Question 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 of the IEM Regulations on Professional
Conduct, how do you advise your employer so that you may complete your assignment with integrity?

You should at least include below points:

1. A member shall inform his employer in writing of any conflict between his personal interest and
faithful service to his employer.
2. A member 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.
3. A member 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.

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Question 2
You are assigned by your employer to prospect an area for an extractable mineral. However, in the
course of your work, you discover no such object mineral 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 that
the other valuable material may be explored? Please discuss taking into consideration provisions of the
IEM Regulations on Professional Conduct.

You should at least include below points:

1. A member shall not improperly disclose any information concerning the business of his employer or of
any past employer.

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
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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.

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Question 3
Engr X is a project engineer for a project contracted to Y company owned by Mr Z. Mr Z told Engr X
that he is ordering latest model of an electronic gadget for his company staff and he can get a set for
Engr X at the company discounted price. Engr X agrees and pays on delivery. Did Engr X breach the
IEM Regulations of Professional Conduct?

You should at least include below points:

1. A member shall not accept remuneration in connection with professional services rendered to his
employer other than from his employer or with his employer’s consent; nor shall be receive directly or
indirectly any royalty, gratuity or commission on any article or process used in or for the purposes of the
work in respect of which he is employed unless or until such royalty, gratuity or commission has been
authorised in writing by his employer.

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.

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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.

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“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.

Suggested Answer:
The roles of engineers are respectively wide. Amongst the major responsibilities for engineers are design,
construction supervision, consultation, project procurement, commissioning and management etc.
Engineers are responsible to give the highest regard to his profession and conduct himself with integrity
when executing his task. For example a good design solution would have to include two important aspects
namely design adequacy and cost effectiveness. In addition, engineers have obligation to generate design
solutions that are environmental friendly at the same time meeting the demanding requirements of client.
Engineers have a duty of care to the environment, society and to their valuable customers or clients. They
would have to generate design that fulfil the design clauses in the engineering codes of design, meeting
the requirements by the various Governmental Departments and incorporate design solutions that are
environmental friendly which induce minimum negative impacts to the surrounding environment and
society. Besides, engineers would have to take into consideration the cost implication of their design
solution to their clients. This has caused great dilemma in engineers, as they have to balance cost
implication of the design solution with other factors such as quality, efficiency and various socio-
economy factors.
In the context of a developing country like Malaysia, in some cases, clients however have different
mindset from that of the engineers. Clients are more concern about the cost implication of the generated
design solution; they are more interested in design solution that is cost effective and yet fulfils the
minimum design requirements by the Government. In this respect, clients would normally opt for design
solutions that are cost effective, that stay within their budget.
Some clients would incorporate project budget that is far inadequate which requires the engineers to
sacrifice the quality and long-term efficiencies aspects in their design solution. This has obviously
contradicted with the engineers’ interests of incorporating optimum design that would guarantee long-
term efficiencies and easy maintenance. In addition, a not-up-to the standards design solution that
obviously with an associated lower construction cost would mean that the engineer would be getting a
much lesser consultation fees in view that the engineering fees are normally proportional to the cost
expenditure of the project. However these two factors, namely the cost factors and quality are normally
indirectly proportional to one another. This has made the engineers’ life extremely tough and difficult.
Engineers are constantly wondering if they should go for expensive design solution that would definitely
give both long-term efficient operations and maintenance and most importantly getting a higher
professional fees, or go for an ‘ok’ design solution that might not be able to guarantee the quality aspects
of the project and yet getting a lower professional fees.
In view of the dilemma that engineers are constantly encountering in balancing capital expenditure with
optimum design for efficient operations and maintenance, engineers should by all means combine both
the design and cost aspects in the process of generating design solutions for their clients. Engineers
should not produce a cheap design solution that does not comply with the relevant code of practices with
the purpose just to please their valuable clients, hoping for more projects. Neither should they generate
expensive design, ignore the cost implication of that particular design and with the purpose to obtain
higher professional fee.

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Question 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?

