Regulation of Engineering Professions and Registration of Engineers1.0 IntroductionThis paper looks at the various challenges facing engineering profession and gives suggested strategies and solutions to the challenges to sustain her Engineering professionals, train and retain more Engineers, Engineering Technologists, Engineering Technicians and Craft persons/Artisans with International recognition. The paper further analyses some of the problems with the current EBK Act of 2011. Kenya is desirous of becoming a medium income economy as envisaged in vision 2030. This is through industrialization, amongst other strategies stipulated in vision 2030. In order for industrialization to be realized, the country should train adequate numbers of engineers and corresponding Engineering Technologists, Technicians and Craft persons/Artisans in defined proportions and at the same time offering sustainable incentives to the practitioners to retain them in the country not to migrate to other professions or countries. In order for Kenya to make a breakthrough in industrialisation and technological development it must ensure that it has a critical mass of well trained and qualified Scientists, Engineers, Engineering Technologists, Engineering Technicians and craft persons/artisans who comprise the Engineering Team. Kenya critically requires four cadres of staff namely an engineer, an engineering technologist, an engineering technician and a craft person/ artisan and the engineering scientist (i.e. one who is either an engineer or an engineering technologist who has attained a PhD degree). For developed countries the recommended ratio for the four categories of professionals is 1:2:4:16, however, in Kenya the ratio of 1:3:12:60 would suffice.

2.0 The Engineering Team.2.1 An Engineer

a) Attributes of an EngineerEngineers apply their lifelong learning, critical perception and engineering judgment to the performance of engineering services. They challenge current thinking and conceptualize alternative approaches, often engaging in research and development of new engineering principles, technologies and materials. Engineers apply their analytical skills and well developed grasp of scientific principles and engineering theory to design original and novel solutions to complex problems. Their disciplined and systematic approach to innovation and creativity, comprehension of risks and benefits and informed professional judgment enables them to select optimal solutions, justify and defend the selection to colleagues, clients and community.

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b) Registered Professional Engineer can be expected to comprehend complexity, function independently and display leadership within multi-disciplinary and cross-cultural teams. Within their engineering discipline, they will optimize costs and benefits to clients and community within identified constraints, while achieving desired outcomes ethically, and within the context of a safe and sustainable environment. They accept ultimate responsibility for the selection and application of design tools, implementation strategies and overall integration and functionality of engineering projects and programs 2.2 An Engineering Technologista) Attributes of an Engineering TechnologistEngineering Technologists exercise ingenuity, originality and understanding in adapting and applying technologies, developing related new technologies or applying scientific knowledge within their specialized technical environment. Their education, expertise and analytical skills equip them with a robust understanding of the theoretical and practical application of engineering and technical principles. Within their branch of technology, they contribute to the improvement of standards and codes of practice, and the adaptation of established technologies to new situations.

b) Registered Engineering Technologists can be expected to determine interactions between a technology and the system, in which it operates, recognize and take account of its suitability and manage associated technical risks. Technologists accept responsibility for the detailed technological requirements of their engineering services with due regard to the fundamental properties and limitations of components and systems involved. They may lead and manage teams (e.g. engineering technicians) engaged in inspection, approval and certification of designs, tests, installations and reliable operations. They identify problematic circumstances, take remedial action and keep colleagues, clients and community informed, while ensuring performance-based criteria are satisfied within a safe and sustainable environment.2.3 An Engineering Techniciana) Attributes of an Engineering TechnicianEngineering Technicians apply their detailed knowledge of standards and codes of practice to selecting, specifying, and installing, commissioning, monitoring, maintaining, repairing and modifying complex assets, such as structures, plant, equipment, components and systems. Their education, training and experience equip them with the necessary theoretical knowledge and analytical skills for testing, fault diagnosis and understanding the limitations of complex assets in familiar and well defined operating situations.b) Registered Engineering Technician can be expected to exercise engineering judgment within the scope of accepted standards and codes of practice to the design, inspection, certification, safe operation and cost-effectiveness of complex assets. They may supervise tradesperson/crafts persons, lead and manage teams and utilize

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advanced software and design aids to achieve practical and reliable designs, installations and operations of complex assets.

3.0 Education and Training of the Engineer and Technologist

Previously there used to be a big difference between a technologist and engineer in terms of their education when technologist used to hold a 3 year course qualification of Higher National Diploma. But with the replacement of Higher Diploma with a 4 year course leading to Bachelor of Technology, the difference between a technologist and engineer in terms of education and training is extremely minimal and actually they both have same roles in practice.

