(2025-01-22)
What is the process for identifying engineering work?
Two acts, the Engineering Profession Act (EPA) and the Council for the Built Environment (CBE) together define a process that is not without difficulty. ECSA must first define identified engineering work for all categories of registration and submit it to the CBE.
Secondly, once the CBE has received the submissions from all six built environment councils, it must formulate its identification of work policy.
The CBE is the required to consult with the councils and with the Competition Commission. This step is not intended to seek permission from the Competition Commission; rather just consultation — presumably to ensure that the CBE’s mind is applied to competition issues?
The final step is for the CBE to identify engineering work: this is the actual decision on engineering work that is identified. Finally, the Minister of Public Works must publish identified engineering work as a Regulation.
Why is Identification of Engineering Work Necessary?
The EPA prohibits persons who are not registered from performing identified engineering work. The reason for this measure is to protect the public by preventing persons who do not have the necessary competence and are not accountable from doing work that has safety, health and environmental risks. It is important to note that this measure is designed to deal with unregistered people in a judicial process.
This public protection measure is distinct from those that apply to registered persons. They must follow the Code of Conduct and, in particular, not undertake work for which they are not competent by virtue of their education training and experience. A mechanism is available to the public to lodge complaints about the conduct of anyone registered with ECSA. All complaints are investigated and if there is a case to answer a tribunal is held. A registered person who is found guilty is then subject to penalties which include being struck off the register.