INSTITUSI JURUTERA MALAYSIA The Institution of Engineers, Malaysia Bangunan Ingenteur, Lots 60/62, Jalan 52/4, Peli Surat 223 (Jalan Sultan), "46720 Potaling Jay, Solangor Dard Ehsan, Malaysia. Tel: 60-3-79684001/ 4002 Fax: 60-3-79577678 E-mail : sec@iem.org.my IEM Homepage: http:/mwiv myiom.org my: THE PROFESSIONAL INTERVIEW QUESTIONS ‘Questions applicable to Section B of the Essay as at 11.2011 Questions on Regulations on Professional Conduct ‘The main purpose of these questions isto provide an opportunity forthe candidates to demonstrate their professionalism. ‘A candidate should have gained some understanding of the IEM Regulations on Professional Conduct before entering {or the Professional Interview. ‘A candidate would be expected to demonstrate:- (@) That he has thought sufficiently about the role of the engineer inthe society vis-A-vs his Professional Conduct. (b) ‘That he can write in clear and concise manner that is intlligible to laymen, Candidate would be expected to answer only I question out of 2 selected by the Examiners from among the 13 questions listed below: 1, As a young engineer, you are instructed by your employer to prepare a bankable report for a prospective project based on the information provided by your employer. You have no access to ascertain the reliability of the information provided. In light ofthe IEM Regulations on Professional Conduct, how do you advise your employer so that you may complete your assignment with integrity? 2. You are assigned by your employer to prospect an arca for an extractable material, However, in the course of your work, you discover no such object material but some other valuable material which your employer is not interested. On the other hand, the information which 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 thatthe other valuable material may ‘be explored”? Please discuss taking into consideration provisions of the TEM Regulations on Professional Conduct. 3, Engr X is a project engineer fora project contacted to ¥ Company owned by Mr Z. Mr Z tells Bnge X that he is ordering the latest mol of an eletronic gadget for his company staff and he can get a set for Enge X at the company discounted price. Engr X agrees and pays on dolivery. Did Engr X breach the IEM Regulations on Professional Conduct: “It i the responsibility of every engineer to give the highest regard to his profession and conduct himself with intogrity when exocuting his task", Discuss this statement in detail within the contoxt of the Malaysian environment. 4. Professionalism cannot be taught by regurgitating the IEM Regulations on Professional Conduct nor by memorizing. set of rules, Do you agree with the statement and why? 5. The TEM Regulations on Professional Conduct speaks against active self promotion and advertisement. In what ‘ways would such restraint enhance the stature of engineers as professionals? More importantly, given the advent of the information technology age where virtual reality is becoming the norm, how would any violation of the IEM ‘Regulations on Professional Conduct be detected and dealt with? 6, Yow are an engineer nt iskrown tht or projet ativan production hi cased an ves ell, eaty and/or environmental (HSE) impact. To improve the HSE quality, you have to cease your project activities/plant production fora pedo ne, eating ity to met herald rg How would you handle in a situation where there is a conflict between the IEM Regulations on Professional ‘Conduct and commercial consideration? 7. Very often codes of practice suggest discretion of engineering judgement. There are merits and demerits of international codes of practice and standards as opposed to national documents within the contoxt of tho Malaysian industry and practices.Discuss by giving examples of engineering judgement whereby such decision does not conform to an international (2) code of practice and how itis justified. Is international conformity always desirable? 8, Bngincers are offen entrusted with the responsibility of implementing large-scale projects involving millions of Ringgit. 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 comers in order to safeguard the good image of the engineering profession? 9. ‘Conflict of professional interes frequently arises in the working environment of an engineer’. Discuss the statement ‘nd propose the appropriate solutions for overcoming the problems, 10. Most projects are awarded on a competitive bidding basis. Supposing you had been the designated engineer of one of the bidders which was not awarded the liter of intent by the Client; and 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 scen as contlict of interests. If no, describe the reasons and/or clear-cut situations why you should decline the second appointment 11. You are in a position of responsibility administering an institution of higher learning with limited resources. You hhave besn assigned to revise the engineering curriculum and directed to increase the nurabet of graduates. From the standpoint of professional conduct, describe the necessary curriculum contents which must be included so 3s not to ‘compromise the enginecring standards, 12, Corruption has undermined integrity in professional practice in the engineering industry. The professional engineer who stcadfastly embraces the TEM Regulations on Professional Conduct is left in a dilemma, His option is that he could just ignore itor turn whistle blower. Explain how you would handle this problem, ‘you are the principal partner of a reputable engineering-based firm in a small state in the country. 13. Assuming d is very well reputed, respeoted and influential, having lived and worked inthe state for decades. Your fami Leaders ofa certain political party approach you secking your assistance to campaign for them in a forthcoming by-election. Amongst others, they have promised upon winning the said elections, to award your company with all the major projects to be awarded by the state government, It is desirable for your firm to secure new projects. Discuss critically on your actions going forward, taking account ofthe IEM Regulations on Professional Conduct.Question No.1 ‘As a young engineer, you are instructed by your employer to prepare a bankable report (##lFl alii #4) for a prospective project (AIM A) based on the information provided by your employer. You have no access to ascertain (Hi 38) the reliability of the information provided. In light of the TEM Regulations on Professional Conduct (#¥kiR«+), how do you advise your employer so that you may complete your assignment with integrity (BRE), Engineer shall be honest in all their dealings, act with impartiality (AiE) and responsibility and uphold the credibility ({2%) and dignity (3) of the profession at all times in their professional and business activities. Engineer shall be objective and truthful in professional reports, statements and testimony. He shall include all relevant and pertinent (#13) information in such report, statements, or testimony, which should bear the date indicating when it was current. In particular, the engineer should take all reasonable steps to ensure that all information and material provided is truthful, accurate and unambiguous (7 i) and relevant to the public’s interests. Engineer shall uphold (4) and comply with the spirit and letter of the law governing their professional affairs (4%), Building Code and Planning Regulations in the discharge (27) of their professional duties and business activities. Engineer is encouraged to notify and assist employers to comply with all applicable laws, rules, and regulations. It is also an offence for an employee to use any false document, receipt or account to deceive his employer. If, In the course of their services on a project, engineer becomes aware of a decision taken by their employer which violates any law or regulation which will, in the engineer's