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Q.

You are assigned to prospect an area for an extractable mineral(s). However, in your course of
works, you discover no such minerals but some other valuable minerals which your employer is
(are) not interested. On the other hand, the information you have is of great importance to the
adjoining interest. As an engineer can you release the particular information which you have to
the other party so that the minerals may be explored. Please discuss taking into consideration of
the IEM Regulations on Professional Conduct.

Introduction

As an engineer, we shall be responsible to our employer and take care his benefits unless it is
jeopardizing the community from health and safety aspect. Therefore, we do not disclose
information gained during the course of employment without permission of employer. The works
and information could be highly important and confidential for both the company and staffs.

Duty to employer

With awareness of our duty and responsibility in the company and to our employer, we should
also try to contribute to advancement of the industry and greater benefits of community. If in the
course of my works, some other valuable materials were discovered, the information shall also
be properly recorded and reported first to my employer. Though it is not interested by my
employer, the finding/ discovery can be used for goodness of society and possibly can reduce
and even recover the non-productive investment that employer put in. If the engineer feels it is
for benefit of the people and hope the mineral could be extracted, he could propose to his
employer. With permission by employer and disclosure of information in an appropriate way will
not scacrify benefits of the company.

Duty to Community and Industry

Without jeopardizing the benefits of employer and to contribute to advancement of the industry, I
shall report the findings to employer and possibly followed with submission of proposal to
employer for possible joint venture or information sharing/ selling to another party which they
make use of the valuable materials.

By doing so, we could abide by fulfilment of our duty to employer and contribute to
advancement of the industry in morale way.

No wastage of resource (both natural and efforts)

In addition, if employer agrees to disclose the information, which was not useful to us but is of
great interests of the other know party, we avoid waste of efforts and resource put in. The useful
material could also be extracted for benefit of community.
Disclosure of Information in proper way

As per earlier paragraphs, we shall take care the interests of our employer. All information and
success gained during our course of work with current employer could be important for future
development of the company and colleagues. If we feel that the information though not useful to
us but to others, we can propose disclosure of information to employer and let them to make
decision for better advancement of the industry and society at large.

Look after members in the industry

All players in the same industry can compete and help each other. by doing so, the industry can
make progress in a faster pace. The outcome is always everyone become more competitive and
cost in production. By helping others in the industry, we create healthy cooperation with others.
In return, we will also gain their assistance infuture.

Conclusion

In the course of our works, we report our findings to employer. In the same time, we make our
works benefiting the society. Disclosure of information, if with good reasons, shall be done in an
ethical manner. The interest of our employer shall be safeguarded. For this case, we shall gain
permission from employer or propose to employer our ideas.
Q.3

Mr X is a project engineer for a project contracted to Y company owned by Mr Z. Mr Z told Mr X


that he is ordering latest model of electronic gadget for his company staff and he can get a set
for Mr X at the company discounted price. Mr X agrees and pays on delivery. Did Mr X breach
the IEM Regulations of Professional Conduct?

“It is the responsibility of every engineer to give highest regard to his profession and conduct
himself with integrity when executing his tasks. “ Discuss this statement in detail within the
context of the Malaysian environment.

Introduction

In Malaysia, when dealing with contractor and subcontractor, it is often unavoidable to have
close and routine liaison with them. It is often some sort of habits such as gift hampers, petrol
allowance, provision of cars, vouchers, some sort of benefits and discount for purchase orders
are always seemed “normal” and not a trait or significant matters that may involve some sort of
inappropriate intention and conflict of interests.

However, as engineers, we shall always conduct ourselves responsibly, ethically and sincerely.
In course of works, we make sure works being carried out and delivered to meet the intended
use, quality and required specification. As such, we shall receive remuneration and benefits only
from our employer and not others. It is essential to avoid inappropriate actions or decisions
during discharging our duties to employer.

For the case of Engineer X to accept the offer, by Mr. Z, the latest model of an electronic gadget,
at a discounted price, is seemed a bit breaching the IEM regulations on Professional Conduct. It
is because the discounted price indeed can be considered a valuable consideration. Though the
engineer X is contracted to Y company owned by Mr. Z, engineer X is already accepting
remuneration from his employer who contracting him to Y company for the project. He shall not
accept financial and benefits from more than one party for the same project. If Mr. Z appreciate
engineer X for his efforts in the project, he could still make such offer but it is more appropriate
to offer via his employer to engineer X.

For the working environment, the habits could sometime affect the effectiveness of instruction/
command when we are discharging our routine duties if we have taken some sort of benefits
from another, except it is stipulated inside contract of employment.

