  4. HOW are PROFESSIONS REGULATED • PROHIBITS UNREGISTERD PERSONS from PERFORMING IDENTIFIED WORK PECULIAR to the BUILT ENVIRONMENT • identified work is reservedfor • REGISTERED PERSONS • who • ARE ACCOUNTABLE for THEIR ACTIONS • in a manner • CONSISTENT with GOVERNMENT’S COMPETITION POLICY • which • POLICY PROTECTS the HEALTH & SAFETY of the PUBLIC • and the ENVIRONMENT • and provides • RECOURSE IN RELATION TO PROFESSIONAL CONDUCT

  5. REGULATION of the ENGINEERING PROFESSION • through the • ESTABLISHMENT of the ECSA • IDENTIFICATION of ENGINEERING WORK • REGISTRATION of ENGINEERING PRACTITIONERS • CONTINUING PROFESSIONAL DEVELOPMENT (CPD) • RECOURSE in relation to PROFESSIONAL CONDUCT

  6. COUNCIL FOR THE BUILT ENVIRONMENT ACT (ACT NO 43/2000) Section 20: IDENTIFICATION OF WORK “20. (1) The Council must, after receipt of the recommendations of the councils for the professions submitted to it in terms of the professions’ Acts, and before liaising with the Competition Commission in terms of section 4(q)- (a) determine policy with regard to the identification of work for the different categories of registered persons; (c) consult with any person, body or industry that may be affected by the identification of work in terms of this section. (2) The council, must after consultation with the Competition Commission, and in consultation with the councils for the professions, identify the scope of work for every category of registered persons.”

  7. THE ENGINEERING PROFESSION ACT (EPA-2)(ACT No 46/2000) Section 26: IDENTIFICATION OF WORK “Identification of work 26. (1) The council must consult with- (a) all voluntary associations; (b) any person; (c) any body; or (d) any industry, that may be affected by any laws regulating the built environment professions regarding the identification of the type of engineering work which may be performed by persons registered in any of the categories referred to in section 18, including work which may fall within the scope of any other profession regulated by the professions’ Acts referred to in the Council for the Built Environment Act, 2000 (Act No 43/2000). (2) After the process of consultation the council must submit recommendations to the CBE regarding the work identified in terms of subsection (1), for its consideration and identification in terms of section 20 of the Council for the Built Environment Act, 2000. (3) A person who is not registered in terms of this Act, may not- (a) perform any kind of work identified for any category of registered persons; (b) pretend to be, or in any manner hold or allow himself or herself to be held out as a person registered in terms of this Act; (c) use the name of any registered person or any name or title referred to in section 18 or 21; or (d) perform any act indicating, or calculated to lead persons to believe, that he or she is registered in terms of this Act.

  8. IDENTIFICATION of ENGINEERING WORK www.ecsa.co.za

  9. ECSA'S APPROACH to IDoEW • STEERING COMMITTEE • BASELINE DOCUMENT • FRAMEWORK DOCUMENT • BASED on COMPETENCY • CONSULT WIDELY • DEVELOP REGULATIONS

  10. PROHIBITIONS • SECTION 18(2) & (3) • PROHIBITS UNREGISTERED PERSONS • PERMITS CONSULTING • 2. SECTION 26(3) • 3. SECTION 26(4) (EXEMPTION)

  11. WHAT constitutes "IDENTIFIED ENGINEERING WORK" • FALLS WITHIN the SCOPE of LISTED TYPES of WORK • and • INVOLVES in its EXECUTION ONE or MORE IDENTIFIED CHARACTERISTICS • and • REQUIRES for its PERFORMANCE any of the IDENTIFIED FUNCTIONS • and • REQUIRES for its PERFORMANCE MINIMUM • LEVELS of COMPETENCE

  12. TYPES OF ENGINEERING WORKS • TRANSPORTATION SYSTEMS • CIVIL WORKS • STRUCTURAL WORKS • MECHANICAL SYSTEMS • HARNESSING ENERGY • ELECTRICAL POWER SYSTEMS • ELECTRONIC SYSTEMS