In general the engineer is supposed to take the scientist research findings – theories and principles- then conceptualize them with the aim of coming up with new designs, new materials and systems to serve society better (this is normally referred to as Industrial Research as opposed to Basic or Theoretical Research that is carried out by Engineering Scientists). This means that the Engineer’s work is mainly in the office and in the labs to test the new designs/materials/systems developed then pass over to Engineering Technology personnel for implementation. In this way the country can be able to develop.

On the other hand the technologist is supposed to implement and/or put in practice what the engineer has developed from the scientist research findings. Besides, the technologist has the role of interpreting and modifying designs, systems and materials developed by the engineer to suit the conditions on the ground. This means that the Engineering Technologists work is in the field where he/she undertakes the implementation activities.

The expected difference in education and training between the Engineer and Technologist

Subject Material Expected % for Engineer

Expected % for Technologist

Mathematics If 100% 70 – 80%

Engineering Sciences If 100% 70 – 80%

Management courses 70 -80% If 100%

Practical courses e.g. Computer courses, Lab. and Workshop Courses, etc.

70 -80% If 100%

Other Courses If 100% 100% i.e. same

The engineer requires more mathematics and engineering sciences to enable him/her conceptualize and design, while the technologist requires more management and

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practical courses to enable him/her carry out the implementation of projects. The percentages given are theoretical as the reality on the ground is very different as we have never sat down to agree on the actual subject contents; different Universities develop their curricula without discussing and agreeing on the contents of the respective curricula. In most cases both curricula are similar in content.. The progression from degree level is to MSc/MEng and MTech respectively, then to PhD/DSc and PhD/DTech respectively (see figure for pathways attached).

ENGINEERING AND TECHNOLOGY PROGRESSION PATHWAYS

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MC – Master Crafts Person

GTT – Government Trade Test

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MSc/MEng

Postgrad Diploma

MTech

PhD/DSc/D.Tech

BSc/BEng BTech

MC - II

MC - I

DIPLOMA/TECHNICIAN

CRAFTS PERSON

GTT - I

MC - III

ARTISAN

GTT - II

Basic Education

PUBLIC

GTT - III

Professional Master Crafts Person

ENGINEERING TECHNOLOGY EXPERIENTIAL

4.0 Engineering and Engineering Technology TeamEngineering Professions are divided into Engineering and Engineering Technology. The Engineering team consists of five (5) cadres – Engineering Scientists, Engineers, Engineering Technologists, Engineering Technicians and engineering Crafts persons. The Engineering Scientists are usually PhD holders, and belong to either Engineers or Engineering Technologists. That leaves only four cadres (i.e. Engineers, Engineering Technologists, Engineering Technicians and engineering Crafts persons) who require registration.In general the engineer is supposed to take the scientist research findings – theories and principles- then conceptualize them with the aim of coming up with new designs, new materials and systems to serve society better (this is normally referred to as Industrial Research as opposed to Basic or Theoretical Research that is carried out by Engineering Scientists). This means that the Engineer’s work is mainly in the office and in the labs to test the new designs/materials/systems developed then pass over to Engineering Technology personnel for implementation. In this way the country can be able to develop and move forward technologically.

4.1 Integrated Relationships Engineering Professiona) The thick lines show the normal route from the Engineering Scientist to the Engineering

Crafts Person. The basic/theoretical research findings (mainly theories and principles) are passed over the Engineer who conceptualizes them and come out with new designs, new materials, new systems, etc., tests them in labs (i.e. deals with Industrial Research) and pass them over to the Engineering Technologist for interpretation and implementation. The implementation is carried out by the Engineering Technicians who deal with well-defined engineering areas. The Engineering Technicians supervise Engineering Crafts Persons who are skilled in specific areas of engineering. Example in a Building there various engineering sections with specific trades e.g. Refrigeration and air-conditioning section can headed by Engineering Technician with two Engineering Crafts persons – one dealing with refrigeration and the other dealing with air-conditioning. The Engineering Technologist will be in-charge of the entire project i.e. the Building.

b) The different pathways in education and training Engineering Scientist to the Engineering Crafts Persons. The basic/theoretical research findings (mainly theories and principles) can be passed over to the Engineer who conceptualizes them and comes out with new designs, new materials, new systems, etc., tests them in labs and interprets them for implementation. In the implementation process, an Engineering Technologist furthers it by breaking the designs into activities for implementation that are to be passed over directly to the Engineering Crafts Persons. An Engineer interprets industrial research findings and passes them over to an Engineering Technologist to initiate the implantation process by the Engineering technician and further by Crafts Persons. In this case the Engineer can directly supervise the project activities.