Engineer shall be honest when discharging his duties

As an engineer, we shall be honest when carrying out our routine works in work place. We shall
not expect benefits in any kind from others except from our employer. Our firm standing of not
accepting any kind of benefits other than from our employer could help us dealing with others
confidently and earn their cooperation in getting works completed without jeopardizing the
quality.
Engineer shall uphold the dignity of the profession

Engineers are needed to perform their duties with integrity. Engineer take care the work quality,
safety and environment. Engineers shall not accept commission and request commission or
other similar financial consideration except their stipulated fee and wages as per employment
contract. It is important to safeguard the good image, professionalism of the profession and
ensure the career a sustainable one.

Engineer shall ensure his work meet the needs, specification, no danger

Without taking benefits from others, engineer and other members in the industry can cooperate
and make the project completed in a truthful way. For all projects, it is priority to ensure work
quality to follow design specification and meet intended use.

Engineer shall accept only remuneration, fees and benefit of his employer

Unless the benefits are stipulated into employment contract prior to commencement of work,
engineers shall not accept unstated kind of benefits. It is important for engineers to carry duties
with integrity.

Conclusion

A Registered Engineer shall not solicit or accept financial or other valuable consideration,
directly or indirectly, from outside agents in connection with the work for which he is responsible
unless the circumstances are fully disclosed and agreed by all interested parties.
Q.4
Professionalism cannot be taught by regurgitating (repeatedly speaking) the IEM Regulations of
Professional Conduct nor by memorizing a set of rules. Do you agree with the statement and
why?

Introduction

IEM regulations of professional conduct are written rules and principles for members to conduct
themselves in ethical and morale manner when discharging their duties and carrying their works.
The regulations and rules are written in broad and general terms and cover all eventualities.

The regulations, basically, require members to uphold the dignity of the profession, be honest
and fair to all parties, ensure works constitute no danger, do not jeopardize the benefits of his
fellow engineers, etc.

By memorizing this set of regulations and rules, though cannot ensure professionalism of an
engineer, these rules are introduction and basic qualifying requirement and essential guidelines
that all members must remember. After memorizing and understand them with heart, the
following aspects are also much desired to attain professionalism of the engineers.

Self-awareness and agreement to the importance of stipulated rules and regulations

Laws, regulations and rules are being introduced, developed, improved and enforced when
society was forming and growing. In other words, civilisation was created with co-existence of
rules and regulations. The rules and regulations are reference of accepted conducts for own
comfort from all aspects and not jeopardizing the same of others. All members in the community
will live in harmony situation and to make progress with healthy and positive competition ways
when there are orders and everyone adhered to them.

For one to adhere to rules and regulations, his agreement and understanding to the rules is
important. Then, he will only pledge to follow the rules.

For instance, some of the IEM regulations of professional conduct prohibit members from using
self-laudatory works in advertisement or do not maliciously injure the reputation and prospect of
other engineers.

In my opinions, engineering works are application of science knowledge to improve living


standard of human. Engineers are those involved with the roles. This kind of roles are
informative and implementation patterns and not adjective and praising ways. It is important so
that we can perform our duties with real understanding and attending to engineering problems
sincerely. We do not say or make public perceive that we could perform something
extraordinary or can do much better or no one else could able to do similar. This rule is
essential to avoid wrong perception from the public and to show our sincerity to contribute to the
community while taking care of our business prospects.
Engineers shall not injure other engineer both from words and any kind of unethical methods too.
Should they want to compete, they compete with their skill and expertise to strive for valued
engineering design and front end engineering design. With such healthy competition, both will
further improve their own competence, benefiting themselves and the nation.

Practise/ Self-discipline to follow rules

Upon one agrees and understands the rules and regulations are for all members to conduct
themselves in an order and ethical ways, which will eventually strengthen the attractiveness of
the profession as a rewarding career; one will follow and practise the rules and regulations.

Continuing Professional Development

Competence is important for advancement of oneself and for the industry as a whole. Though
one’s practises to-date provide safe and reliable works, technology are becoming more modern
compared 20 to 30 years ago. Engineers, in old days, strive for safe, reliable works and meet
schedule. For nowadays, in addition to safe, reliable and within schedule, the clients, industry
players and public are also demanding for valued engineering design, front end engineering
design (FEED), Green buildings and etc.

In other words, the industry is becoming more demanding. We need to cope with latest
development of technology, new knowledge and open to its application. By continuing study and
develop our competence, only can we keep our pace to provide excellent services to clients and
public from all aspect such as safety, reliability, valued for money works, contemporary design
and not jeopardizing the environment.

By continuing professional development, we enhance our competence and compete confidently


to secure jobs and maintain business prospects. By becoming more competent, we could
achieve professionalism and do not need unethical approaches.

Whistle blowers/ Enforcer such as Board of Engineers, Malaysia

There are sometimes some “bad apples”. Therefore, there must be an enforcement system in
place. “Bad apples” are like small moles, but catch most attention and could be a crisis once
appear and not be removed.