  13. TYPES OF ENGINEERING WORKS • PROCESS SYSTEMS • MINING OPERATIONS • TREATMENT of SUBSTANCES • BUILDING SERVICES • LIGHTNING PROTECTION MEASURES • EDUCATION • MENTORING

  14. CHARACTERISTICS OF ENGINEERING WORK • INVESTIGATING and SOLVING PROBLEMS and DESIGN SOLUTIONS • APPLICATION of BASIC KNOWLEDGE • MANAGEMENT of ENGINEERING WORKS • ADDRESSING IMPACTS • JUDGEMENT and RESPONSIBILITY

  15. FUNCTIONS 1 • ONE or MORE of FOLLOWING FUNCTIONS: • DESIGN of MATERIALS, ETC • PLANNING of CAPACITY and LOCATION • INVESTIGATING etc. of ENG PROBLEMS • IMPROVEMENT and OPTIMISATION • MANAGEMENT of, and PROCUREMENT for the IMPLEMENTATION of ENG PROJECTS

  16. FUNCTIONS 2 • IMPLEMENTATION of DESIGN, SOLUTION • APPLICATION of the RESULTS of RESEARCH, DEVELOPMENT etc. • MANAGEMENT of RISKS • EFFECTIVE COMMUNICATIONS • EDUCATION, TRAINING, MENTORING

  17. MINIMUM COMPETENCIES 1 • a) ENGINEERING PROBLEMS • DEFINE, INVESTIGATE and ANALYSE • PROBLEMS that are: • DISCRETE • CONCRETE • ROUTINE • CLEAR DEFINITIONS • FEW CONFLICTS • STANDARDISED SOLUTIONS • SUBJECT to AUTHORISATIONS

  18. MINIMUM COMPETENCIES 2 • b) ENGINEERING SOLUTIONS • NATURE of SOLUTIONS • INVOLVE a LIMITED RANGE of INTERESTED PARTIES • INVOLVE a LIMITED NUMBER of AFFECTED PARTIES • CONSEQUENCES are LOCALLY IMPORTANT • CONSEQUENCES are NOT FAR REACHING

  19. MINIMUM COMPETENCIES 3 • C) MUST be COMPETENT to: • COMPREHEND and APPLY KNOWLEDGE • MANAGE PART of an ENG ACTIVITY • COMMUNICATE CLEARLY to OTHERS • RECOGNISE SOCIAL, etc. EFFECTS • MEET LEGAL and REGULATORY REQ • PROTECT SHE • ACT ETHICALLY • EXERCISE JUDGEMENT and TAKE RESPONSIBILITY

  20. THE ENGINEERING PROFESSIONS ACT (EPA-2)(ACT No 46/2000) Section 18: CATEGORIES OF REGISTRATION 18. (1) The categories in which a person may register in the engineering profession are- (a) professional, which is divided into- (i) Professional Engineer; (ii) Professional Engineering Technologist; (iii) Professional Certificated Engineer; or (iv) Professional Engineering Technician; or (b) Candidate, which is divided into- (i) Candidate Engineer; (ii) Candidate Engineering Technologist; (iii) Candidate Certificated Engineer; or (iv) Candidate Engineering Technician; or (c) specified categories prescribed by the council”

  21. DISTINGUISHING BETWEEN CATEGORIES • ENGINEER – ACTIVITIES and PROBLEM SOLVING are DESCRIBED as COMPLEX • ENGINEERING TECHNOLOGIST - ACTIVITIES and PROBLEM SOLVING are DESCRIBED as BROADLY DEFINED • CERTIFICATED ENGINEER - ACTIVITIES and PROBLEM SOLVING are DESCRIBED as BROADLY DEFINED with SOME SPECIFIC LEGAL ASPECTS. • ENGINEERING TECHNICIAN - ACTIVITIES and PROBLEM SOLVING are DESCRIBED as WELL DEFINED

  22. EXEMPTIONS • ARTISANS and OTHER SEMI-SKILLED WORKERS • PERSONS REGISTERED with OTHER BUILT ENVIRONMENT PROFESSIONS - LIMITED

