SayPro Buy Inspection and Enforcement Training Material 49107

There are many people employed in enforcement and inspection services who do not possess formal qualifications in the sector but who have the necessary skills and knowledge to carry out their work with a high level of expertise. This qualification will give those people an opportunity to obtain a formal qualification, which recognises their competence. The qualification will also serve to equip new entrants to the service with the necessary knowledge and skills. In addition the qualification will enable learners to embark on further study at higher levels on the NQF thus advancing the notion of life-long learning and improving learners’ employment possibilities.

The Department of Labour has the responsibility of ensuring that employers comply with the various requirements relating to the employment of workers as well as with regulations pertaining to heath and safety. An effective enforcement and inspection service will help to ensure fair labour practice coupled with safe and healthy working environments. This qualification will help to establish such a service on a professional level.

Rationale for the Qualification

The Department of Labour has the responsibility to ensure that employers adhere to labour legislation enacted to regulate the labour market. For this purpose they monitor the compliance of organisations with the required legislation and regulations.

The monitoring has the following three areas of focus:

• To promote good labour practices including sound labour relations, improved conditions at work and minimum wages, fair labour practices and a healthy and safe working environment.
• To provide information and advise on labour laws: The Department is the initiator and guardian of our labour laws. It has the responsibility to inform clients about the laws and where appropriate to educate them.
• To ensure compliance with labour laws: The Department of Labour will be both reactive (i.e. when dealing with complaints and accidents) and pro-active (identifying areas of non-compliance and advise on corrective action) to ensure that our laws are complied with.

  This service will be integrated across the full range of labour legislation, i.e.:

• Basic Conditions of Employment Act
• Employment Equity Act
• Occupational Health and Safety Act.
• Compensation for Occupational Diseases Act
• Labour Relations Act
• Unemployment Insurance Act
• Skills Development Act and Skills Development Levies Act.

  Labour centres and provinces are expected of offer a service in an integrated way to the client. The exact nature of integration is a managerial decision made at a provincial or local level in accordance with nationally approved principles, guidelines and directives. Different labour centres and provinces would all need to meet required levels of performance set out in performance agreements or service level agreements. Inspection and Enforcement Services are expected to offer an integrated service up to a certain level. Not all staff have to be specialists on all aspects yet all should have a basic understanding of our legislation so as to offer a service as and when required.

  The rationale for this qualification is therefore to provide the learner with the applicable knowledge and skills to be competent to perform the integrated inspection and enforcement services. 

Recognition of Prior Learning:

This Qualification can be achieved wholly or in part through recognition of prior learning in terms of the criteria laid down for this Qualification.

Evidence can be presented in a variety of forms, including international or previous local Qualifications, reports, testimonials mentioning functions performed, work records, portfolios, videos of practice and performance records. The assessment methods and tools to be used to assess Prior Learning shall be decided upon jointly by the assessor and the learner

All such evidence should be judged according to the general principles of assessment as described elsewhere in this Qualification. 

The Qualification is made up of Unit Standards that are classified as Fundamental, Core and Elective. A minimum of 140 credits is required to complete the Qualification. In this Qualification the credits are allocated as follows:

Fundamental: 28 credits
Core: 82 credits
Electives: 30 credits
Total: 140 credits

The majority of the credits relate directly to the purpose of the Qualification. There are also options for Electives that are aimed at personal empowerment and specialisation areas. The Qualification is made up of Unit Standards at levels 4, 5 and 6.

All fundamental and core unit standards are compulsory for all learners.

Unit standards to the value of at least 30 credits should be selected from the elective unit standards, but learners should try to choose elective standards that form an integrated whole, e.g. choose all the standards that relate to skills development. 

2. Provide information and advise on labour laws.

3. Ensure compliance with labour laws.

4. Lead a team.

5. Participate in a disciplinary hearing/court case.

6. Communicate with external and internal parties.

Critical Cross-Field Outcomes

The learner can demonstrate ability to:

• Identify and solve problems in familiar contexts in which responses show that responsible decisions have been made, adjust common solutions to meet changes in the problem and motivate the change within own limit of authority.
• Work effectively with others as a member of a team, group, organisation or community.
• Organise and manage him/herself and his/her activities responsibly and effectively in that it is expected that the learner will be responsible for his/her own learning and for organising his/her own work allocated tasks responsibly in the work environment. She/he is required to apply knowledge gained to the various tasks required of the learner’s work
• Collect, organise and critically evaluate information. These competencies are built into the assessment criteria in many of the Unit Standards and the learner is required to analyse information obtained for application to the work role.
• Communicate effectively using visual, mathematics and language skills in the modes of oral and/or written presentations. These competencies are an integral part of all the Unit Standards and are built into the Assessment Criteria.
• Demonstrate an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation in that references are made wherever applicable to the learner’s part in the big picture and how his/her actions have implications up and down the line and especially for the work-seekers with whom she/he is working, as well as for the skills development programmes designed and recommended to work-seekers.