Suggested Answer:
Yes, I do. Let’s begin by the definition of “Professional”. Professional person is one who engages in an
activity that requires a specialised & comprehensive education, and is motivated by a strong desire to
serve humanity. Professional thinks & acts in a manner that brings favour upon the individual & the entire
profession. Professional, besides technically competent, shall have a positive attitude toward life that is
continually reinforced by educational accomplishments & professional service.
Professionalism is a way of thinking and living rather than an accumulation of learning. Professionalism
cannot be taught by stating a code of ethics nor by memorising a set of rules. A strong professional sense
is of undoubted benefit to the profession concerned in terms of morale and vocational satisfaction. It is
also a fact that the community benefits when it is served by a professional whose standing is recognised,
in terms both of status and rewards. It is through the development of a strong professional attitude that the
professional man is motivated to give his biggest contribution to the community. It is probable that
professional attitudes and professional motivation are prerequisites to community recognition and to a
reasonable level of reward, but the one depends very much upon the other.
Ethics means something more than “law” and “morals”; it carries an additional connotation of “rightess”.
The Code, therefore, is not a list of rules to govern every problem of conduct, nor is it a broad statement
of ideals. It is a statement of the principles of “rightness”, of broad scope, and with enough detail to
enable an intelligent man to deduce for himself the course of his own professional conduct. The essence
of all professional codes is that the professional man must be worthy, through his conduct, of the trust
placed in him by the community and by colleagues.
This gives rise to a universal rule of life for every engineer who spires to true professional status: to act in
every situation in a manner that will add to the confidence and esteem in which his profession is held by
the community.

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.

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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
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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

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Question 5
The IEM 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?

Suggested Answer:
Engineering has been regarded as one of the greatest professions on earth that has contributed in various
positive impacts to the society and country. However, misuse of professional knowledge or adoption of
bad would incur various negative social illnesses to society and country. One of the most profound social
illnesses that has been closely linked to the engineering profession is the wide spread of corruption or
unwise practices amongst certain group of engineers such as slef promotion and advertisement.
IEM Regulations on Professional Conduct speaks against active self promotion and advertisement. Self-
promoting is unethical as typically large amount of money will be used for promotion of in worse case the
lobbying process. Those costs could be effectively used to improve the existing system and could be spent
for multi researches.
The Internet has emerged as a powerful tool for practitioners, professionals, teachers and clients alike. In
IEM context, not only does it allow engineers to gather a wide range of information quickly, it’s also
become a springboard for providing engineering services, particularly to geographically isolated clients
who would otherwise go without. It is inexpensive, saves time, allows a lot of people to be well-informed
of the services provided. At this moment of time, the detection is only when someone come across the
advertisement of the services provided by the engineers in the Internet. Those who discover this could
either report it to IEM or remain silent. If the person proceeds with the writing statement to IEM, IEM
disciplinary board will either suspend the membership or the person will be given a warning. This process
is a waste of energy and time. If all the engineers in Malaysia could be embedded with the Code of
Ethics, especially at the university level, I believe the community will be served more equally in a
professional way. The clients should look for those self-promoting engineers in the Internet as non-
compliance person. Therefore public also need to be knowledgeable of the basic Professional Conducts of
engineers.

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

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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.

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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.

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 Question 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 of time, resulting in the inability to meet the
schedule and targets.
How would you handle a situation where there is a conflict between the IEM Regulations on
Professional Conduct and commercial consideration?

You should at least include below points:

1. A member 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.
2. Therefore, engineers should hold paramount the safety, health, and welfare of the public. Engineers
having knowledge of any alleged violation of this Code shall report thereon to appropriate professional
bodies and, when relevant, also to public authorities, and cooperate with the proper authorities in
furnishing such information or assistance as may be required.

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.

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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.

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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.

15
Question 7
Very often codes of practice suggest discretion of engineering judgement. The merits and demerits of
international codes of practice and standards as opposed to national documents within the context of
the Malaysian industry and practices.
Discuss by giving examples of engineering judgement whereby such decision does not conform to an
international (?) code of practice and how it is justified. Is international conformity always desirable?