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RELATIONSHIPS IN THE ENGINEERING PROFESSION

For industrial success, there should be a symbiotic relationship of the engineering team to jointly address the many complex technical problems, including the development of new products, require a team effort. Individuals on the team may include scientists, engineers, engineering technologists, engineering technicians, and Vocational Technicians or Craftsperson*. All these sub professionals contributes different knowledge and skills gained from their educational, training and experience. Scientists are the most theoretical of the team members who have advanced degrees and research or theoretical interests. They seek ways to apply new discoveries to advance technology for mankind. Most engineering scientists have an earned doctorate in engineering or a closely related discipline.An engineer is typically a graduate from a four-year engineering degree program, whereas the technologists or technician is a graduate of a four-year or a two-year degree program in engineering technology respectively from Universities or Technical Institutes/Polytechnics.

Engineering technician/Engineering Technologist dealing with broadly- defined engineering problems and activities and provides a management function in production.

Finally a Craftsperson is recognized and associated highly specialized skill acquired through rigorous practical training on the specific craft areas. may not be as clear.

The Difference between Engineering and Engineering TechnologyEngineering Engineering

Is a Profession in which knowledge of advanced mathematical and natural sciences gained by higher education, experience, and practice is devoted to the creation of new technology for the benefit of humanity. Engineering education for the professional focuses primarily on the conceptual and theoretical aspects of science and engineering aimed at preparing graduates for the practice of engineering closest to the research, development, and conceptual design functions.

Engineering

Technology

Engineering technology

Is the profession in which acknowledge of the applied mathematical and natural science gained by higher education, experience, and practice is devoted to application of engineering principles and the implementation of technological advances for the benefit of humanity. Engineering technology education for the professional focuses primarily on analyzing, applying, implementing, and improving existing technologies and is aimed at preparing graduates for the practice of engineering closest to the product

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improvement, manufacturing, and engineering operational functions.

In USA the Engineering Technology Commission (ETC) views engineering technology as an integral part of the engineering enterprise and holds that baccalaureate (degree) engineering technologists appropriately functionasprofessionalpractitioners,ratherthansupportingPara-professionals,in this enterprise. It is further held that an appropriate accreditation activity is necessary to support the uniqueness of this component. The Technology Accreditation Commission (TAC) of the Accreditation Board for Engineering and Technology (ABET) serves this function.

The ETC believes that professional registration is important, especially as it relates to those activities that directly affect the health, safety, and welfare of the public. Further, it supports the continuance of the industrial exemption, while recognizing the importance of registration in industry or some disciplines. The ETC further supports and encourages registration for all eligible engineering technology faculties, since they typically are engineering practitioners.

5.0 Regulation of Engineering ProfessionRegulation of any Profession that touches on the Safety and Health, and Welfare of the public is extremely necessary worldwide. The most notable ones are the Engineering and Medical Professions. The Engineering Team has five cadres (Engineering Scientists, Engineers, Engineering Technologists, Engineering Technicians and craft persons/artisans), but only one cadre (Engineer) is being registered in Kenya by EBK; the Medical team also has five cadres (Medical scientists, Doctors/Dentists, Medical Clinical Officers, Medical Nurses and Lab. Technologists) but unlike the Engineering Team all the cadres in the Medical Team are regulated by ACTS of Parliament and all the personnel are registered and therefore accountable for their actions.The engineering profession in Kenya is regulated by the Engineers Board of Kenya (EBK) Act, 2011. The Board is responsible for the registration of Engineers and consulting firms, regulation of engineering professional services, accrediting engineering courses in the institutions of higher learning, setting of standards, development and general practice of engineering. The act prescribes very deterrent penalties for offering employment to persons who are not registered by them. The EBK Act, 2011 has no provisions Regulating and Registering Engineering Technologists, Engineering Technicians and the Craft persons/Artisans who form the largest part of the Engineering team and who do more than 98% of the engineering activities in Kenya.

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6.0 The Registration of Engineering and Technology Cadres in other CountriesAs mentioned above most countries, and more especially the industrialized and newly industrialized countries have enacted laws that govern the Engineering profession (i.e. both engineering and engineering technology). Some examples are given below:

United Kingdom: Engineering Council

The engineering profession in the United Kingdom is regulated by the Engineering Council through engineering institutions that are licensed to put suitably qualified persons on the Engineering Council's Register of Engineers. The Register has three sections or cadres:

Chartered Engineer (CEng), Incorporated Engineer (Engineering Technologist) (IEng), and Engineering Technician (EngTech).