  23. TRANSITION • ANY PERSON WHO is NOT REGISTERED and WISHES to PERFORM IDENTIFIED ENGINEERING WORK MUST REGISTER in one of the PROFESSIONAL CATEGORIES within 12 MONTHS of the DATE the REGULATIONS COMMENCE • PERSONS WHO HOLD a STATUATORY APPOINTMENT for WHICH a GCoC is REQUIRED or WHO HOLDS a GCoC and WISH to PERFORM IDENTIFIED ENGINEERING WORK MUST REGISTER as a PR CERT ENGINEER WITHIN 24 MONTHS

  24. PRESENTATION TO COUNCILS OF MMMA AND SACPS FREQUENTLY ASKED QUESTIONS AND ANSWERSMETALLURGICAL PRACTITIONERS The following preliminary list of FAQs will be used to identify the significant issues in the Metallurgical/Chemical/Materials Engineering, Mineral Beneficiation and Metallurgy practice area: (a) WHY is all this (regulation of the engineering profession) necessary? (b) HOW does a qualified Metallurgical/Chemical/Materials Engineer, Engineering Technologist or Engineering Technician become a competent ME/MBM/M practitioner? (c) HOW does a qualified Metallurgist (Scientist) who substantially practises Identified Engineering Work (IEW) become registered with the ECSA? (d) HOW do I progress thorough the ranks if I do NOT have a recognised/accredited qualification(-s)? (e) HOW do Metallurgical Managers without the recognised technical qualification become registered with the ECSA? (f) HOW does ECSA’s Stage 1/Stage 2 professional development process work? (g) WHAT is the position of ME/MB/M practitioners at Level 5 on the 10-Level NQF as it pertains to the imminent regulation of the Engineering Profession? (h) WHAT is the connection between the Competent Person Paradigm and the imminent regulation of the Engineering Profession? (i) HOW will the Regulation of the Engineering Profession work? (j) WHAT is the difference(-s) between Engineering Work and the Identified Engineering Work?

  25. PRESENTATION TO COUNCILS OF MMMA AND SACPS CONCLUSIONS • The regulation of the engineering profession applies to the SA Mining and Minerals Sector and consequently to the Metallurgical Practice Area • Some Metallurgical Practitioners perform Scientific Work • Some Metallurgical Practitioners perform Engineering Work • Some Metallurgical Practitioners perform Identified Engineering Work (IEW) • Those Metallurgical Practitioners substantially practising IEW must be registered in the appropriate category with ECSA • Some Metallurgical Practitioners who perform IEW are not eligible to register with ECSA, e.g. Scientists (BSc Metallurgy/Chemistry) • Metallurgical Practitioners who have an accredited first relevant qualification in engineering are eligible to be registered with ECSA e.g. BEng (Metallurgical, Chemical, Materials Engineering disciplines) BTech (Metallurgical, Chemical, Materials Engineering disciplines) NDip (Metallurgical, Chemical, Materials Engineering disciplines) • Some Eengineering practitioners are inappropriately used in the SAM&MS • Organisational Design is misaligned with the imminent Regulation of the Engineering Profession

  26. PRESENTATION TO COUNCILS OF MMMA AND SACPS WAY FORWARD • Organisational Design for the Metallurgical Practice Area need to be aligned with the imminent Regulation of the Engineering Profession (IDoEW Impact Assessment) • Metallurgical practitioners to be categorized: • Persons performing Scientific Work • Persons performing Engineering Work (as defined) • Persons substantially practising IEW • Metallurgical Practitioners who are in possession of a relevant, accredited first engineering qualification, should be motivated to apply for registration. • Metallurgical Practitioners who are not eligible to register in appropriate category: • Apply for registration based on current qualifications and experience/proof that IEW is performed • To obtain appropriate accredited, relevant basic engineering qualification • To supplement current qualifications so as to comply with 10x ELOs at the appropriate level • Operate under the Partial Exemption Clause

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