In Malaysia, Board of Engineers (BEM) is the regulatory body to register and deregister
engineers. There are also mechanism and reasons, stipulated inside Registration of Engineers
Act 1967 (Act 138) (REA), how an unethical offences that can lead to suspension or
cancellation of registration of an engineer.

However, BEM does not able to play her roles and responsibilities unless there are whistle
blowers and the similar mechanism within Institution of Engineers Malaysia (IEM). By adhering
to IEM rules and regulations, we could abide by most of the regulations by BEM and REA which
both are reference for engineers to maintain professionalism.
Promoter of good practices and network among members such as Institution of Engineers,
Malaysia

Interaction among engineers is important. Via interaction, people with similar abilities,
qualifications, background and job nature can become peers among themselves to move to
ethical direction. They could learn, share ideas, monitor and motivate each other.

By becoming members of Institution of Engineers Malaysia (IEM), we can enhance our


competence by participating talks, seminar organised by IEM and share ideas and experience
among members. By becoming IEM members, we promise to abide by IEM rules and
regulations. If any of the members breach the rules, he shall feel shame and will not earn the
respect of others.

Guidance/ Mentor system

Young engineers are drivers of the industry and profession in future. It is relatively easy for them
to acquire academic qualification and technical expertise under supervision of a registered
professional engineer. However, both academic and technical skills are not total for
professionalism. Professionalism shall include ethical behaviour too.

Hence, it is of paramount important that supervisor to monitor and guide their trainee the ethical
practices when handling project and bear in mind his obligation to his clients and duties to public
and environment at large.

Conclusion

Regurgitating IEM regulations on professional conduct is basic qualifying requirement to attain


professionalism. In addition to that, members shall have strong agreement to the rules and
regulation, feel proud and honour to follow the rules. It is because their pledges to follow the
rules are to maintain the sustainability of the profession and make the career to continue to be
rewarding and respectable ones.
Q.5
The IEM Regulations of Professional Conduct speaks against active self promotion and
advertisement. In what ways should such restraint enhance the stature of engineers as
professionals? More importantly, given the advent (arrival) of information technology age where
virtual reality is becoming norm, how would any violation of the IEM Regulations of Professional
Conduct be detected and dealt with?

Introduction

IEM regulations of professional conduct are written rules and principles for members to conduct
themselves in ethical and morale manner when discharging their duties and carrying their works.
The regulations and rules are written in broad and general terms and cover all eventualities.

The regulations, basically, require members to uphold the dignity of the profession, be honest
and fair to all parties, ensure works constitute no danger to public, do not jeopardize the benefits
of his fellow engineers, etc.

One of rules is member shall not use self-laudatory language or in any manner derogatory to
the dignity of the profession, to advertise or write articles for publication, nor shall he authorize
any such advertisement or article to be written or published by any other person.

All these IEM regulations of professional conduct, including prohibit of active self-promotion and
advertisement, are to enhance the stature of engineers as professionals and further promote the
profession as an attractive and rewarding ones.

How the prohibition of active self-promotion and advertisement to enhance professionalism?

Active self-promotion and advertisement like sales and marketing industry may result the use of
self-laudatory language. In my opinions, engineering works are application of science
knowledge to improve living standard of human. Engineers are those involved with the roles.
These kinds of roles are informative and implementation patterns and not adjective and praising
ways. It is important so that we can perform our duties with real understanding and attending to
engineering problems sincerely. We do not say or make public perceive that we could perform
something extraordinary or can do much better or no one else could able to do similar. This rule
is essential to avoid wrong perception from the public and to show our sincerity to contribute to
the community while taking care of our business prospects.

However, consultancy services are businesses too. When a prohibition was imposed, resources
such as personnel, time and money earlier allocated for the advertisement could have be
channelled and used for better ways. For instance, these resources can be allocated for training,
purchase of latest analytical and design software, new equipment such plotters and PCs for the
office. All these training can enhance the competency and efficiency of all engineers. In other
words, such restraint of active promotion can promote efforts to maintain and develop
professional competency by attention to new development in science and engineering relevant
to his field. Fruitful competition are based on competence, creativity, innovation, valued
engineering design, front end engineering design (FEED), etc rather than merely active
advertisement.

In addition, the restraint can avoid unhealthy competition among engineers such as deduction of
fees. This approach to secure works is definitely detrimental to the profession and other
engineers. The impacts are the profession could no longer be an attractive and rewarding one.
In future, there will less and less talents willing to join the profession making the industry not
sustainable and stagnant from advancement.

Such restraint may promote close collaboration among engineers of different discipline and
expertise too. It is because the projects nowadays are growing in complexity. As an engineer,
he does not speak and make public statement without ensuring his qualification and undertake
jobs that are out of his area of expertise and competence. By pooling all discipline of engineers,
they work and collaborate with one another. Eventually, they can contribute to nation in efficient
ways.