  In addition, this Qualification contributes to the full personal development of each learner and the social and economic development of the society at large, by making it the underlying intention of any programme of learning to make the individual aware of the importance of:

• Reflecting on and exploring a variety of strategies to learn more effectively in order to become an informed Inspection and Enforcement Officer.
• Being culturally and aesthetically sensitive across a range of social contexts in dealing with diverse people in the workplace including customers, co-workers and people who are surveyed, interviewed and investigated in the execution of their Inspection and Enforcement duties. 

• Knowledge of relevant labour legislation is known and passed on to employees as and when required
• Assistance is given in the drawing up of codes of conduct in the organisation/department
• Batho Pele principles are understood and encouraged amongst staff members
• The basic principles of sound public administration management are implemented in own work situation and assistance is given to others with their implementation, where necessary

  2.

• Staff members are informed individually or in group context about labour legislation
• Assistance is given to individuals and/or the organisation regarding disciplinary action

  3.

• Relevant labour laws such as:
• Basic Conditions of Employment Act
• Employment Equity Act
• Occupational Health and Safety Act.
• Compensation for Occupational Diseases Act
• Labour Relations Act
• Unemployment Insurance Act
• Skills Development Act and Skills Development Levies Act.
  are understood and can be explained to as and when necessary
• Audits are carried out to determine compliance with relevant legislation and codes of conduct and reports are formulated in the appropriate format.
• Incidences of non-compliance are identified and reported to the relevant authority for corrective/remedial action to be taken.

  4.

• Tasks are delegated to team members and assistance is given when problems arise
• Team members’ work is monitored to ensure team and organisational goals are attained
• Efficient time management is applied to own and team work
• Conflict in the team is solved using effective conflict resolution methods
• Project management techniques and tools are applied effectively for own and team projects

  5.

• A case docket is prepared for a disciplinary action in accordance with labour legislation
• All incidents of incorrect behaviour by staff members that could lead to disciplinary action are investigated and reported on in the required format
• Evidence is given in a disciplinary and/or court case using appropriate protocols

  6.

• Reports, memorandums, etc are written using the appropriate language, format etc
• Written communications are read and responded to in the appropriate manner
• Effective oral communication is engaged in with all internal and external clients using the appropriate language, etc.

  Integrated Assessment

  The assessment criteria of the Qualification are embodied in the Unit Standards. The depth of technical expertise that will be assessed across the various specialist contexts are clearly articulated in the relevant Specific Outcomes, Assessment Criteria and Range Statements within these Unit Standards.

  Assessors should ensure that:

• Work output is in line with an agreed mandate, relevant service agreements and the department’s customer service standards applicable to the learner’s clearly defined work role.
• Methods, procedures and techniques of a clearly defined work role are applied consistently in terms of specific departmental policy, legislative requirements and departmental practices.
• The consequences of non-compliance with the department’s policy and/or legislative requirements are clearly indicated for practices required in a specific work role.
• Information is gathered, analysed and presented according to the requirements of the learner’s specific work role.
• Legislated requirements are applied in the work role.

  Assessors and moderators should develop and conduct their own integrated assessment by making use of a range of formative and summative assessment methods. Assessors should assess and give credit for the evidence of learning that has already been acquired through formal, informal and non-formal learning and work experience.

  Unit Standards associated with the Qualification must be used to assess Specific and Critical Cross-Field Outcomes. During integrated assessments the assessor should make use of formative and summative assessment methods and should assess combinations of practical, applied, foundational and reflective competencies.