Engineering judgement is a process of forming opinion or evaluation, which characterized by or

conforming to the technical or ethical standards of engineering knowledge and often long and intensive
academic preparation by discerning and comparing. To make an engineering judgement, decisions are
usually based on technical information and public impact. There are few factors that can develop the
judgement such that academic training, professional experience, professional development and mistakes.
In the society nowadays, engineers play an important role to ensure the safety of life, which is important
to maintain and improve the quality of the world. Engineers independently address and reconcile a broad
range of complex engineering problems, which may or can’t be adequately assessed and determined, from
measurement or observation alone. They deal extensively with controversial economic and public policy
issues that are likely to hinder progress of construction or operating permits. Besides that, engineers can
represent department with authority on technical engineering matters to develop procedures and standards
for multiple engineering projects that are significantly technical and complex. Engineering judgement is
important because engineers apply professional judgment where a variety of conflicting engineering
related conditions present a major problem.
One thing that can’t be neglected is codes and practices often suggest discretion of engineering
judgement. There are merits and demerits of international codes of practice and standards as opposed to
national documents within the context of the Malaysian industry and practices.
For example, Engineer A, employed by the XYZ Manufacturing Company, is assigned to an internal task
force composed of engineers to develop a job description and qualifications for a supervisory engineering
position and to prepare a list of qualified engineers for the position. The task force interviews a number of
candidates, eliminating some and advising them that they are no longer under consideration. At the
conclusion of its interviews the task force members all agree that none of those considered is of the
quality desired. The other members of the task force, however, tell Engineer A that they believe he is
highly qualified and suggest that he resign from the task force so that he may be considered for the
position as being in the best interest of the company.
From the example above, it’s clearly shown that the decision of Engineer A does not comfort to Code of
Ethics-Section 8 and Section 11. Code of Ethics-Section 8 states that “The Engineer will endeavor to
avoid a conflict of interest with his employer or client, but when unavoidable, the Engineer shall fully
disclose the circumstances to his employer or client.”. I assume that those in management who appointed
Engineer A to the task force would know the facts when and if A’s name were presented for the higher
position, there will be no ethical problem regarding his relationship with his employer. As has often been
noted in the past, a conflict of interest between an employed engineer and the employer occurs only when
the circumstances are such that an advantage to the engineer would be at the expense of the employer.
Even if that were the case, however, an employer may waive the conflict when it is to his or her
advantage to do so.
There may be some implication that Engineer A had some hidden role in the determination of the task
force members, including him, that none of the other candidates was acceptable for the higher position. If
16
Engineer A were improperly motivated to influence an adverse conclusion on the other candidates he
could have had in mind the result that the other members of the task force would turn to him. But this is a
highly conjectural approach, without supporting evidence, and I assume under these conditions that the
other members of the task force could not so easily have been led to that result.
The ultimate ethical issue under the above assumption is whether Engineer A had competed unfairly with
other engineers by attempting to obtain advancement by "improper or questionable methods." If there
were any reasonable basis to support a suspicion that Engineer A had, in fact, used his position on the task
force to achieve the position for himself, that would be a clear violation of Section 11 of the code. Thus, I
suggest that Engineer A should resign from the task force and permit himself to be considered as a
candicate so that it would be ethical.
There’s another example. Engineer B had been retained by the prime professional engineer to provide
mechanical and electrical engineering services for a large housing project. The project was completed and
occupied four years later, and Engineer B was fully paid for his services. Approximately seven years after
the original occupancy, ownership of the facility changed. The new owner informed Engineer B he had
retained Engineer C to make an engineering inspection of the facility, and there were problems associated
with the wiring. At the owner's request, a joint inspection of the wiring was made by the two engineers
and the city wiring inspector. The inspection did not reveal any defects in the wiring. The owner advised
Engineer C of his complaint concerning the plumbing and heating systems. Engineer C thereafter
conducted a further study and filed a report with the owner. The report noted there was no problem with
the design of the plumbing system, but concluded there were design inadequacies in the original sizing of
the equipment for hot water and heating. Engineer C recommended the installation of equipment of
higher capacity. Engineer B thereafter filed a complaint with the state engineering registration board
alleging that Engineer C had acted improperly in that the report was not objective and did not include all
pertinent information, and further alleged that the actions of Engineer C were self-serving at the expense
of the dignity and reputation of Engineer B. Engineer B requested the registration board to find Engineer
C guilty of "misconduct" in that Engineer C had obtained employment by a questionable method of
criticizing Engineer b without his knowledge.
The Engineer B’s decision does not comfort the Code of Ethics Section 12 and Section 12(a). Section 12
states that "The Engineer will not attempt to injure, maliciously or falsely, directly or indirectly, the
professional reputation, prospects, practice, or employment of another engineer, nor will he
indiscriminately criticize another engineer's work. If he believes that another engineer is guilty of
unethical or illegal practice, he shall present such information to the proper authority for action". Section
12(a) states that "An Engineer in private practice will not review the work of another engineer for the
same client, except with the knowledge of such engineer, or unless the connection of such engineer with
the work has been terminated."
In this particular set of facts, it is apparent that Engineer B knew that Engineer C had been retained to
make an engineer's inspection of the facility and that the resulting evaluation would necessarily entail a
review of the original designs. Also, it is equally clear that the connection of Engineer B with the project
had been terminated some years earlier. By considering whether the work of Engineer C was for the same
client, it may be helpful for future guidance to again point out that the purpose of 12(a) is to provide the
engineer whose work is being reviewed by another engineer the opportunity to submit his comments or
explanation for his technical decisions, thereby enabling the reviewing engineer to have the benefit of a
fuller understanding of the technical considerations in the original design in framing his comments or
suggestions for the ultimate benefit of the client. On the basis of the information submitted to us, there is
no showing that Engineer B had undertaken his review and subsequent report with the intent to injure the
professional reputation or practice of Engineer A. The fact that Engineer B concluded that some changes
17
were needed in the equipment originally specified cannot alone constitute the kind of actions barred by
12. Otherwise, there would be no point in an owner's retaining another engineer to review the original
design in an attempt to resolve current problems with the facility. In conclusion, I think it is not ethical for
Engineer C to take the assignment and in rendering the report to the owner.