How to detect such violation of active self-promotion and advertisement?

Again, as per earlier sub-chapter, active self-promotion and advertisement like sales and
marketing industry may result the use of self-laudatory language. It could sometimes become
worst if there is any manner derogatory to dignity profession.

Therefore, the violation can be detected by identifying the presence of these two elements of
advertisement and articles published on both traditional media and online. If one uses self-
laudatory language, the statement is unlikely providing informative details tally with his
qualification, capacity and competence. Both Board of Engineers Malaysia (BEM) and Institution
of Engineers Malaysia (IEM) have the directory and registration details and public could access
via online to check the registration of individual engineer.

How to deal with the violation of active self-promotion and advertisement?

Peer system within Institution of Engineers Malaysia

Communication is important among engineers. Via communication, people with similar abilities,
qualifications, background and job nature can become peers of among themselves to move to
ethical direction. In addition, they could learn, share ideas, monitor and motivate each other.

By becoming members of Institution of Engineers Malaysia (IEM), we become peers among


each other. By becoming IEM members, we promise to abide by IEM rules and regulations. If
any of the members breach the rules, he shall feel shame and will not earn the respect of others.

To enhance competence

Competence is important for advancement of oneself and for the industry as a whole. If one
becomes competent, he does not need self-laudatory languages and unethical approach to earn
his prospects. As such, the continuing professional development programs organised by
accredited organisation such as BEM and IEM are much anticipated.

Whistle blowers/ Regulators/ Enforcement such as Board of Engineers, Malaysia


There is sometimes some “bad apples”. Therefore, there must be regulators and enforcement
system in place.

In Malaysia, Board of Engineers (BEM) is the regulatory body to register and deregister
engineers. There are also mechanism and reasons, stipulated inside Registration of Engineers
Act 1967 (Act 138) (REA), how an unethical offences that can lead to suspension or
cancellation of registration of an engineer. One of the by-laws also stipulates that a registered
engineer shall not advertise in any manner or form in connection with his profession (Item 27c)
except as permitted by BEM.

However, BEM does not able to play her roles and responsibilities unless there are whistle
blowers and assistance of IEM.

Most registered engineers are also members of IEM. IEM has similar mechanism to suspend
membership of default members. Hence, the close collaboration from both BEM and IEM since
earliest days is dealing with the matters.

By adhering to IEM rules and regulations, we could abide by most of the regulations by BEM
and REA, which include the prohibition of active self-promotion and advertisement.

Conclusion

Prohibition of active self-promotion and advertisement are not means to restrict growing of
business of individual engineer. It is indeed encouraging competency with allocation of
resources into enhancing competence and skills. The restraint could avoid unhealthy
approaches which shown desperation to secure jobs but jeopardizing the profession as a
rewarding career as a whole and in the long run.

Q.6
You are an engineer and it is known that your project activities/ plant production had cause an
adverse health, safety and/ or environmental (HSE) impact. To improve the HSE quality, you
have to cease your project activities/ production for a period, resulting in the inability to meet the
schedule and targets. How would you handle in a situation where there is a conflict between the
IEM Regulations on Professional Conduct and commercial consideration?

Introduction

According to IEM regulation on professional conduct, members shall ensure that his works and
products constitute no danger, cause no health issues and no damage to the environment.
When there is conflict of interest between his own and others especially the community, his
shall uphold the benefit of the community and his duty to them must prevail.

In addition, it is responsibility of all humans to not polluting the environment, not initiating
irresponsible actions that will jeopardize others and own good health and safety. All economic
activities and development will only become sustainable if people are healthy, work places are
safe and environment is clean.

Like sickness, prevention is better than cure. If the sickness has unfortunately arisen upon us,
we shall open to medical examination and accept the cure.

If my project activities or plant production had cause an adverse health, safety or environmental
(HSE) impact, I will report, discuss and advise employer for stipulated period for repair and
rectification works. If it is deemed necessary, due to benefits of workers and public from HSE
aspects, I will recommend too about ceasing of project activities and production though that may
resulting in the inability to meet the schedule and targets.

In the same time, I will quickly kick off the repair and rectification works, along with contingency
plan such business response plan to catch up schedule of project activities and production after
repair works with all relevant colleagues and staffs.

The prime action is definitely to settle the HSE matters. While in the same time, we plan and
arrange in advance plans to recover business and project activities or production back to tracks
once the HSE matters are settled.

Stop work

Occupational, Safety and Health Act 1994 is the law to govern the safety and health at work
places while Environmental Quality Act 1974 is the law to govern environmental matters in
Malaysia. For construction and manufacturing industries, which often involve the use of heavy
machine and equipment, Factories and Machinery Act 1967 is the law to govern the safe use of
machine during work and after installation for tenant use.

