1. Association of Test Publishers of South Africa (ATP) Prof Hennie Kriek (ATP Chair) Oral Presentation:Parliamentry Portfolio Committee for Labour Cape Town 8 August 2013

2. Agenda Introduction to ATP South Africa Background to the use of assessment in employment Concerns regarding proposed changes to Section 8 Proposed alternatives and solutions Closing thoughts

3. The need for an Association of Test Publishers Founded in April 2005 when the Psychometrics Committee of the HPCSA requested the coordination of test publishers as stakeholder group

4. Association of Test Publishers ATP South Africa The Association of Test Publishers is a non-profit organisation representing providers of tests and assessment tools and/or services related to education, employment, certification/licensing or clinical uses.

5. Association of Test Publishers ATP South Africa Business organisations use a variety of tests as aids in hiring, placing or promoting employees. Industrial/Organizational test publishers are dedicated to promoting and advancing the role of quality, fair and valid assessment in the workplace.

6. Association of Test Publishers ATP South Africa Amos Laycock Consulting. Aprolab. Bioss Southern Africa. Corporate Solutions. Insights. International Training Network. JvR: Jopie van Rooyen & Partners (South Africa) (Pty) Ltd. M & M Initiatives. MAC Assessment & Development. Magellan Consulting. Mind Muzik Media. NMMU Student Counselling. Organisation & Management Technology. PI South Africa. Placements Incorporated. Potential Index Associates. Profiles International. SOI. SHL South Africa. Thomas International Management Systems (SA) (Pty) Ltd. TTS-Top Talent Solutions

7. Global trends in the use of Employee Assessment Globally increase in the assessment of people for selection, placement, development. Millions of individuals are assessed for skills, knowledge, abilities and other characteristics Jobs are studied to determine the requirements of successful candidates in the jobs Various devices and information are used by hiring managers in deciding who should get appointed or promoted Globally concern to ensure this process is fair and objective

8. Current: Employment Equity Act (Aug. 1998) CHAPTER II - PROHIBITION OF UNFAIR DISCRIMINATION Psychological testing and other similar assessments 8 Psychological testing and other similar assessments of an employee are prohibited unless the test or assessment being used: (a)has been scientifically shown to be valid and reliable; (b)can be applied fairly to all employees; and (c)is not biased against any employee or group.

9. Proposed Changes to the EEA Section 8. the addition of subparagraph (d) thereto as follows:- “(d) has been certified by the Health Professions Council of South Africa established by section 2 of the Health Professions Act, 1974 (Act no. 56 of 1974), or any other body which may be authorised by law to certify those tests or assessments.”

10. Proposed Changes to the EEA Section 8. In the Discussion of the Bill point 3.4, the amendment is described as: “Amendment of section 8 of EEA Only psychometric tests that have been certified by the Health Professions Council of South Africa, or another body which is authorised to certify such tests, may be used in tests on employees.”

11. Concerns with proposed changes Broad definition “Psychological testing and other similar assessments” but no outline what “other similar assessments” or “psychometric” means. In the discussion of the Bill the following is mentioned: “that only psychometric tests certified by the HPCSA may be used” (Classification vs Certification) Competence testing as described in the NQF should not be certified by the HPCSA. (typing test, literacy, artisans) Currently no legally compliant prescribed list of tests available or published by the HPCSA

12. Definitions of Psychometric and Psychological tests Psychometric means the measurement of people. Marketing people, performance management systems, and opinion surveys, organizational opinion surveys are all psychometric evaluations and they can and should not all be regulated by the HPCSA. It is therefore possible for any measure to have ‘psychometric qualities’ – validity, reliability, etc. – for example, skills tests, knowledge tests, interviews, 360- degree questionnaires, simulation exercises and questionnaires used in marketing.

13. Definitions of Psychometric and Psychological tests Psychometrics involves two major research tasks, namely: the construction of instruments and procedures for measurement; and the development and refinement of theoretical approaches to measurement. It is therefore possible for any measure to have ‘psychometric qualities’ – validity, reliability, etc. not only psychological test but – for example, skills tests, knowledge tests, interviews, 360-degree questionnaires, simulation exercises and questionnaires used in marketing.

14. Definitions of Psychometric and Psychological tests Unless used in the context of a ‘psychological test’, the term ‘psychometric’ cannot define acts that are limited to the profession of psychology or the HPCSA. In order to determine if a ‘test’ involved is a psychological test or psychological act, one needs to examine the test process and constructs it intends to measure. Typically this would then determine the control (ensuring ethical use, governance, policy development)

15. Classification or Certification of Psychological tests These taxonomies or test classification systems are similar to the classification taxonomy of medicine that regulates medicine. Some herbal medicine will not be certified by the HPCSA. Psychological tests, just as with potentially harmful medicine, should be regulated and certified by the HPCSA. Skills, Competence and knowledge testing is not part of any Health Professions domain and should probably be controlled by the National Qualifications Framework (NQF).

16. Ability of the HPCSA to cope with proposed new Definitions and any attempt to define and classify or certify psychological tests, should be defined in the proposed Psychological test classification system the HPCSA is currently working on (EFPA) There are other examples of classification systems the HPCSA is currently considering but this is not finalized Current uncertainty and confusion in the market regarding psychological test classification Classification of tests currently take years per test Interdependence of different governmental departments for same domain of litigation

17. Recommendation 1. There is no need to add any new or extra qualification to the act regarding Psychological testing or the Psychological testing is already covered in the current EEA and all employee testing needs to comply with scientific evidence of reliability, validity and fairness ) Employment testing as total decision making process needs to be evaluated and not specific tests. Employment Equity Commission should enforce current legislation and not add more clauses

18. Alternative Recommendation 2. Section 8 could read as follows CHAPTER II - PROHIBITION OF UNFAIR DISCRIMINATION Psychological testing and other similar assessments 8. Psychological testing and other similar assessments of an employee are prohibited unless the test or assessment being used: (a)has been scientifically shown to be valid and reliable; (b)can be applied fairly to all employees; and (c)is not biased against any employee or group; and (d) are Psychological tests certified by the Health Professions Council of South Africa established by section 2 of the Health Professions Act, 1974 (Act no. 56 of 1974), or any other body which may be authorised by law to certify those tests or assessments.

19. Closing Thoughts The current test classification system of the HPCSA is inadequate to cope with complexities and application of available assessment devices and testing Psychological assessment in clinical settings are fundamentally different than people assessment in the workplace HPCSA is now looking at other international test classification systems and evaluating the EFPA qualifications frameworks They recognize the current application is inadequate to accommodate current assessment and testing developments in our science

20. Closing thoughts We already have the most regulated environment in the world regarding assessment in the workplace We have well balanced and good Ethical rules of conduct for practitioners registered under the act (Government Notice R717, 4 August 2006) We have access to well designed international guidelines and frameworks (ITC, EFPA) Other legislation and guidelines are in place in SA, Employment Equity Act and Health Professions Act. SIOPSA Guidelines on Validation and Selection Procedures We need to educate and enforce current legislation

21. Questions?