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 Question 8
Engineers are always 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 corners in order to safeguard the good image of the engineering
profession?

Suggested Answer:
1. Introduction
Engineering is one of the most challenging professions on earth. The engineering profession is a high-risk
profession, which involves construction and development etc. Engineering could be a rather lucrative
profession if manage properly. As the saying goes, high gain is always associated with high risk. The
same goes for engineering industry. Engineers, especially civil engineers are often entrusted with the
responsibility of implementing large-scale projects involving millions of dollars. As a result, the integrity
and ethical standards of engineers are seriously being put into test. In the following section of this essay, I
would like to discuss the necessary measures that an engineer could adopt to prevent corruption and
unethical practices of cutting corners in order to safeguard the good image of the engineering profession
in the country.

2. Measures to prevent corruption and unethical practice

2.1 Code of Ethics
Various measures can be adopted by engineers in the direction to prevent corruption and unethical
practices in the engineering profession. One of the most important measures is the familiarisation with the
code of ethics. Engineers must get themselves familiar with the code of ethics that govern the duties and
responsibilities of engineers. Ethics means something more than “law” and “morals”; it carries an
additional connotation of “rightess”. The Code, therefore, is not a list of rules to govern every problem of
conduct, nor is it a broad statement of ideals. It is a statement of the principles of “rightness”, of broad
scope, and with enough detail to enable an intelligent man to deduce for himself the course of his own
professional conduct. The engineering code of ethics explain and illustrate the right tasks that an engineer
should perform and the wrongdoings that he/she is prohibited from undertaking such as unwise practices
of cutting corner, corruptions etc.

2.2 Self Awareness

Apart from familiarisation with the engineering code of ethics, engineers should posses relatively high
self-awareness of their duties and obligations towards the society and country. Engineers are involving in
construction activities such as construction of buildings, houses and infrastructures etc. that can
profoundly affect the life of members of the society. As a result, engineering tasks are significantly
important and any mistakes or negligence leading to collapse of the buildings due to unwise practices
would claim hundreds to thousands of life. In this respect, engineers must posses a relatively high self-
awareness of their responsibilities and obligations towards the society and country in order to minimise
possible unethical practices and corruptions.

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2.3 Checker
One of the most effective means in preventing corruptions or cutting corners is to engage a third party as
checker for the design works or construction project. This third party, called a ‘checker’, could play the
role as an inspector for all related construction works inclusive of design, construction supervision and
commissioning of works. The engagement of the ‘checker’ is to ensure that all related project works are
carried out in accordance to international best practices, sound engineering judgements and all works are
complying with relevant engineering codes.
This has been one of most effective measures that are being widely adopted in the engineering industry to
prevent and minimize possible unethical practices from taking place.

2.4 Stiffer Penalty

Apart from engaging a third party as ‘checker’ for the project, another effective measure that has not been
widely practised in Malaysia is to impose stiffer penalties for those who committed wrongdoings such as
unethical practices and corruptions. The laws in Malaysia have been too lenient to the developers,
contractors and engineers. Stiffer penalties should be imposed to those who has been found guilty of
adopting unethical practices. Penalties such as heavy financial penalties combined with imprisonment,
revoke licence of developers, contractors or engineers etc. could be enforced in order to prevent the
widespread unethical practices in the engineering industry.