Under the acts, both employer and employee have obligation to ensure safety and health at
workplaces and not causing environmental problems. If offended, fines and imprisonment could
be imposed.

Nowadays, many companies have their own HSE policy too, which could be more stringent
because industry oriented requirement such as oil and gas industry. By adhering to company
HSE policy, it is sometimes abide by the laws. In addition, the self-voluntary stop work is not
merely obligation to laws, it is indeed our commitment to HSE and sustainability of project
activities and business. Stop work at early stage when problems are identified, rather than
waiting until serious damage take place, could maintain good corporate image and make the
business sustainable.

For construction industry, one errant contractor with occurrence of bad HSE incidents would not
be welcomed by client and could be blacklisted from future bidding of projects.

Repair/ rectify the problem within schedule

The stop work period provide full access of all relevant personnel and measurement to repair
and rectify the problems.

The cause of problem and remedy methods, should have already identified prior to or
immediate to be identified after stop work initiated. If it is the machine problem, the machine
shall be repaired and replaced. If it is the work place, which are messing and could cause safety
concern because of negligence, the place shall be cleaned and arranged in order. If it is the
work process could cause the HSE matters, the expert and relevant personnel shall modified
the work flow with involvement and briefing to all staffs. If it is the competency of the staffs,
training shall be provided.

For instance, mining industry could catch worldwide attention because HSE matters once occur
are often serious and accompanied with loss of lives. If it is noticed that there is uncomfortable
signs about the tunnel access and its underground structures, the stop work is inarguably the
best option to uphold safety of the workers. It is unavoidable that no production during the
period until full strengthening of the underground access rather than permanent closure issued
by authority.

Miscellaneous response plan

As per earlier sub-chapter, the stop and problem rectification work are not deterrents to
business growing or achievement of business target but to ensure sustainability and to achieve
goals, which is including the project schedule.

During the stop work and repair work period, planning and schedule to catch the project and
production activities can be carried out, which can cover all aspects after the completion of
repair works. The planning can cover order and delivery of materials, sourcing for suitable tools,
machines and technology to carry work in an efficient and speedy ways, training of staffs to be
more skilful and employment of additional manpower.

In addition, the current encountered difficulties can be informed to and discussed with clients.
This is to show our sincerity and commitment to them for quality excellence and to safeguard
their interest too. Benefit of all parties will be affected if HSE matters are not taken as priority.
Rational clients may provide extension of time for completion too.

Car manufacturers such as Toyota and Honda have shown to the world of their commitment
and responsibility to users of their cars. They recall back their products and rectify them. Such
actions do not hurt their business but indeed helping to boost to higher level of consumer
confidence. This is definitely good example to all players of other industries too.
Conclusion

In other words, efforts and incorporation of HSE concern into project activities and production
are not merely obligation to laws but also aligning to sustainability of commercial interest and
consideration. For my project activities and production, if HSE matters are affected, I will
definitely rectify the matters first and follow up with response plan to catch up the schedule for
the project activities and production.

Q.8
Engineers are always entrusted with the responsibility of implementing large-scale projects
involving millions of dollars. In view of the large amount of money changing hands, the integrity
and ethical standards of engineers are being put to test. What measures can an engineer take
to prevent corruption and unethical practice of cutting corners in order to safeguard the good
image of the engineering profession?

Introduction

Though engineers contribute to nation in general, public sometimes cast suspicious feeling of
possible unethical conduct, bribery and corruption upon engineers and others in the
construction industry when there are failure of engineering works. For instance, public is
inevitably doubt about the integrity of engineers when the collapse of steel roof at Sultan Mizan
Zainal Abidin Stadium, cracking of pier structures of MRR2, collapse of a building at Petaling
Jaya during demolition works, delays of completion of mega projects, boosting up of project cost
and etc. These cases have resulted bad perception among the public about the ethical behavior,
competency and responsibility of engineers and others in the industry.

It is often, when failures of engineering works take place and boosting of project cost is reported,
public perceive possible corruption has taken place. The investigation of trueness of the
perception upon engineers or others in the industry to be handed over to relevant parties such
Board of Engineers and Ad hoc committee set up for the objectives.

Notwithstanding to trueness of the perception, engineers shall still take actions and behave
themselves in professional manners to safeguard the good image of the profession. The good
and responsible actions are much needed from engineers for the sustainability, advancement of
the engineering profession and good prospect to those involved in the career. Some of the
actions are:

a) Adhere to code of ethics and abide by laws, rules and regulations

Engineers shall be well versed with rules and regulations relevant to his practices and
registration such as Registration of Engineers Act 1967 (Act 138). Section 15 of the act
stipulates that an engineer can be suspended and cancelled his registration with the board if he
is found to offer or accept illicit commission and involved with dishonesty and fraud practices.