judgment, materially affect adversely the safety to the public of the finished project, engineer shall A. Advise their employer or client against the decision, The engineer shall express an opinion on a professional subject only when it is founded on adequate knowledge and honest conviction ({ii4). He should request the employer to do some investigation to gather the necessary reliable information for using in the report. The employer could then decide how to pay for the improvements. When invited to quote (#6) for engineering services, employer should ensure that they have sufficient information about the commission (file) for the calculation of their fee. Any fee quotation should clearly indicate the type and extent of the services (a defined scope of works) to be undertaken for that fee,and will also enable any subsequent (#fi/a) changes to be identified. Employer should ensure that they have adequate and appropriate (38%) financial and technical resources and professional expertise (‘#1 JniR) to deliver the services offered. An engineer whose professional advice is not accepted shall take all reasonable steps to ensure that the employer overruling (Hef!) or neglecting his advice is aware of any danger which the engineer believes may result from such ‘overruling or neglect. When the professional advice of a Engineer Is overruled (if) to his advice, the Engineer shall, if the amendment may in his opinion give rise to situation that may endanger life and/or property, notify his employer and such other authority (um) as may be appropriate (i824) and explain the consequences (fi A) to be expected as a result of his advice being overruled or neglect. ort le furthe . If after an engineer makes a good faith effort to notify an employer of illegal operations or actions and the offending condition continue, the engineer shall, as a protection to the public, notify the appropriate regulatory or other law enforcement agency. Engineer should look upon the act of whistle blowing as the last available measure to be used for ensuring a safe, healthful, and legally compliant (##) workplace. (624 words)uest You are assigned by your employer to prospect an area for an extractable mineral(s). However, in the course of your work, you discover no such object mineral(s) but some other valuable mineral(s) which is your employer is(are) not interested. On the other hand, the information which you have is of great importance to the adjoining interest. ‘Asan engineer can you release the particular Information which you have to the other party so that the other valuable mineral(s) may be explored? Please discuss taking into consideration provisions (jit) of the JEM Regulations on Professional Conduct. The engineer may breach the IEM regulations on Professional Conduct if release the particular information which he has to the other party so that the other valuable minerals may me explored. IEM regulations on Professional Conduct require an engineer to safeguard confidential information in relation to his employer or Client and to refrain from receiving any advantage for disclosing such information or making use of it for personal gain. In the course of normal professional activities, engineer may have access to information that is proprietary (/f#42), confidential (###), privileged (4), or of competitive value to the client. In addition, some competitors may sometimes divulge ({il#) information to engineer that is proprietary to their business. Engineer must respect these confidences (sli) by protecting the confidentiality and security of documents and related information, The use or disclosure (ii) of confidential information shall be at the client’s sole (Hf—) discretion (FfVSh8L) and for the client’s purposes only and shall not be used for personal benefit of the engineer or the benefit of others (including the benefit of a new client). To preserve (#42) confidentiality, the disclosure and discussion of confidential or competitive information should be limited to those who specifically need to know the Information. An Engineer shall not reveal facts, data or Information without the prior consent of the client or employer ‘except as authorized or required by law or when withholding (ff) of such information is contrary (#52) to the safety of the public. An Engineer shail disclose all known or potential conflicts of interest that could Influence or appear to influence his judgement or the quality of his services. Engineers have a duty of loyalty to clients and employers that requires them to preserve confidentiality of information. This is a well-established principle as ‘most information about how a business is run and its products or services directly affects the company's ability to compete in the marketplace. Besides, some information may, on the surface, appear to have little value or interest to the public in general but is of value to culprits (HE 4). He also has potential legalImplications if confidential information is shared, especially if he signed a confidentiality clause with his former Client. As engineers have an obligation to ensure every project is guarded against unethical and illegal practices that can jeopardize the interests of the employers, clients and the public at large. Although on many occasions engineers may delegate work and authority to subordinates or site staff, they cannot excuse themselves from imposing proper supervisory controls and have to shoulder the ultimate responsibllity of any slippage occurred in the work under their supervision. ‘The following steps are some preventive measures to tackle the ethical issues “misuse of proprietary information” in engineering practice. 1) Implement proper access control + Classify information into different security groups based on their risk exposure and degree of sensitivity. Classification should be reviewed regularly. ‘+ Approve access rights on the basis of a practical application of the need-to-know, need-to-do, and need-to-use principles i.e. only those staff who have genuine need to use the information during the course of duty can have access to the classified information. + Restrict access to computer information by using passwords and the passwords should be changed regularly. + Set up an audit trail system for computer systems for identifying persons who have gained access to information in order to facilitate future Investigations and access control monitoring. 2) Monitor release of information + Provide clear guidelines on how to safe keep and handle release of classified information and on how to ensure computer security. + Monitor release of information according to the need-to-know, need-to-do, and need-to-use principles. «Obtain the employer's'and clients’ authorization before disclosing confidential information relating to them. 3) Ensure proper management controls ‘+ Clearly communicate company's policy on preservation of confidentiality to all levels of staff. Such policy should be reviewed regularly to assess its effectiveness in risk minimization. «Alert staff of the serious consequences of leaking/abusing proprietary information, * Require staff to sign agreements not to leak or misuse proprietary information during their employment and for a specific period after they have left the company, if necessary. (551 words)‘Question No.3 Mr X is a project engineer for a project contracted to Y Company owned by Mr Z, Mr Z tells Mr X that he is ordering the latest model of an electronic gadget (HL 8) 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 on Professional Conduct? It Is the responsibility of every engineer to give the highest regard to his profession and conduct himself with integrity when executing his task”. Discuss this statement in detail within the context (5ti8)of the Malaysian environment. The project engineer have breach the IEM regulations on Professional Conduct when he agrees and pays on delivery