Engineering Regulatory and Monitoring

ESTABLISHMENT OF THE “ENGINEERING REGULATION MONITORING” (ERM)

OPERATIONAL GUIDELINES FOR ENGINEERING REGULATIONS MONITORING (ERM)

•      INTRODUCTION

The Council for the Regulation of Engineering in Nigeria (COREN) is statutorily mandated by sections 19 and 20 of Engineers (Registration, etc.) Amendment Act No. 3, 2018 to establish the Engineering Regulations Monitoring (ERM) Department, charged with the duties of Regulation and Control and Ensuring that Engineering is Practised in Nigeria in accordance with the relevant Codes and Standards of Engineering Practise in the protection of her National Development and Economic Investment.

 

2.0       AIMS AND OBJECTIVES OF THE ERM.

The aims and objectives of Engineering Regulations Monitoring are to:

1. Ensure the Registration of Engineering Practitioners (local and expatriates) and firms with COREN;
2. Ensure that Engineering is Practised in Nigeria in accordance with the relevant Codes of Engineering Practise in order to protect her development and economic investment;

• Enforce Maintenance of Discipline and strict Standards of Ethics in the Practise of the Engineering Profession in Nigeria;

1. Foster the speedy acquisition of all relevant Engineering and Technological Skills by ensuring capacity building and monitoring local content development in the Nigerian Engineering Industry;
2. Minimize and with time, eliminate Engineering and technological dependence of Nigeria on other countries by mandatory attachment of Nigerians to expatriate Engineers on major projects to understudy them from inception;
3. Minimize the enormous Foreign Exchange leakage from Nigeria resulting from existing domination of Engineering activities particularly in the Petroleum and Construction Sectors of the Economy by Foreigners;

• Facilitate and expedite the positioning of the Nigerian Engineering Practitioners to join in the global competition for incomes accruable to Nigeria from International Engineering Consultancy and Construction practise; and
• Monitor and enforce compliance with the Engineers Registration ACTS of 2004 & 2018 by all Engineering Practitioners.

 

•      STRATEGIES FOR THE IMPLEMENTATION OF ERM

The strategies for the implementation of ERM shall be:

1. Monitoring of Public and Private Sectors Companies and Institutions offering Engineering Training or capable of offering Engineering Training and Education;
2. Monitoring of Consulting and Construction Engineering Firms’ activities;

• Monitoring of the Deployment and Training of National Youth Service Corps (NYSC) Engineering members and Supervised Industrial Training Scheme in Engineering (SITSIE) trainees.

1. Monitoring and Regulation of registration and Engineering Practise of all Engineering Practitioners, Nigerians and expatriates;
2. Identifying quacks and unregistered persons and their prosecution in a competent court of law;
3. Ensuring that ERM Team have access to Engineering project sites, premises of organizations and institutions where Engineering is being Practised;

• Monitoring of the Public and Private sectors in the Federation of Nigeria to ensure adherence to the regulation and ensuring that all members of the Engineering Family deployed therein are registered by COREN;
• Monitoring of compliance/adherence to licensing of Engineering Firms (Schedule 1);

1. Monitoring full implementation of the regulation on Construction Industry (Schedule 2);
2. Monitoring full implementation of the Regulation on Engineering appraisal/valuation (Schedule 3);
3. Monitoring full implementation of the regulation on Engineering Economy (Schedule 4);

• Monitoring full implementation of the regulation on Cost Engineering (Schedule 5); and
• Ensuring capacity building and monitoring of local content development in the Nigerian Engineering industry.

 

•      MODE OF OPERATION OF ERM

The Sectoral approach has been adopted in the implementation of the ERM. The broad Engineering Sectors are:

1. CIVIL
2. Roads and Bridges
3. Railways
4. Aviation
5. Marine
6. Building
7. Water Resources
8. Environmental
9. MECHANICAL
10. Production
11. Machines & Equipment
12. Materials
13. Agricultural

• CHEMICAL/MINERAL RESOURCES

1. Petroleum
2. Oil & Gas
3. Production
4. Allied Products (Polymer, Wood, Textile etc.)
5. Mining
6. Metallurgy
7. ELECTRICAL/ELECTRONICS
8. Power
9. Telecommunications
10. ICT
11. Artificial Intelligence
12. AGRICULTURE

All Sectors

 

•      ADMINISTRATIVE STRUCTURE OF THE ERM

The COREN Engineering Regulation Monitoring Department (ERMD) shall be domiciled in the COREN Head office for the effective management, supervision and monitoring of the ERM Programme. It shall have offices in all the 36 states of the Federation and FCT.