Rules and regulations from both Board of Engineers Malaysia (BEM) and Institution of
Engineers Malaysia (IEM) also prohibit engineers from accepting remuneration from others
except from his employer when discharging their routine duties and responsibility.

Therefore, engineers shall follow the rules and regulations when discharging their responsibility,
which is also directly to maintain the dignity of the profession and fellow engineers.

In addition to Registration of Engineers Act, Street, Drainage and Building Act 1974 (Act 133),
Uniform Building By-laws 1984, Occupational Safety and Health Act 1994, Factories and
Machinery Act 1967, if could be well studied and remembered by engineers, also can enabling
engineers discharging their duties and liaising with all parties confidently. All these acts are not
restricting prospect and performance of engineers but instead are useful reference to safeguard
the good image of engineering profession and construction industry.

b) Executing works, duties and responsibilities according to appropriate work procedure


Engineers shall follow generally accepted, but not burdening work procedure, to prevent
possible occurring of unethical behavior and bribery.

For instance, site engineers may inform head office, after reporting to project manager, about
the much needed construction material at project and also may attend to new product
presentation from salesperson. However, the quotation, purchase order, invoice and payment
method shall be followed by others and colleagues from relevant department such as
purchasing department.

For site engineers, he shall inform and request the presence of resident engineer or clerk of
works, who are normally act on behalf of consulting engineer and project owners when there are
testing works. For instance, it is advised that presence of third party engineer (not from
contractor) to witness the preparation of concrete cube, cube test work, piling works, early setup
and reading of gauging instrument for Maintain Load Test, etc. This work procedure and
request could prevent unethical behavior due to conflicts of interest. In other works, people to
execute the works, the person to certify the results or quality and the party to make the payment
are recommended not the same individual.

With the above work procedures, pay master and certifying parties of different parties could
avoid unethical and corruption.

c) Be open-minded, transparent when conducting assessment and make decision

An engineer shall be open-minded and transparent when discharging his responsibility with
other professional counterpart and project owners.

For instance, if the engineer is the one that project owner rely mostly for advice of award of
contract, he shall be well versed about the tender document and specification. Then, he
subsequently makes fair evaluation including assessment to possible counter proposal from all
aspect such as specification, completion period, capability and price to meet client’s
requirement.

Such open-minded and transparent situation could be promoted by conducting tender interview
with presence of project owner, members of the consultancy team and allow queries and
presentation by all bidders. All discipline of the consultant team members to take care their
respective technical roles.

With open mindset, check and compare all proposal and options in transparent situation, without
stick or keen to one, the best decision can be made and unethical behavior avoided.

d) Engineering decision made via team and committee

Engineering works often involve millions of ringgits. Hence, it is promoted decision made by a
group of members of all relevant discipline and stakeholders via situation at sub-subject
c). Being at transparent situation, conflict of interest could not easily be hidden and unethical
behavior can be prevented.

e) Do not abuse authority (power) for own interest and report conflict of interest

Abuse of authority could be prevented with practice as per earlier sub-subject c) especially for
conventional contract.

In addition, engineer should report in writing about conflict of interest to client. It is even more
appropriate if he reject appointment as consulting engineer for the same project if he have
substantial stake of the contracting or supplier firm and keen to bid for the contract. By choosing
whether to work as consulting engineer and contractor only, we could avoid conflict of interests
and unethical behavior.

f) Conduct routine inspection and spot check

The professional engineer, though with his appointed representative at site, shall also conduct
spot check or inspection to site. If possible, the inspection shall be periodical. He shall read and
check the site dairy and record too. Spot check and periodical inspection to site may enable
engineer to provide early reminder so that work quality can achieved and unethical conduct
could be prevented at site.

g) Work Audit (Check and balance)

An engineer shall be aware and open that his works can be reviewed and audited if requested
by project owners. Internally, there shall be a superior or employer supervising his works. Hence,
he shall not accept bribery or be involved in unethical behavior in any manner.

h) Practice zero tolerance to corruption

Engineer shall report immediately of unethical behavior and corruption to Board of Engineers,
Malaysia, Institution of Engineers Malaysia and Association of Consulting Engineers for
unethical behavior. For bribery and corruption, the case shall be report to Anti-corruption
agency.

i) Continuing Professional Development

All engineers shall strike for excellence for their works. In order to strike for excellence,
engineers shall always continue study and follow the latest development of technology relevant
to their field of works and others. With continuing self-improvement, engineers could become
more competent when discharging their duties. When an engineer or any person became more
competent, he does not rely to not morale and not ethical actions.

We could become more competent by joining the Institution of Engineers Malaysia, where we
could take part in seminars, talks, discussions. We could meet other fellow engineers, exchange
view, share our work experience and ideas. By becoming more competent, we do not need
unethical practice of corruption.