on the electronic gadget at the discounted price offered from his Contractor. The project engineer should not accept any offer from persons who have business dealings with the company, this will placing him into a position of obligation that may lead to a conflict of interest. A conflict of interest arises when personal interest of an engineer competes (3 4#) with the interests of his employer or clients. Conflicts of interest can distort (Bilt) and cast doubt (27/658) on the reliability of professional judgment, sow (848) seeds of distrust (PSE) and in its most serious form can result in corruption. Engineer shall not offer or accept commissions or gifts as an inducement (14%) to show favour ({ii32) to any person or body; An engineer shall avoid the “sweetener ({###)": avoid a situation whereby the acceptance of advantages will place you in a position of obligation (4) to reciprocate (4) the offerer. From past experience, corruption does not always start with a direct bribe (ff 5). In fact, it often begins with a "sweetening up" process laden with lavish (3 4) entertainment and offering of small gifts which do not seem to be connected with your official duties at the time of offering. In Malaysia, the contractor and site supervisory staff work in close circles and they easily become over-socialized and develop unhealthy relationship. Gambling, lavish and frequent entertainments are conductive to corrupt activities among the parties. ‘Such unhealthy relationship will easily affect their ability to effectively supervise the works of the contractors. Site staff may also be ‘sweetened up’ by the unscrupulous contractor with the lavish and excessive entertainment. Habitual gamblers and person in debt are highly vulnerable to corruption. Loans offered by contractors to site supervisory staff are major temptations and frontline staff who are in great debt will be comparatively easier to be tempted to accept bribes.Entertainment is common In business practice. Engineer should avoid accepting excessive entertainment that may affect his objective in discharging duties. He should also check whether his company has any policy on the acceptable level of hospitallty offered by contractor/vendors to prevent any conflicts of interest or the potential for such a conflict. Hence, engineer will then be trapped (jst#1) in an embarrassing (jMi/ét) or compromising (3&3) situation when he is asked to return a favour later on. The project engineer may put his employer's interest and public safety at stake (if 38) if he compromises his objectivity in professional judgment and turns a blind eye to the contractor's substandard works. Turning a blind eye to substandard works would result in bullding defects, causing the company extra costs to rectify the problem. Worst still, such hidden fault in construction works would be hazardous the public safety. An engineer should bear in mind the implication of substandard works to public safety, as their responsibilities to his employer and the profession should at all times be governed by the overriding interest of the general public, In covering up the substandard works through fraud and bribery, the engineer and other defendant finally could not excuse themselves from legal sanctions. The offering and acceptance of bribes can unfairly influence judgment and decisions, and seriously impair (jiJ§%) the Interests of clients and other stakeholders (flzi#HX#). There should be no excuse for corruption by referring to a customary or trade practice of soliciting and/ or accepting ‘tea money’ for expediting work, Conclusion Being a construction professional, one should think twice before committing a corruption offence as the consequence could be serious. Greediness would not only make one liable to criminal sanction but would also pose risk to one’s profession career. Corruption ruins businesses and careers and puts individuals into disrepute. Improper ethical behavior may also lead to the revocation ot suspension of a professional registration with a professional body and result the engineer would be restricted/ prohibited from practice. To prevent non-compliance (7filt*), engineers are obliged to thoroughly (fi) understand the standard set in the IEM regulation on profession conduct and what constitutes a corruption offence under the by laws. (645 words)Question No.4 Professionalism cannot be taught (24)by regurgitating ({248 8%) the IEM Regulations on Professional Conduct nor by memorizing a set of rules. Do you agree with the statement and why? The word “profession” connotes a learned calling having a special body of knowledge and skill, distinctive functions and recognized obligations. A profession is much more than a recognized occupation; it carried with it the ideas of advanced learning and a special way of life, involving a corporate group of practitioners from which the profession Is constituted. T’m totally agreed with the statement “professionalism cannot be taught by regurgitation the IEM regulation on profession conduct nor by memorizing a set of rules.” Professionalism is a way of thinking and living rather than an accumulation of learning. Fulfiling professional responsibilities requires more than rule following. Fulfilling a responsibility requires some maturity of judgment. The expressions ‘the age of responsibility’ or 'the age of discretion’ acknowledge the maturity of judgment required to take on responsibilities. A strong professional sense Is of undoubted (JE8&M#)) benefit to the profession concerned in terms of morale and vocational (#12) satisfaction. It is also a fact that community benefits when it is served by a professional whose standing Is recognized, in terms of both status and rewards. It is through the development of a strong professional attitude that the professional man motivated to give his biggest contribution to the community. It is probable that professional attitudes and professional motivation are prerequisites (4624¢#) to community recognition and to a reasonable level of reward, but the one depends very much upon the other. Achieving an ethical (2/4) professional career Is a journey, not a destination. The understanding of ethical behavior will change with time, experience, and discussion with others who have set out to take a similar journey. Only when you decide on a lifetime of learning about and discussing ethical behavior with others, can you hope to complete the journey successfully. The responsibility borne (#fdfi) by profession engineers to set standards of ethical behavior in ‘own lives cannot be overstated (4k). It is the responsibility of people in positions of authority and seniority (iti #482) to make their peers (IHif7) and colleagues aware of the need to read the code of ethics often. Further, these mentoring members have an ethical responsibility to model (1%) behaviors that others may learn from and to raise questions and engage (#3) their peers and colleagues In discussing ethical Issues. Playing an important role in designing and building the key infrastructure of modern society, engineers are required to work a lot more than routine application of engineering science and knowledge. In the exercise of special expertise, professional judgment, and supervisory responsibility over thetechnical and administrative work of others, an engineer should live by a high standard of behavior and social responsibility laden with moral obligations. Professional ethics are of paramount importance to the engineering of a successful professional life. It follows from these considerations that the professional man must also bear some distinctive marks. Again, in the highest sense, the marks of a professional man are: 1) Professional activity of type carrying high individual responsibility, requiring application of special skills to activities that are predominantly intellectual and varies rather than routine and normal 2) Motivation for services takes first place over consideration of reward. 