 

• ERM NATIONAL TECHNICAL COMMITTEE (NTC)
  • The NTC shall reside in the COREN Headquarters and responsible to COREN COUNCIL. Its duties are to:

1. Formulate policies for the ERM Programme/Activities;
2. Oversee the implementation of Engineering Practise in Nigeria in accordance with relevant Codes & Standards;

• Liaise with the relevant Government Organizations in formulating policies to ensure compliance of Expatriates in Nigerian Engineering Practise; and

1. Perform any other duties assigned by the Council.

Tenure of Members of the Technical Committee shall not exceed 3 years.

• The Membership of the NTC shall comprise of a representative each of :

1. Federal Ministry of Works
2. The Nigerian Society of Engineers (NSE).

• Nigerian Association of Technologists in Engineering (NATE).

1. Nigerian Society of Engineering Technicians (NiSET)
2. Nigerian Association of Engineering Craftsmen (NAEC)
3. Association of Consulting Engineers in Nigeria (ACEN)

• Independent Corrupt Practises Commission (ICPC)
• Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA)

1. Nigerian Immigration Service (NIS)
2. Manufacturers Association of Nigeria (MAN)
3. The Nigerian Military

COREN Council shall be represented by two members, one of whom shall be the Chairman of the Technical Committee. The Registrar shall serve as the Secretary. All members of the NTC must be Registered Engineering Practitioners.

 

 

• ERM OPERATIONS
  • ERM DEPARTMENT

 

1. DIRECTOR ERM

There shall be a Director in charge of ERM who reports to the Registrar.

 

1.       DEPUTY DIRECTORS

There shall be five (5) Deputy Directors in charge of SECTORS to assist the Director as follows:

1. Deputy Director : Civil
2. Deputy Director : Mechanical
3. Deputy Director : Chemical
4. Deputy Director : Electrical/Electronics
5. Deputy Director : Solid Minerals

 

iii.        ASSISTANT DIRECTORS

There shall be not more than twelve (12) Assistant Directors to support the Deputy Directors in accordance with the Organogram, viz:

1. CIVIL ENGINEERING

• Assistant Director Transportation
• Assistant Director Building/Water Resources
• Assistant Director Environmental

1. MECHANICAL ENGINEERING
2. Assistant Director Production/Agricultural
3. Assistant Director Machines/Equipment

• Assistant Director Materials

1. ELECTRICAL/ELECTRONICS
2. Assistant Director Power
3. Assistant Director Telecommunication

• Assistant Director ICT

1. Assistant Director Artificial Intelligence
2. CHEMICAL/MINERAL RESOURCES
3. Assistant Director Petroleum
4. Assistant Director Oil & Gas

• Assistant Director Allied Products

1. Assistant Director Mining
2. Assistant Director Metallurgy
3. AGRICULTURE
4. Pre – Harvest
5. Post – Harvest
6. REGULATIONS, STANDARDS AND COMPLIANCE
7. Assistant Research, Codes and Statistics
8. Assistant Director Compliance
9. CHIEF ENGINEERS

There shall be five (5) Chief Engineers to head the pool arrangement of Engineering Practitioners in line with Sectoral Groups. There shall be reasonable number of Engineering Practitioners in the pool arrangement as need arises.

 

5.3 FIELD OFFICES

There shall be ERM offices in all the 36 States plus FCT reporting to the Registrar.

• ERM State Technical Committees

The ERM State Committee shall have the responsibilities to:

1. implement policies formulated by the National Technical Committee;
2. sensitize the States on COREN activities;

• monitor the registration and practise of all Engineering personnel, local and expatriates;

1. monitor the compliance of Engineering firms with the provisions of the COREN ACT; and
2. implement any other directives from the Registrar;

5.3.2    Composition of the ERM State Technical Committees

The composition of the ERM State Technical Committees shall consist of one      representative each of:

1. The Governor
2. Federal Ministry of Works in the State

• State Ministry of Works

1. The Nigerian Police
2. Nigerian Immigration Service (NIS)
3. State Development Control Agency/FCDA

• Local Government Service Commission (LGSC)
• Largest Employer of Engineering Practitioners in the State (private sector)

1. The Nigerian Society of Engineers (NSE).
2. Nigerian Association of Technologists in Engineering (NATE).
3. Nigerian Society of Engineering Technicians (NiSET)

• Nigerian Association of Engineering Craftsmen (NAEC)

The ERM Chief Inspector appointed by the Registrar shall be a member while the COREN State Officer shall serve as the Secretary.