Conclusion

Engineers play significant role in developing the nation. Almost all mega projects that are
needed to put our nation into developed conditions need engineers. Therefore, engineers shall
have ethical behavior which is much anticipated to contribute to healthy and competent work
culture while contributing to the physical and hardware aspect.

Q.10
Most projects are awarded on competitive bidding basis. Supposing you had been the
designated engineer of one of the bidders that was not awarded with the letter of intent by the
Client. You are then approached by the ‘winner’ to join the Consultant Team. Should you accept
the second appointment? If yes, describe the situations, which might be seen as conflict of
interests. If no, describe the reasons and/ or clear cut situations why you should decline the
second appointment.

Introduction

We, as engineers, do not injure directly or indirectly the prospect of another engineer. In the
same time, we shall be faithful and honest with our client and employer. In discharging our duty
and carrying our works, we shall bear in mind that fair and honest dealing with all parties is
essential principle. If there is conflict of interest of oneself with others, we shall act with integrity
and fair toward others.

For the scenario which I was approached by the “winner” to join his consultant team, I presume
the invitation to bid and the project are of design and build contract. I was the engineer of
another contractor who has not successful bidding the contract. Upon announcement of the
“winner”, the “winner” offers the appointment as their engineer to us.

In my view of points, I may accept the invitation because of the following reasons and with the
following conditions.

Completion of duty and responsibility to current employer

For design and build contract, which both contractor and consultant are working together to bid
the project, contractor is the leader and appoint his consultant. The letter of appointment is often
issued after successful bidding of the project. For ethical practise in the construction industry,
the original engineer working together with contractor shall be appointed. In other words, no
letter of appointment is issued or no official appointment of engineer will be carried out if the
bidding is not successful.

During the bidding process, engineer shall be faithful and honest to his employer. He applies his
best knowledge, skills and efforts in assisting his employer to bid the contract. Upon successful
bidding and with the official appointment, he works together with his employer to ensure
successful implementation.

If fail in the bidding stage, engineer’s duty and responsibility to original employer has completed.
Hence, I may consider the invitation of the “winner” subject to condition in the following
paragraphs.

No improper termination of consultant of “winner”

For construction industry, it is only considered ethical and appropriate to appoint consultant who
have assisted the contractor during the bidding works once successful in the bidding process.
However, there is always some bad “apples”. Errant people may like make use of another’s
efforts.

Therefore, I shall communicate and check the reasons of termination of the consultant of the
“winner”. I shall consider accepting new appointment if there is no errant happening in the
termination of services of another engineer. If the works have started, I shall only take over if
there is written consent by the engineer and formal notification by “winner” that the services of
other engineer have been terminated and no arrear is due.

In other words, I shall only accept the appointment of “winner” after receipt of release letter of
the engineer.

No fee reduction or discount

In order to prevent unethical practises by errant players in the industry, there shall not be fee
reduction or similar like discount, for acceptance of appointment as new engineer to the “winner”.
Engineering consultancy services (ECP) are professional services to design and advice the
client for reliable, valued and front end engineering works. It is unavoidable for clients to bargain
for cheaper price but engineers shall not compete with one another by slashing their fee. The
act will downgrade the technical competency of engineers in the long term and make the
profession an unattractive one.

In my view of points, it is good if the scale of fee recommended by BEM to be adhered to.

No disclosure of business information and copyright with current employer

All works, done with current employer, could be considered property and business information
of current employer. Though we fail to bid, we shall not or simply disclose the information to the
“winner”. This is because current employer could still compete and bid for other project with
current information, which are works of both current employer and us. Furthermore, I will
possibly his engineer too. If I disclose the information to the “winner”, it is conflict of interest.

Rights to review, redesign, use and not to apply the design of original engineer of the “winner”

Engineer bears his responsibility with him to grave. Though the design of other engineer is well
prepared and done, the engineer who take over the jobs shall monitor and ensure successful
implementation and construction. He therefore need to review, check and possible redesign if
not all but still there could be substantial part needed to be checked.

By accepting the invitation or appointment of the “winner”, it is merely change of responsible


engineers to monitor, supervise and handle the project. The new engineer shall still discharge
his duty and responsibility to “winner”.

Hence, engineers shall not accept wrongful offer by “winner” with the all kind of reasons to
substitute engineer and try to appoint a cheaper one.

Conclusion
As an ethical and responsible engineer, we shall take care the interest of our employer and
ensure duty and professional services rendered to him are completed. We shall avoid conflict of
interests by not assisting two clients who are opposite competing sides at the same time. If it is
unavoidable, we shall inform both of them and let them to make decision or we choose one.

In the same time, we do not attempt to take over the business prospect of another engineer
unless the engineer consents and there is no unethical and errant practise in replacing the
original engineer.

Q.13
Assuming that you are the principal partner of a reputable engineering-based firm in a small
state in the country. Your family is very well reputed, respected and influential, having lived and
worked in the state for decades.