3) Motivation for self expression implies joy and pride in the work to be done and self-imposed standards of excellence in its performance. 4) Recognition of social duty, fulfilled through guarding the ideals and standards of the profession, by advancing It in public understanding and esteem, by rendering gratuitous public service, all as a return to society for the advantages that follow from professional education and status. In conclusion, The Engineering Professional plays a paramount (4224 3(t) role in a developing country such as ours. The work of engineers shapes the physical environment of society, and has a profound (#2!) effect on the economic growth and development of the nation. Itis therefore essential that the members of the engineering profession should always perform their duties to the highest standards of professional integrity. They should maintain the dignity (#7) of the profession, and not be led astray GRAB) by commercial motives into performing actions which are not for the good of the profession as a whole, or for the good of society in general. (747 words)Question No.5 The IEM Regulations on Professional Conduct speaks against (Sixt) active self promotion and advertisement. In what ways would such restraint enhance the stature of engineers as professionals? More importantly, given the advent (#ifi) of the information technology age where virtual reality (84038232) Is becoming the norm (32a), how would any violation of the IEM Regulations on Professional Conduct be detected and dealt with? IEM code of ethics provisions prohibiting advertising violated commercial free speech as well as by-laws. Advertising by engineers may thought to be undignified (JEM), inappropriate (5%) , even offensive to some, on the grounds that advertising was “commercial” in nature while professional practice was a “calling” by which individuals should be selected by clients solely based upon their professional qualifications, reputation, and other meritorious (FI#R#A) criteria, The following list down the disadvantages of active self promotion and advertisement:- 1. Costly Functions + The strong objection and arguments against the advertising is that it is a costly function. «It is generally criticized that the cost of advertising to too high and that such high cost Is covered by the professional fees of the engineering services. «Advertisement Is considered as an Indirect cost which is added in the distribution expenses. « When expenses are to be increased, the "selling price” of the services will also be enhanced. «It is true factor because large advertisers spend thousand of money for advertising in a week. «= Itmeans that consumers will have to pay higher prices of the advertised services. + The use of self promotion and advertisement to obtain contracts would inflate the operation costs of the bidder and cause unfairness to other bidders who observed the principle of fair play. «The services procured might also fall short of standard and affect the overall quality of the job because no supplier could go on absorbing (1 0 corrupt payments and still give the quality you want. 2. Misleading claims ‘+ Some advertisers cleverly create a misleading impression of their services with the object of increasing their sales. ‘+ The site may appear to link potential clients to advertiser on a strictly voluntary basis and contains appropriate disclaimers (4:i7*193) so that there is no misleading implication regarding the quality of the services provided.3. Encourage monopoly + Advertisement restricts the competition among the services. + Big industrialists may exercise their monopolistic control over the market with the help of advertisement technique which is always against the public interest. 4. Disconnection of business ‘+ Small firms cannot properly advertise their services due to limited resources. But on the other side entire market is controlled over by great advertisers. ‘+ It becomes impossible for small firms to continue their business in the business field so small firms disappear from the market. 5. Influences purchasing power + Advertising engineering services are generally available in the market at high prices which influence the purchasing power of the consumers. ‘+ So some people use foul means to Increase thelr income for the purpose of meeting their necessities of life. + Thus unnecessary advertising creates the corruption in the society. With the growth of electronic communications and the internet, there has been a proliferation (4"#i) of the types and methods employed by engineers and engineering companies in selling and marketing their services. Many of these methods mirror (J) traditional sales and marketing techniques used in the past while other methods are new and different and require careful review and consideration. Promotional customs (titi), practices (sti), and standards have evolved (it 44) considerably over the past half-century. As currently (and as presumably (80!) in the future) configured (fa), the Internet is accessible virtually everywhere. It was essential for an engineer to be familiar with and adhere to applicable EM regulation on profession conduct in the practice of engineering regarding electronic media and concluded by noting that nothing In its opinion was intended to limit new and innovative practice techniques, including the use of the Internet, Web sites, or electronic practice. Conflict of interest (A2#¥#52) often presents Itself in the form of self-promotion, including advertising links, personal wel inks, personal photos, or other material that appears to promote the commercial interests of the editor, or their associates. Generally, codes of ethics forbid ($81) conflicts of interests and help to minimize problems with conflicts of interests because they can spell out the extent (#8t) to which such conflicts should be avoided, and what the parties should do where such conflicts are permitted by a code of ethics (disclosure, recusal (Hilt), etc.).Thus, engineers cannot claim that they were unaware that their improper behavior was unethical. As importantly, the threat of disciplinary action helps to minimize unacceptable conflicts or improper acts when a conflict is unavoidable. As codes of ethics cannot cover all situations, the Board shall establish an office of the ethics commissioner (44). Ethics commissioner should be appointed by the legislature (3724813) and should report to the legislature.Question No.6 You are an engineer and it is known that your project activities/ plant production had caused an adverse health, safety and/or environmental (HSE) impact. To improve the HSE quality, you have to cease (##:) your project activities/plant 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 IEMs. Regulations on Professional Conduct and commercial consideration? An engineer shall at all times take care to ensure that his work and the products of his work constitute no avoidable danger of death or Injury or ill health to any person, An engineer shall take all reasonable steps to avoid waste of natural resources, damage of the environment, and wasteful damage or destruction of the products of human skill and industry. ‘An engineer shall conduct their professional lives in accordance with applicable laws and regulations. Compliance with laws does not necessarily fulfill an engineer's entire ethical responsibility, but it is paramount for performance of ‘one’s professional duties. As prevention is better than cure, we need to ensure the safety at the construction site are always be implemented and should not be compromised. Engineers should always promote safety or dissemination (###) of such information to the worker and the public in general. There are key questions which the employer / client should be asking for their commercial decision: What information is available to assure that throughout the project arrangements to control health and safety risks are in place; comply with the law as a minimum; and operate effectively to meet the revised schedule and targets? + Ensure that all employees and contractors understand that working safely is ‘a condition of employment, and that they are each responsible for their own safety and the safety of those around them. * Manage all projects, products and processes through their life-cycles in a way that protects safety and health and minimizes impacts on the environment. + Provide employees with the capabilities, knowledge and resources necessary to instill personal ownership and motivation to achieve HSE excellence. * Provide relevant safety and health information to contractors and require them to provide proper training for the safe, environmentally sound performance of their work. + Measure, audit and publicly report HSE performance and maintain open dialogue with stakeholder groups and with communities where we operate.