The members of the STC shall be Registered Engineering Practitioners. There shall be two (2) nominees by the STC for the post of the Chairman, out of which the Council will approve one.

• ERM STATE OFFICE

The ERM Inspectors in each of the 36 states and FCT shall be sector based. Each state shall determine the number of sectors based on their economic resources. Each sector shall be approved by the State Technical Committee (STC) and forwarded to COREN. Appointment shall be based on competence of persons who shall not be below the rank of retired Deputy Directors, C.E.Os of Organizations and Senior Academic Staff.

5.3.4    COMPOSITION OF THE INSPECTION UNITS

The inspection units shall be made up of the following:

1. Assistant Chief Engineer (COREN Rep.):       1No.
2. Four (4) Engineering Practitioners:                          (one  of which must be an

Engineer not below the rank of    Deputy Director, or Senior Academic staff or C.E.O of Organizations who will be the team leader.  One representative each of NATE, NiSET and NAEC where necessary.)

• NYSC Members as may be possible                  .

 

• JOB DESCRIPTIONS

1. DIRECTOR ERM:-
2. Directs, Administers and Coordinates ERM Programmes and reports to the Registrar.
3. DEPUTY DIRECTORS:-
4. Compile list of Establishments in the Relevant Sectors;
5. Monitor Firms and Individuals in the Sectors to ensure that Engineering is Practised in accordance with requisite Codes & Standards;
6. Investigate failures in these Sectors and submit reports; and
7. Ensure that all Foreign Firms in these Sectors establish their Design Offices in Nigeria.

• ASSISTANT DIRECTORS:-

1. Assist the Deputy Directors in carrying out duties in line with the assigned roles in the Organogram.
2. CHIEF ENGINEERS:-
3. Evaluate, analyze and report on assignments within the Sartorial Group; and
4. Coordinate the activities of the Engineering Practitioners in the pool and assigned to the Sartorial Group.
5. ASSISTANT CHIEF ENGINEERS:-
6. Coordinate the ERM activities in the State and report to the Registrar.

 

• ROLE OF THE COREN REGISTRY

1. To provide all necessary logistics and financial support for the smooth operation of ERM Activities.

 

•      GUIDELINES FOR ERM ACTIVITIES

There should be adequate sensitization and public enlightenment for all ERM activities to cover Chief Executives of companies, institutions and the general public.

ERM activities shall not be confrontational in nature; rather it should be approached with a view to correcting wrong Practises or pointing out omissions or commissions that violate Engineering Regulations.

An ERM Team shall comprise of 4 Inspectors according to paragraph 5.3.4. above. One (1) of which must an Engineer not below the rank of   Deputy Director, or Senior Academic Staff or C.E.O of Organization. 1No. representative each of NATE, NISET and NAEC where necessary.

The NYSC Corp Members shall be responsible for a day-to-day data gathering in all sites where necessary.

6.1 VISITATIONS

6.1.1 PROCEDURE FOR ERM VISITATIONS

1. The ERM Chief Inspector, on approval by the State Technical Committee (STC), shall forward the list of Organizations (not more than 4 at a time) to be visited, together with the names of Inspectors through the State Office to the Registrar of COREN at least Six weeks before the Proposed date of Visitation.
2. A letter shall be addressed by the Registrar to the Chief Executive of the Organization to be visited informing him of the impending visit, the exact date (to be fixed by the Chief / Inspector), along with a Questionnaire to be completed and returned to the Chief Inspector at least one week before the visitation date.

• The Chief Inspector shall follow up the approval for Visitation with the Chief Executive of the Organization to be Visited.

1. Completed Questionnaires submitted by the Organization shall be given to the Visitation Team Leaders at least, a day before the visit such that the team will be acquainted with the Questionnaire before the exercise.
2. The visitation team will crosscheck information supplied on the Questionnaire with oral interview of the Organization’s Personnel.
3. After the Visit, the Team will score the Organization using COREN approved score booklet.

• The result of the Visitation together with the appropriate assessment of the Organization including recommendation of the team shall be submitted to the ERM Chief Inspector who forwards same to the Registrar of COREN through the State Technical Committee (STC).
• The Registrar considers the reports and forwards to the appropriate Committee of Council.

1. To ensure that the organization being visited is sufficiently committed, the completed COREN Questionnaire must be duly endorsed by the Chief Executive Officer. This is done on the appropriate COREN Declaration form.
2. Any Organization with score less than 50% should be directed by COREN to stop doing Engineering Business.