Leaders of certain political party approach you seeking your assistance to campaign for them in
the forthcoming state by-elections, they have promised to award your company with all the
major projects awarded by the state government. It is desirable for your firm to secure new
projects. Discuss critically on your actions, taking account of the IEM’s regulations on
Professional Conduct.

Engineer, when called upon to give opinion, shall give opinion that is reliable. Prior to any
statement made, he shall ensure his qualification to make such statement. No one shall benefit
from his statement with prospect and fair treatment deserved by others being scarified.

For the scenario, which I were principal partner of a reputable engineering-based firm and my
family was well reputed, respected and influential in the small state, I believe the respect and
credits to our family are due to genuine and honest contribution from all family members since
decades. As an engineer, I presume the respect earned from genuine efforts and contribution to
public services, design, buildings of public amenities to the small state.

Hence, I shall continue to take the interest and benefit of community as the priority. In the same
time, I shall not scarify the dignity of the engineering profession and company.

In other words, I will reject the invitation of errant leaders of political parties to assist them in
campaigning in the coming state by-election in order to secure major projects after election.

Uphold the dignity of profession

The dignity of the profession of engineer shall be upholded. We shall not campaign for the any
political party with the name of well-known engineer and his reputable firm. Engineers are to
provide professional services and accept remuneration for services rendered by them.

All engineers shall not exchange the dignity of the profession for his own benefits but harming
the image of the profession.

Maintain company image and interest of fellow partners

For the scenario, which I were the principal partner of reputable engineering-based firm, I have
duty and responsibility to safeguard interest of fellow partners and all staffs too. Though the firm
desires to secure new projects, the project shall be obtained via ethical appropriate channel
such as via open bidding process. This should be the successful secret of the firm to-date.

All fellow partners also have high standard of ethical behavior and competent. They are
definitely not supporting to secure new project via supporting errant leaders of political party. If I
choose to support the errant political leaders, the company image and interest of fellow partners
could be jeopardized because voters definitely reject errant political leaders and unethical
approaches.
Do not jeopardize the prospect of other fellow engineers

All projects, especially government initiated for the benefits of nation and people, shall only
awarded via competitive and open bidding process. For the scenario, which I were already
principal partner of a reputable engineering firm, I presume I should already an elder engineer in
the industry. Therefore, it is reasonably that both my firm and I do not jeopardize fair opportunity
to other fellow engineers.

All engineer with appropriate competency and skills shall be given chances to secure the
projects. In the long run, all engineers will become more competent and it is definitely good for
the industry, profession and public.

Contribute to sustainable development of the profession

All benefits obtained via inappropriate and unethical approaches are short term and not
sustainable. Both inappropriate and unethical approaches, may in short period, make oneself
gain. However, it is damaging both the individual and others in the industry because there could
be many to follow unethical approaches. If this situation happens, the profession will become
unattractive and not sustainable.

Be integrity and competent


Engineers’ works often involve millions of ringgits. The works are often related to benefits of
public, nation and clients. Hence, we shall be integrity and transparent in both implementation of
project and efforts to secure projects. With integrity, only public will perceive engineers are
competent and not errant.

Accept remuneration from employer for services rendered


Engineers accept remuneration for professional services, for their competency and professional
services, rendered to clients. They only take responsibility that they are confident to discharge.

The errant leaders of political party, though make promise to award major projects upon winning
the by-election, are not client to engineers. The administrator of the major projects is
government, which are elected representatives by people. The clients are the government and
people.

Should my firm was chosen for the major projects, it is remuneration for services rendered.

Make reliable public statement and relevant with qualification


Engineers are professional people with technical qualification and competency. He shall not
make public statement which he is not deemed the qualified and suitable person to make. He
shall not wrongfully make statement that resulted public perception that his fellows, company
and all association memberships that he may have linked to backup and support of his
statement. If he does otherwise, no one indeed will benefit but creation of bad image to his own
and others.

Do not improperly solicit work


By assisting the errant leaders of political party and in return for award of major project, in my
opinion, is improper act to solicit works too. It is because there is no ethical method to secure
jobs and it can be considered benefits accepted other than employers.

Both the government and the people indeed, are the employers and clients, if the projects
awarded to engineers.

Conclusion

Though it is desirable for a firm to secure projects, the process shall be transparent and via
competitive bidding process. Jobs awarded with hidden secrets and unethical method will not be
sustainable for the firm. It is because the firm could have lost his competency. Furthermore, as
an elder reputable engineer, he has greater responsibility to show good sample to his peers for
advancement of the profession.

In other words, I will reject the request of the errant leaders of political party. If he is willing to
listen, I will further advise them to listen to people and sincerely to provide services to people.
With that, only will they gain victory in the by-election and supports from people.