+ Work with both governments and stakeholders to develop regulations and standards that improve the safety and health of people and the environment. + Maintain a secure work environment to protect ourselves, our contractors and the company's assets from risks of injury, property loss or damage resulting from hostile (xf) acts. * Communicate our commitment to this policy to our subsidiaries, affiliates, contractors and governments worldwide and seek their support. «= Applying the precautionary principle is essentially a matter of making assumptions about consequences and likelihoods to establish credible scenarios, and then using standard procedures of risk assessment and management to inform decisions on how to address the hazard or threat, * Decision-making should bring together all relevant social, political, economic, and thical factors in selecting an appropriate risk management option. Engineer is encouraged to notify and assist employers/client to comply with all applicable laws, rules, and regulations. If, in the course of their services on a project, engineer becomes aware of a decision taken by their employer which violates any law or regulation which will, in the engineer's judgment, materially affect adversely the safety to the public of the finished project, engineer shall advise their employer or client against the decision. He should request the employer to do some investigation to gather the necessary reliable information for using in the report. The employer could then decide how to pay for the Improvements. An engineer whose professional advice Is not accepted shall take all reasonable steps to ensure that the employer overruling (###H) or neglecting his advice is aware of any danger which the engineer believes may result from such overruling or neglect. However, the engineer must ensure that the remedial (#4) steps are taken. If after an engineer makes a good faith effort to notify an employer of illegal operations or actions and the offending condition continue, the engineer shall, as a protection to the public, notify the appropriate regulatory or other law ‘enforcement agency for ensuring a safe, healthful, and legally compliant (it) workplace. (671 words)‘Question No. Engineers are often 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 (#48) can an engineer take to prevent corruption (#15) and unethical practice of cutting corners in order to safeguard the good image of the engineering profession? The rapid growth of country imposes incessant demand for the efficient delivery of a wide range of infrastructure works, reclamation, urban renewal and housing development. Such momentum will keep the construction industry booming in the years ahead. Under keen competition in the construction industry, time means money. Besides quality control, efficiency Is fundamental to construction projects. Project management therefore plays a vital role in every stage, from planning to implementation. Problems now facing the management of construction companies are multi-faceted, including employment of illegal site workers, unlawful dumping of construction waste etc. Needless to say, consequences of corruption in the construction field are severe. Corruption not only eats into your profit but also leads to poor quality of the construction work which would cause accidents and endanger human life. Even when these construction defects can be discovered at an early stage, extra budget and time for remedial work are incurred which means higher construction costs. Besides, the reputation of the company involved will be affected too. Prevention is better than cure. The following explains the corruption prevention measures in various procedures of construction projects to safeguard against corruption and malpractice. ‘A company should establish a good quotation and tendering system to enable the selection of the best contractor for the job required. Set tender specifications and invite open tenders according to actual needs. Document and properly keep the tenders received and refuse late tenders. A good quotation/ tendering system should prevent tender and quotation information from leakage. Quotations or tenders received should not be opened before the deadfine to reduce the likelihood of information leakage.* Furthermore, the opening of the tenders and quotations should be carried out by at least two person to prevent tampering with the price submitted. 2) Tender assessment/Negotiation 3 © Procedures for awarding contracts should be clearly laid down in manuals with specified approval authorities and thelr corresponding financial limits. No works should be spilt to avoid going through the lald down approval process. * Select suitable contractors according to pre-determined objective assessment criteria and document the assessment results and justifications. + Clearly state the contract terms for assessing and monitoring the works progress and quality. «The use of bribery to obtain contracts cause unfairness to other bidders who observed the principle of fair play. + Corruption will inflate the price of building materials directly boosted the construction budget and undermined the interests of the employer. + The services procured might also fall short of standard and affect the overall quality of the job because no supplier could go on absorbing corrupt payment and still give the quality you want. + The quality of work is also of question as the contractor is not chosen by an objective assessment of its competence and capacity to duly complete the job. * Atthe same time, the material purchased under corruption usually fell short of standard and would affect the quality of construction work as well as, in long run, client’s confidence. + Where possible, an internal audit section should be established to conduct periodic checks to detect and deter ant non-compliance with laid down procedures. ‘+ Check carried out by the internal audit section could help detect any possible malpractice at an early stage. i Site supervision is crucial in different stages of work. ‘+ The allocation of adequate resources to site supervision is crucial to ensuring the quality of works. + Site supervisory staffs are sometimes inadequate; both in number and experience, and may therefore not able to monitor the work of the contractor effectively nor promptly detect any fraudulent acts. + Employers/consultants should deploy sufficient on site supervisory staff with appropriate training and experience. + The deployment of only technical staff on site is adequate and professional input is important especially at critical construction stages. * In fact, regular supervisory check is crucial in ensuring that the work complied with the required standard. + Reliance on a single individual should be avoided.