 

 

• TYPES OF VISITATIONS

1. Visits to Governors, Ministers and CEOs of Organizations:
2. Committee to be headed by the COREN President or his representative.
3. The objective of the visit will be to educate such high-level Officer of the essence of ERM visits; will demystify the ERM visits as being punitive and of no value.
4. Visit to Organizations with Engineering interest:
5. First Visit- Inspection
6. Second Visit – Investigation

• Emergency visit in the case of failure of Engineering Structures should be by the state ERM team and later on, an investigative team.

 

• INSPECTION

1. Inspection activities are to be carried out by ERM Inspectors under the coordination and supervision of the appropriate Sectorial Department in the Headquarters.
2. Experienced Engineering Practitioners who have been duly selected, trained and certified competent are to serve as ERM INSPECTORS.

• Only registered Engineering Practitioners in good financial standing with COREN are to be appointed as Inspectors of the ERM Programme.

1. There shall be a database of all Engineering Organizations, Practitioners and NYSC Corps Members for all identified sites based on the sectors. Also, Engineering organizations shall be engaged where necessary to perform scientific evaluation.

6.2.1    MANDATE OF THE ERM INSPECTORS

1. Locate, document Organizations and personnel and report to Registrar.
2. Verify and monitor the professional competence of Works Approval Officers.

• Act as COREN watchdogs on maintenance, upholding Engineering codes of practise in public works, prohibit default and ensure that all such works are in accordance with Engineering design and specification by Registered Engineer.

1. Verify that all organizations working in the area of Engineering contracting have at least an active Registered Engineer on their Board of Directors.
2. Observe and report cases of non-adherence to approved Engineering Codes of Practise in respect of Public and Private works to the Registrar.
3. Report all defaults and contravention of COREN ACT to the Registrar.

• Verify that all Engineering Practitioners (local and foreign) in the Engineering Organizations have valid COREN Practising Licenses.

 

• MEETINGS

1. There shall be a meeting of all ERM Inspectors with their respective State Technical Committee at least once in a year to look into the issues arising from the field.
2. The Chief Inspector shall convene a meeting of all Inspectors at the beginning of each year to draw up the proposed visits.

• The ERM Inspectors shall hold meeting with the Chief Inspector prior to and after each visit.

 

• ENFORCEMENT
  • Enforcement is the heart and soul of the ERM Programme. Reports of the State Technical Committee (STC) activities shall be submitted to the Registrar of COREN; the efforts of the Inspectors would come to nothing, if there is no enforcement by the Registrar. Enforcement therefore implies the process of making persons who have defaulted to comply with the provisions of COREN ACT.

 

• An Enforcement that is carried out by the Registrar during a round-off Inspection visit to an organization can be classified as Primary Enforcement. In this case, the Registrar could request law enforcement agents (Police or Immigration officers), who are part of the Visitation Team to arrest any Engineering Practitioner verified as not registered with COREN.

 

• Secondary Enforcement implies a follow-up to a report from an Inspection visit. In this case, an Inspection Report would be carefully analyzed by the ERM Department at COREN Headquarters; the outcome is forwarded through the relevant committee to the Investigating Panel and if necessary, for prosecution in the Law Courts by COREN. The Individuals and Organizations who are considered to have infracted on the ACT but registered with COREN would be recommended through the Committee to Council for referral to the Investigation Panel and subsequently to the COREN TRIBUNAL.

 

• COMPLIANCE MONITORING
  • Compliance Monitoring entails watching and checking the “Practise of Engineering” over a period of time to see how it develops such that COREN can make any necessary changes.
  • Data is key to monitoring activity. COREN must have a robust database of Engineering activities in the country; this is basic and essential for the Field Officers.
  • After a successful inspection of any organization accompanied by an effective enforcement by the Registrar, Inspectors would return to such organization every two years for Compliance Monitoring using the stipulated Questionnaire and Score sheets, which shall be submitted to the National Technical Committee (NTC) through State Technical Committee (STC).
  • The NYSC Corp Members shall be engaged for continuous monitoring and data gathering of all sites. Data shall be collected by the State Office for analysis by the various sectors of ERM team.

 

•      INSTRUMENTS FOR ENGINEERING REGULATIONS MONITORING

COREN currently has a number of instruments in place for Regulation and Monitoring in the Practise of Engineering. More instruments shall be required as the need arises.

 

 

7.1       BOARD MEMBERSHIP FORM (BMF)

7.1.1    The aims and objectives of the BMF are:

1. the elimination of false declaration of engineers on Board of Directors of Organizations/Institution involved in the “Practise of Engineering” in Nigeria;
2. to emphasize the appointment of qualified Engineers to positions of appropriate Engineering responsibilities; and

• to ensure compliance with the provisions of the COREN ACTS by Organizations/Institutions involved in the “Practise of Engineering”.