  Assessors should keep the following general principles in mind when designing and conducting assessments:

• Assessment should focus in an integrated way on determining the competence of the learner in terms of the overall purpose and title of this Qualification. Where assessment of the overall purpose is impractical, focus should be placed on each Specific Outcome, or groups of Specific Outcomes.
• Evidence must be gathered across the entire range of competencies in the constituent Unit Standards of the Qualification. Assessment activities should be done in real workplace situations, and where simulations or role-plays are used, there should be supporting evidence to show the candidate is able to display the competencies to the real work situation.
• All assessments should be conducted in line with the following well-documented principles of assessment: appropriateness, fairness, manageability, integration into work or learning, validity, direct, authentic, sufficient, systematic, open and consistent as defined below:

  > Appropriateness:
  The method of assessment is suited to the performance being assessed.
  > Fairness:
  The method of assessment does not present any artificial barriers to achievement.
  > Manageability:
  The methods used make for easily-arranged, cost-effective assessments that do not unduly interfere with learning.
  > Integration into work or learning:
  Evidence collection is integrated into the work or learning process where this is appropriate and feasible.
  > Validity:
  The assessment focuses on the requirements laid down in the Standard; i.e. the assessment is fit for purpose.
  > Direct:
  The activities in the assessment mirror the conditions of actual performance as closely as possible
  > Authenticity:
  The assessor is satisfied that the work being assessed is attributable to the person being assessed.
  > Sufficient:
  The evidence collected establishes that all criteria have been met and that performance to the required Standard can be repeated consistently.
  > Systematic:
  Planning and recording is sufficiently rigorous to ensure that assessment is fair.
  > Open:
  Learners can contribute to the planning and accumulation of evidence. Learners understand the assessment process and the criteria that apply.
  > Consistent:
  The same assessor would make the same judgement again in similar circumstances. The judgement made is similar to the judgement that would be made by other assessors. 

However some Qualifications and Unit Standards in other countries have been identified as having some comparability to specific focus fields within the National Certificate for Inspection and Enforcement Services. Most of the unit standards relate to the Occupational Health and Safety areas, as well as to Communications Competencies.

Australia

• PUA DEF OH002A/01: Public Safety: Conduct Health and Safety Inspections
• OH002A/02 Negotiate with Stakeholders
• OH002A/03 Conduct Occupational Health Inspections
• OH002A/04 Finalise Occupational Health and Safety Inspections
• OH002A/05 Monitor implementation of inspection findings and recommendations
• PUA COM 0001 Communicating verbally.
• PUA COM 006A/01 Plan public awareness/information Presentation

  New Zealand

• Level 6, ID 7229, 15 credits, Complete routine inspections for industrial, commercial and multi-residential buildings. Sub-field= Regulatory Control.
• Level 6, ID 60426, 2 credits, Apply the Health and Safety Employment Aact

  Scotland

• EB 48, Intermediate 2, Level 11, Contributing to Health and Safety in the workplace, ID 161.
• ED SL, Intermediate 2, Level 11, Monitor and maintain a Healthy, Safe and Secure Workplace. ID 262.

  USA

• 100/2946/1 : C&G Level, Level 4 : Higher Certificate in Community Justice. This qualification contains a Unit Standard called ” Communicate and build relationships for Service Users”

  The USA Authority has also a rather large number of Unit Standards relating to ” Contribute to effective Working Relations”, such as J/101/3116

• A level 5 unit standard, part of a qualification (100/2968/0, NVQ 5 in Health and Safety sub-field is called “Enforce Statutory Provisions and brief a Prosecutor for the purposes of a Work-related Health and Safety Regulation.” 

As an example, this Qualification articulates horizontally with the following Qualifications at NQF level 5:

• ID 1051 National Higher Certificate in Safety Management
• ID 12219 Diploma in Labour Law

  Vertical articulation is possible with the following registered Qualifications on NQF Level 6:

• ID 15096, Bachelor of Arts: Industrial: Organisational and Labour Studies (Sub-field: Public Policy and Democratic Citizenship)
• ID 21093, Higher Diploma, Labour Relations
• ID 14353, Bachelor of Arts: Community Safety and Socio-legal Studies 

• Anyone assessing a learner or moderating the assessment of a learner against this Qualification must be registered as an assessor with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
• Any institution offering learning that will enable the achievement of this Qualification must be accredited as a provider with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
• Assessment and moderation of assessment will be overseen by the relevant ETQA according to the ETQAs policies and guidelines for assessment and moderation; in terms of agreements reached on assessment and moderation between ETQAs (including professional bodies); and in terms of the moderation guideline detailed immediately below.
• Moderation must include both internal and external moderation of assessments at exit points of the Qualification, unless ETQA policies specify otherwise. Moderation should also encompass achievement of the competence described both in individual Unit Standards, Exit level Outcomes and the integrated competencies described in the Qualification.
• Anyone wishing to be assessed against this Qualification may apply to be assessed by any assessment agency, assessor or provider institution that is accredited by the relevant ETQA, or by an ETQA that has a Memorandum of Understanding with the relevant ETQA. 

• Be registered as assessors with a relevant ETQA
• Be in possession of a Public Administration qualification at NQF Level 6 or above.