«If staff supervision Is slack, unscrupulous employees will easily make use of the opportunities to abuse their official power for personal gain. + Senior offices should conduct spot check; closely monitor the quality and progress of work and keep through and accurate records. * Strictly monitor the works progress and quality, record and follow up discrepancies (255%). + Atthe same time, insufficient number of workers caused by false attendance record could delay the progress of the construction work. * Evaluate and accept works according to the standard and specifications stated in the contract. 4) Internal technical auditing + The role of independent auditing should also strengthen to provide a means to detect possible malpractice at an early stage. + In addition, corruption prevention awareness amongst all tiers of supervisory staff should be raised. + If preventive measures are not implemented in the company to guard against corruption and fraud, dishonest staff will exploit every possible loophole for personal gain, causing the company to suffer from financial loss and tarnished reputation. «The collusion among staff on site in dec would impose direct loss to the company. + Company management should therefore strictly prohi malpractice and make staff clearly aware of the prohi seriousness of any breaches. ing employer of wages it this n and the 4) Finance/Payment ‘* Document project expenses in detail and keep relevant receipts and pictures for verification and inspection. * collect/release works payment according to the works progress, contract terms and valid documentary records Conclusion * Corruption could bring devastation damage to one’s career and reputation. + The conduct of these accused casts a shadow over the entire construction industry and place in jeopardy the reputation of country. + Implementing proper controls on contracting procedures, carrying out frequent random supervisory checks and conducting regular communication with contractors and staff could help detect early symptoms of irregularities and prevent such malpractices from happening. + Young and front line engineering professionals need to live by a high standard of integrity so as to resist the corruption temptation facing them in workplace. (1209 words)Question No.9 ‘Conflict of professional interest frequently arises in the working environment of an engineer’. Discuss the statement and propose the appropriate (jii4)solutions for overcoming the problems. There are several ethical issues that engineers may face. Some have to do with technical practice, but many others have to do with broader ()"¥Ef4) considerations of business conduct. Conflict of interest Is a situation in which engineer In a position of trust, have competing professional or personal interests which could make it difficult to fulfil his or her duties impartially. Even if there is no evidence of improper action, a conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his/her position. Conflict of interest Involves a personal interpretation of whether or not certain behavior is commonly acceptable, rather than if itis illegal. Conflicts of interest can distort and cast doubt on the reliability of professional judgment, sow seeds of distrust and in its most serious form can result in corruption. The onus should clearly be placed upon individuals to declare all possible instances of potential negative interpretation, before proceeding with projects. ‘Some items in IEM regulation on professional conduct are designed to protect the Engineer from getting into a position of conflicting interests. + The Engineer shall not accept any remuneration (#&#H) from any other source besides the Employer in connection with the works carried out of the Employer, and he shall not permit any member of his staff to accept ‘such remuneration. + A Professional Engineer in private practice shall not make payments or place orders on the Employer's behalf unless specifically authorized by the Employer or client to do so. * A Professional Engineer in private practice cannot be a contractor at the same time. He should not act in a professional capacity for both the employer and contractor on the same Project, practice as a Consultant should not unless specifically instructed to dc so by the Employer. * When an Engineer is a Director of or is otherwise connected to a Company whose interests may conflict with the interests of his employer, he must declare his interests to the employer in writing. As engineers have an obligation to ensure every project is guarded against unethical and illegal practices that can jeopardize the interests of the employers, clients and the public at large. Although on many occasions engineers may delegate work and authority to subordinates or site staff, they cannot excuse themselves from imposing proper supervisory controls and have to shoulder the ultimate responsibility of any slippage occurred in the work under their supe‘The following are some preventive measures to tackle conflicts of Interest Issues in engineering practice. These guidelines are particularly important to engineers who undertake a managerial role in their organizations. How to avoid conflicts of interest 1) Avoid favouritism « Treatall clients fairly. No preference should be given to particular clients, Including your relatives and friends. ‘+ Don't provide advice or assistance in official dealings based on confidential information communicated to you by your employers or clients. If there is such a request, you should refuse it and explain that it is against the codes of conduct imposed by your company and professional bodies. + Don't testify as an expert witness if the case Involves a conflict of your personal interest, 2) Call for collective decision «Involve more than one officer to handle and make collective decisions for jobs vulnerable to malpractice, such as procurement of materials/services, selection and appointment of contractors/suppllers, tendering, and supervision of contractors’ work performance. + Set up an ad hoc task group, if necessary, to make collective deci for different aspects of a major project. 3) Avoid conflicting roles ‘+ Declare to your employer and your clients any financial interest in any project, supplier, contractor or business, which is related to your official duties. «Avoid accepting lavish and frequent entertainment or engaging in games of chance such as gambling with clients/suppliers/contractors, that may place you in a position of obligation to return a favour or lead to compromise of impartiality or embarrassment in official dealings. «Avoid acquiring any investment or financial interest which may lead to a conflict of interest with your official duties. * Avoid borrowing money from suppliers, contractors or companies with which you have official dealings. * Don't take up paid or unpaid outside employment which may give rise to any actual or potential conflicts of interest with your official duties. If such conflicts cannot be avoided, you should first obtain the consent from your employer. (748 words)‘Question No.10 Most projects are awarded on a competitive bidding (tis) basis. Supposing you had been the designated (#8) engineer of one of the bidders which was hot awarded 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 (Jit) situations why you should decline the second appointment. Truly, ethical dilemmas relating to conflicts of interest are some of the most significant issues facing the engineering profession today. Instead, this.case relates more to.the direct obligations of truth and honesty that all engineers owe to their clients in the performance of their services. Under the facts presented, I will accept the second appointment. It was not unethical for me to accept the second appointment despite the fact that significant conflicts of interest exist in this case are Identifiable and can be avoided. Therefore, a discussion with the former client prior to performing the services and disclosing the possible