 

• ADMINISTRATION OF BOARD MEMBERSHIP FORM (BMF)

1. to be completed only by active Registered Engineers on Board of Organizations/Institutions involved in the Practise of Engineering;
2. COREN ERM Inspectors are to demand for verification, copies of completed BMF forms, of active registered Engineers on the Board of Directors of Organizations/Institutions during visitation; and

• any default, offences or irregularities observed with regards to the use of the BMF are to be reported to the Registrar for necessary action OR Enforcement.

 

• PROJECT CONTROL FORMS (A&B)

The project monitoring form contains the followings: which are to be completed by the responsible Engineering Practitioners:

1. Engineering Firm Details:
2. Design stage
3. Construction stage
4. Project Responsibility

• Engineering Project Information

1. Report of Project Site Visits
2. ERM Visitation
3. Questionnaire

• COREN Declaration
  • The Project Control Forms are designed to ensure that only Engineering Practitioners, qualified and registered in accordance with the COREN ACTS.
  • The Questionnaire document used by Inspectors in the ERM Programme are to gather useful information/data for assessment of the compliance status OR progress of organizations/institutions.

 

•      ERM FUNDING

ERM shall derive funding from the following:

1. Levies, fees, charges and surcharges.
2. Forfeiture and surcharge from funds forfeited to the Federal Government of Nigeria.

• Engineering development levy from all Engineering projects undertaken by the Federal Government of Nigeria.

 

•      SANCTIONS

Section 18 (1) of the Principal Act provides that, any person not a Registered Engineering Practitioner who-

• For or in expectation of a reward Practises or holds himself out to Practise as such; or
• Without reasonable excuse takes any name, title, or addition or description implying that he is authorized by law to Practise as a registered Engineering Practitioners, shall be guilty of an offence.

Section 18 (2) provides that any person on the provisional register who, otherwise than in accordance with section 12 of the Principal Act:-

• For or in expectation of a reward Practises or holds out to Practise as a Registered Engineering Practitioner: or
• Without reasonable excuse takes or uses any name, title, addition or description implying that he is authorized by law to Practise as a registered Engineering Practitioners, shall be guilty of an offence.

Section 18 (3) provides that, if any person, for the purpose of procuring the registration of any name, qualification or other matter:-

• Makes a statement which he believes to be false in a material particular; or
• Recklessly makes a statement, which is false in a material particular, he shall be guilty of an offence.

Section 15 (4-12) of Act No. 3 of Engineers (Registration Act) (Amendment) Act 2018 provides for;

(4) An Engineering Practitioner who Practises without paying his Practising fee commits an offence and is liable on conviction to a fine five times the annual fee.

(5) A person or organization who offers Engineering Consultancy or charges a professional fee without a valid license issued by the Council commits an offence and is liable on conviction to a fine five times the annual fee.

(6) An organization not registered by the Council which offers Engineering Consultancy commits an offence and, on conviction shall forfeit all proceeds of the transaction to the Federal Government of Nigeria.

(7) If the Registrar or any other person employed by the Council willfully makes any falsification in any matter relating to the Register, he commits an offence.

(8) A person who contravenes subsection 1, commits an offence and is liable on conviction to forfeit all proceeds of the transaction to the Federal Government of Nigeria.

(9) A person who contravenes subsection 2, commits an offence and is liable on conviction to lose his license for a minimum term of one year and maximum term of five years.

(10) A person who contravenes subsection 3 commits an offence and is liable on conviction to a fine not less than ₦ 2, 500, 000. 00.

(11) A person who contravenes subsection 6, shall, on conviction loose his license for a minimum term of one year and maximum term of five years and pay a fine of not less than ₦ 1, 000, 000.00.

(12) Any person who contravenes the provisions of any regulation made under this Act, commits an offence and is liable on conviction to the penalties provided in that regulation.

Section 19 (4) provides that in performing the functions as stated in this section, any manufacturing or Engineering firm, a construction company or person or group of persons who obstructs or threatens violence to any or on any member, commits an offence and is liable on conviction to-

• In the case of a company, firms or institutions a fine of ₦ 2, 000, 000.00 and
• In the case of an individual, a fine of ₦ 500, 000.00 or imprisonment for a term of six months.

 

Approved by the 163^rd Ordinary Council Meeting of the Council for the Regulation of Engineering in Nigeria (COREN).

Engr. Prof. Joseph O. Odigure

Registrar