Nigeria: Council for the Regulation of Engineering in Nigeria (COREN), Act of No. 27 of 1992The engineering profession in the Nigeria is regulated by the Council for the Regulation of Engineering in Nigeria (COREN). The Council registers four categoriesor cadres:

(a) Registered engineers (Engr);(b) Registered engineering technologists (Engn. Tech);(c) registered engineering

technicians (Tech); and (d) Registered engineering craftsmen (A registered engineering craftsmen uses

his full title with his trade in bracket under his name).Qualification framework

1. An engineering craftsman may apply to transfer to the register of engineering technicians if he obtains the Ordinary National Diploma Certificate or an approved equivalent educational qualification and the required working experience.

2. An engineering technician may apply to transfer to the register of engineering technologists if he obtains the Higher National Diploma Certificate or he has successfully completed an equivalent course of study in a polytechnic or college of technology or any other approved institution.

3. An engineering technologist may apply to transfer to the register of engineers if he –

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passes the examination accredited by the Council, the academic content of which shall meet the requirement for registration as an engineer; or

attends a post-Higher National Diploma course approved by the Council and run by a polytechnic or university and passes an examination accredited by the Council; or

passes a university degree programme or any examination conducted by any other body authorized by Council

3. South Africa: Engineering Council of South Africa (ECSA): Engineering Profession Act 46 of 2000

Establishment of the Engineering Council of South Africa: There is hereby established a juristic person to be known as the Engineering Council of South Africa. The Engineering Council of South Africa (ECSA) is a statutory body established in terms of the Engineering Profession Act, 2000 (Act 46 of 2000),and derives its powers and responsibilities from the Act. The main focus of the Act is the promotion of public safety, health and interests in relation to actions of persons registered with ECSA.

Categories of registration

(1) After obtaining the required qualification and experience, ECSA registers engineering practitioners in the following professional registration categories:

The categories in which a person may register in the engineering profession are—

(a) professional, which is divided into—• Professional Engineer (Pr Eng),• Professional Engineering Technologist (PrTech Eng),• Professional Engineering Technician (PrTechni Eng), and • Professional Certificated Engineer (Pr Cert Eng).(b) candidate, which is divided into—(i) Candidate Engineer;(ii) Candidate Engineering Technologist;(iii) Candidate Engineering Technician; or(iv) Candidate Certificated Engineer

(c) Specified categories prescribed by the council.(2) A person may not practice in any of the categories contemplated in subsection (1), unless he or she is registered in that category.(3) A person may practice in a consulting capacity in the category in which he or she is registered.

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(4) A person who is registered in the category of candidate must perform work in the engineering profession only under the supervision and control of a professional of a category as prescribed.

4. Canada: Engineering Technology ACT of 1973

The act registers two categories: Engineering technician and Engineering technologist. Canada has a separate Act for professional engineers.

5. Australia: Engineers Australia

Engineers Australia administers three National Engineering Registers on advice from a board established to ensure the registers operate with integrity and in the public interest. Registration on the National Engineering Registers is available in three occupational categories:

National Professional Engineers Register (NPER), National Engineering Technologists Register (NETR),and National Engineering Associates Register (NEAR)

The following titles are used by members of Engineers Australia:

NPER – recognized as MIEAust CPEng NETR – recognized as TMIEAust CEngT NEAR – recognized as OMIEAust CEngO

The National Professional Engineers Register (NPER) and the National Engineering Technologists Register (NETR) and the National Engineering Associates (Engineering Technician) Register (NEAR) are administered to safeguard the community at no cost to government. Engineers Australia administers the national engineering registers with input from the National Engineering Registration Board to ensure that the registers operate in the public interest.

6. New Zealand: Chartered Professional Engineers of New Zealand Act of 2002

IPENZ is the Registration Authority under the Chartered Professional Engineers of New Zealand Act of 2002. IPENZ also operates registers of current competence for Professional Engineers, Engineering Technologists and Engineering Technicians. IPENZ operates the national registers of current competence-based registers for:

7.0 International Agreements Governing Mutual Recognition of Engineering There are six international agreements governing mutual recognition of engineering qualifications and professional competence. In each of these agreements countries/economies who wish to participate may apply for membership, and if accepted become members or signatories to the agreement.

7.1 Agreements covering tertiary qualifications in engineering

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There are three agreements covering mutual recognition in respect of tertiary-level qualifications in engineering:

a) Washington Accord: This accord was signed in 1989; it recognizes substantial equivalence in the accreditation of qualifications in professional engineering education leading to the Engineering Degree, normally of four to five years duration

b) Sydney Accord: Flowing from the Washington Accord, a similar Agreement was developed for Engineering Technologists or Incorporated Engineers, called the Sydney Accord (SA), which was signed in June 2001. It recognizes substantial equivalence in the accreditation of qualifications in engineering technology, normally of three to four years duration.

c) Dublin Accord: The Dublin Accord (DA) is an Agreement for substantial equivalence in the typifying tertiary qualifications for technician engineering education, normally of two year’s duration. It commenced in 2002.