conflict of interest came within the ethical guidelines of the Code and was a proper course to take in dealing with the conflict. A registered Engineer shall not provide professional engineering services to any person, unless the scope of such services Is clearly defined in a written agreement between both parties. While the JEM regulation on professional Conduct clearly stipulated that Engineers shall act in professional matters for each employer or client as faithful agents or trustees. Engineer shall endeavor to avold a conflict of interest with his employer or client, but when unavoidable, the engineer shall disclose all known or potential conflicts of interest to their employers or clients by promptly Informing them of any business association, interest, or other circumstances which could influence or appear to influence their judgment or the quality of their services. Turning to the facts of the instant case, we are of the view that the ethical obligations contained in Regulation 31 of the Code of Professional Conduct in the Engineers Act reads as follows: A Professional Engineer in private practice shall not directly or indirectly - (a) Supplant or attempt to supplant another Professional Engineer in private practice; (b) Intervene (+i) or attempt to intervene in or in connection with engineering works of any kind which to his knowledge has already been entrusted to another Professional Engineer in private practice; (c) Take over any work of that other Professional Engineer in private practice acting for the same Client unless he has ~ (® Obtained the consent of that other Engineer; or(ii) Been formally notified by the Client that the services of that other Engineer have been terminated in accordance with the provisions of any contract entered into between that other Engineer and the Client. The engineer in accepting any commission shall check with the Client and local authority whether there Is an earlier appointed register engineer whose appointment has yet to be properly terminated. If there ts, the second engineer shall write to the first engineer for the letter of release for him to take up the ‘commission.uestion No.14 You are in a position of responsibility administering an institution of higher learning with limited resources. You have been assigned to revise the engineering curriculum (#8) and directed to increase the number of graduates, From the standpoint (525%)of professional conduct, describe the necessary curriculum contents which must be included so as not to compromise (Zts)the engineering standards. University education provides the learning base on which competence for a professional engineering career is built. It is important that the education provides the graduates with the generic attributes. It is equally important that the education process be accredited by BEM to give assurance to the students, the universities, the public and the profession that the education will indeed provide a graduate with the required attributes, The main objective of revise the engineering curriculum (iF) to increase the number of graduates and to ensure that the accredited engineering programmes carried out is satisfy the minimum academic requirements for registration as a graduate engineer with the Board of Engineers Malaysia (BEM) and for admission to membership of IEM in the grade of Graduate. The assessment involves a review/evaluation of the following criteria: {a) Academic programme which includes the curriculum and syllabus, laboratory work, industrial training and project work; (b) the academic staff and students; (c) learning facilities (library, computer, laboratories, etc.); (4) quality management system. The following must be in place within the teaching and learning environment: (I) a strategic statement of objectives by the university on engineering education; Gil) an identifiable structure responsible for engineering education within the university; (iil) an effective advisory mechanism involving industry participation; (iv) capabilities in terms The revised engineering curriculum must be enabling the graduates to have the following attributes: (a) Ability to acquire and apply knowledge of science and engineering fundamentals; (b) Ability to communicate effectively, not only with engineers but also with the community at large; (¢) In-depth technical competence in a specific engineering discipline; (d) Ability to undertake problem identification, formulation and solution; (e) Ability to utilize a systems approach to design and evaluate operational performance;(P) Understanding of the principles of sustainable design and development; (g) Understanding of professional and ethical responsibilities and commitment to them; (h) Ability to function effectively as an individual and in a group with the capacity to be a leader or manager as well as an effective tearm member; (Understanding of the social, cultural, global and environmental responsibilities of a professional engineer, and the need for sustainable development; and G) Expectation of the need to undertake Possessing/acquiring the capacity to do so. long learning, and In addition, students must be exposed to professional engineering practice integrated throughout their programme to enable them to develop an engineering approach and to gain an appreciation of professional engineering ethics. ‘The purpose is to facilitate thelr entry into the profession and to better prepare their capability to develop the attributes listed above. This exposure shall include industrial training in an engineering environment outside the teaching establishment ‘The exposure to professional engineering practice may also be obtained through a combination of the following: (i) Use of guest lecturers; (il) Use of staff with industrial experience; (il) Courses on professional ethics and conduct; (iv) Industry visits; (v) An industry-based final year project; (vi) Regular use of a logbook in which experiences are recorded. (495 words)Corruption has undermined (j#:#f) integrity in professional practice in the engineering industry. The professional engineer who steadfastly (5536) embraces (BH!) the JEM Regulations on Professional Conduct is left in a dilemma (#818). His option Is that he could just ignore it or turn whistle blower (HB). Explain how you would handie this problem. + Under keen (4) competition in the construction industry, time means money. + Besides quality control, efficiency is fundamental to construction projects. ‘+ Project management therefore plays a vital (38.28) role in every stage, from planning to Implementation. + Problems now facing the management of construction companies are multi-faceted (47s1f#4), including the scenarios of corruption. + Needless to say, consequences of corruption in the construction field are severe (7*H). + Corruption not only eats into your profit but also leads to poor quality of the construction work which would cause accidents and endanger human lire. + Even when these construction defects can be discovered at an early stage, extra budget and time for remedial work are incurred (1%) which means higher construction costs. ‘+ Besides, the reputation of the company Involved will be affected too. * An Engineer having knowledge of any violation of this code and Local Authorities regulations shall report thereon to appropriate professional bodies and, when relevant, also to public authorities and cooperate with the proper authorities in furnishing such information ot assistance as may be required, + “Whistle blowing” describes the action taken by an employee who notifies outside authorities that the employer Is breaking a law, rule, or regulation or is otherwise posing a direct threat to the safety, health, or welfare (3141) of the public. + Asa result, whistle blowing by professional engineers Is not an unusual event, and courts have often sided with engineers in such cases, overruling duties to employers and confidentiality considerations that otherwise would have prevented the engineer from speaking out. + Abasic ethical dilemma is that an engineer has the duty to report to the appropriate authority a possible risk to others from a client or employer failing to follow the engineer's directions. + According to first principles, this duty overrides (4#88) the duty to a client and/or employer.