7.2 Agreements covering competence standards for practicing engineersThe other three agreements cover recognition of equivalence at the practicing engineer level i.e. it is individual people, not qualifications that are seen to meet the benchmark standard. The concept of these agreements is that a person recognized in one country as reaching the agreed international standard of competence should only be minimally assessed (primarily for local knowledge) prior to obtaining registration in another country that is party to the agreement.

a) Asia-Pacific Economic Cooperation (APEC) Engineer agreement: The oldest such agreement is the APEC Engineer agreement which commenced in 1999. This has Government support in the participating APEC economies. The representative organization in each economy creates a "register" of those engineers wishing to be recognized as meeting the generic international standard. Other economies should give credit when such an engineer seeks to have his or her competence recognized. The Agreement is largely administered between engineering bodies.

b) International Professional Engineers agreement (IPEA): The International Professional Engineers agreement commenced in 2001: It operates the same competence standard as the APEC Engineer agreement but any country/economy may join. The parties to the agreement are largely engineering bodies. There are intentions to draw IPEA and APEC closer together.

c) International Engineering Technologist agreement (IETA): The International Engineering Technologist agreement was signed by participating economies/countries in 2003. The parties to the Agreement have agreed to commence establishing a mutual recognition scheme for engineering technologists.

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8.0 weakness of the regulation of engineering and registration of engineers in Kenya

The Engineers Board of Kenya (EBK) Act 2011 established a statutory Board whose functions are the registration of Engineers and Firms, regulation of engineering professional services, setting of standards, development and general practice of

Engineering. Part VI of the Engineers Board of Kenya (EBK) Act 2011Articles 48(1) and 49), a person shall not engage in the practice of engineering unless that person has been issued with a license and has complied with the requirements of the Act. Accordingly the Engineering Technology Cadres are not provided for to engage in any engineering activities in Kenya since Registration with the Board is thus a license to practice engineering in Kenya.The EBK Act 2011 does not include the registration of the Engineering Technologists, Engineering Technicians and Engineering Crafts persons (all who belong to the Engineering Technology arm of the engineering Profession),and to in line with other international engineering regulating bodies. For proper coordination all the cadres of the Engineering team should be governed by legislation

9.0 interventions proposals9.1 review and amend the Engineers Board Act, 2011 (point out the areas

for amendment and propose the amendments)9.2 Registration of Institution of Engineering Technologists and Technicians

In order to ensure that engineering scientists, Engineering Technologists, Engineering Technicians and the Craft persons/Artisans operate under a regulatory framework, the Institute of Engineering Technologists and Technicians (IET) was registered by the Registrar of Societies at the Attorney General’s chambers on 16 th

November 2011 and The Kenya Engineering Technologists, Technicians and Craftsperson’s’ Bill was published on 31st August 2013 [Kenya Gazette Supplement No. 103 (Bills No.45)] By the time the tenth parliament was winding up its business, the bill had gone through the first reading principally to regulate Engineering technology registering Engineering Technologists, Engineering Technicians and Engineering Crafts persons.

9.3 Reasons for the Enactment of the Engineering Technologists and Technician Act

a) Engineering technologists, engineering technicians and Crafts persons are not presently registered and therefore are not accountable for the work they do concerning engineering activities. Almost all engineering activities in Kenya are carried out by these people. [cf. in the medical profession in Kenya all cadres

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of personnel – doctors/ dentists, nurses, clinical officers and lab. technologists- are all registered and therefore are accountable for the work they do]

b) While degree courses have to be approved by EBK, the technical courses have no professional body to oversee its approval and implementation. In almost all countries worldwide – more so the most developed countries (UK, USA, Australia, New Zealand, Singapore, India, Malaysia, South Korea, South Africa, Nigeria, etc.,) - all cadres are registered and governed by acts of parliament. as shown above.

c) Any engineering activity is likely to affect the safety and/or health and/or wellbeing of the humanity. All engineering activities require the input of the all engineering teams (the scientist, the engineer, the technologists, the technician and the crafts person) i.e. they all have a role to play and therefore each must be accountable through an act of parliament.Once the institution is established by law, it shall seek affiliation to and recognition by the following international educational accords for international membership recognition:

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