+ Many complaints have the question of ‘should I report suspected Corruption to the appropriate regulatory agency if I do not have any evidence?” ‘+ Any person is encouraged to report any matter which he genuinely believes may involve corruption, even if he does not have any direct evidence, + To facilitate the regulatory agency In investigation, one should include in his complaints as much details as possible. ‘* Investigation and collection of evidence are the respons! regulatory agency. * Only complainants who knowingly make false and malicious complaints are liable to prosecution. ities of the ‘+ Anengineer may be disciplined, or have their license revoked, even ifthe failure to report such a danger does not result in the loss of life or health. + Inmany cases, this duty can be discharged by advising the client of the consequences in a forthright (if18ié) matter, and assuring the client takes the engineer's advice. + However, the engineer must ensure that the remedial (#8) steps are taken and, if they are not, the situation must be reported to the appropriate authority. + In very rare cases, where even a governmental authority may not take appropriate action, the engineer can only discharge the duty by making the situation public. + Employees who “blow the whistle” on their employers are afforded (447) certain protections under law. + If an employee is fired or otherwise retaliated (4852) against for whistle blowing, an attorney (#'Si) should be consulted to identify legal protections available to the employee. + If it becomes necessary to blow the whistle, the employee must advise the appropriate regulatory agency or a law enforcement agency of the illegal act. + Simply complaining to someone inside the company Is not whistle blowing and leaves the employee without protection of whistle blower laws. + In conclusion, it is essential that the members of the engineering profession should always perform their duties to the highest standards of professional integrity. + They should maintain the dignity (#*) of the profession, and not be led astray (8A sti) by commercial motives into performing actions which are not for the good of the profession as a whole, or for the good of society in general. (726 words)uest Assuming that you are the principal partner (:3£(kf#) 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 (J1+4"). Leaders of a certain political party approach you seeking your assistance to campaign (#83) for them in a forthcoming (BLT) state by-election. Amongst (244!) others, upon winning the said elections, they have promised to award your company with ali the major projects awarded by the state government. It is desirable for your firm to secure new projects. Discuss critically (3482) on your actions, taking account of the JEM’s Regulations on Professional Conduct. As stated in the provision of IEM’s regulations on profession conduct:~ 1) Engineers shall at all times so order his conduct as to uphold (#¢3") the dignity and reputation of his profession, and to safeguard the public interest in matters of safety and health and otherwise. He shall exercise his professional skill and judgement to the best of his ability and discharge his professional responsibilities with integrity. 2) Engineers shall at all times so order his conduct as to uphold the dignity and reputation of the Institution, and act with fairness and integrity towards all persons with whom his work is connected and other members. 3) Engineer shall not improperly solicit work as an independent adviser or consultant, either directly or by an agent, nor shall he pay any person, by commission or otherwise, for the introduction of such work. * A conflict of interest is any activity, transaction, relationship, service, or consideration that is, or appears to be, contrary to the individual's professional responsibilities or in which the interests of the individual have the potential to be placed above his/her professional responsibilities. + All professional and business decisions shall be made in the best interest of the public, the client, the employer, and the profession. * Even if there is no evidence of improper action, a conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his/her position. ‘© Conflict of interest involves a personal interpretation of whether or not certain behavior is commonly acceptable, rather than if itis illegal. ‘+ Conflicts of interest can distort and cast doubt on the reliability of professional judgment, sow seeds of distrust and in its most serious form can result in corruption. + Engineer shall not offer or accept commissions or gifts as an inducement (#&{) to show favour (fi) to any person or body. + An engineer shall avoid the "sweetener (ii#fi)": avoid a situation whereby the acceptance of advantages will place you in a position of obligation (4) to reciprocate (#148) the offerer. + From past experience, corruption does not always start with a direct bribe (Rit).In fact, it often begins with a "sweetening up" process laden with lavish (#4) entertainment and offering of small gifts which do not seem to be connected with your official duties at the time of offering. Hence, engineer will then be trapped (#408) in an embarrassing (Witt) or compromising (32) situation when he Is asked to return a favour later on. The engineer may put his employer's interest and public safety at stake (5882) If he compromises his objectivity in professional judgment. Actual or perceived (fi13t) conflicts of interest can arise in many situations. Playing favorites or otherwise allowing personal interest to influence a professional decision is contrary to the expectation of just and ethical conduct to which engineer are obligated (3i(£). In addition, it may be inappropriate for an engineer to take part in a decision where a conflict of interest exists, even if the engineer does not believe that his/her objectivity will be affected. Engineer are expected to avoid any relationship, Influence, or activity that may be perceived to, or actually, impair (¥#) thelr ability to make objective and just decisions when performing their work. This violates IEM regulation on profession conduct. While engineers doing charity work or community service contribute to campaigns, it is unethical for them to make a contribution to secure or retain work, The engineer shall not offer to or pay either directly or indirectly any commission, political contribution, or fee, or other consideration in order to secure or retain work, exclusive of securing salaried positions through employment agencies. Whether an engineer acts properly in volunteering advice to a layman to seek engineering services depends upon the circumstances. The giving of advice that one should take legal action could well be in fulfillment of the duty of the engineering profession to assist laymen in recognizing engineering problems. Hence, the advice is improper if motivated by a desire to obtain personal benefit, secure personal publicity, or cause litigation to be brought merely to harass or injure another. Maintaining fair play in the procurement of contracts with public bodies Maintaining fair play in tendering and auctions of public projects In achieving greater technological heights as we step Into the new millennium, engineers will have to assume an even greater responsi Professionalism implies ethical responsibilities because society relies very much on engineers’ responsible exercise of their expertise to receive important services.