2.5 To organize awareness talk

Other effective measures in the direction to prevent corruption and unethical practices in the engineering
profession are to organize awareness talks, seminars or workshops in a more frequent basis. These events
would target those that are involved in the construction industry including developers, contractors,
engineers etc. in order to instil high awareness in all parties of the importance in adopting good practices
in the engineering profession.

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 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.

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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.

22
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.
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Question 9
‘Conflict of professional interest frequently arises in the working environment of an engineer’. Discuss
the statement and propose the appropriate solutions for overcoming the problems.

Suggested Answer:
Conflict is so common in today’s world that is full with sophistication and complexity. All of us are
facing with some kind of conflicts in our daily life. We are frequently encountering conflicts with our
family members, friends, colleagues or even our bosses. Even the countries worldwide are having
conflicts with each other such as conflict betweenUnited States and Republic of China. Conflict occurs as
a result of different views, opinions and different interests in individual, society or country. Everybody,
individuals, societies or countries are looking into their opinions and interests respectively. They adopt a
defensive view of their opinions and interests. As a result, conflict occurs when one is disagree with
another’s opinion. In the following section of this essay, I will discuss the conflict of professional interest
in the working environment of an engineer in particular for the civil engineer, and suggest the appropriate
solutions for overcoming these problems.
As mentioned in the earlier section, conflict occurs as a result of different opinions and interests in
oneself from that of others. Engineering industry is a comparatively wide profession that involves various
parties such as developers, contractors and consultant engineers etc. These parties would have their own
interests and are always be there to safeguard their interests respectively. As a result, conflicts frequently
arise in the working environment of the engineers. Developers are the clients for the construction project.
They are basically businessmen that invest in property development and their main objective is to obtain
profitability. Developers are basically the cost-conscious group and they are very concern about the cost
aspects of the project.
As for contractors, they are also cost-conscious but their main interest is to complete the project fast
within the allocated timeframe in order for them to claim construction fees in soonest possible time.
Consultant engineers however are more concern about the quality of works of the construction activities.
They are there to ensure that the construction works are carried out in accordance to relevant engineering
codes and complying with international best practices. The different interests in these parties have
resulted in conflicts occurring between these parties in a frequent basis.
Various effective measures can be adopted in the direction to reduce conflicts between the developers,
contractors and consultant engineers. One of the most effective measures towards reducing conflicts is to
cultivate mutual respect between each other. All the three parties would have to instil a relatively high
awareness in themselves on the other parties responsibilities and interests. They have to be aware of and
understand the interests of the other parties. Developers, contractors and consultant engineers would have
to respect each other and compromise solution that could meet requirements of all the three parties
respectively. In this respect, they could perhaps create shared objectives or goals that mutually meet the
critical requirements of all parties in order to avoid any unnecessary conflicts from occurring.
Developers, contractors and consultant engineers would have to meet each other in a more frequent basis
to discuss as well as resolve construction issues in a speedy manner. Very common, construction industry
is flooded with various construction issues and problems. However conflicts would occur if these issues
were not being resolved in a speedy manner. As a result, all parties must meet in a more frequent basis in
order to resolve necessary site problems without delay. This is important to avoid any unnecessary
conflicts from developing. In addition, all parties must ensure that effective communication is taken place
in order to minimise unnecessary conflicts as a result of miscommunication.
24
Perhaps the most important measure to minimise conflict is to put yourself into other people shoes. One
would have to possess high self-awareness and be able to understand the other’s parties concerns in order
to gain respect in the society. Developers, contractors and consultant engineers must try to understand the
responsibilities and obligations of one another respectively in order to minimise unnecessary conflicts
from occurring.

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Question 10
Most projects are awarded on competitive bidding basis. Supposing you had been the designated
engineer of one of the bidders, which was not awarded with the letter 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 seen as
conflict of interests. If no, describe the reasons and/ or clear-cut situations why you should decline the
second appointment.

Suggested Answer:
Engineers shall not accept compensation, financial or otherwise, from more than one party for services on
the same project, or for services pertaining to the same project, unless the circumstances are fully
disclosed and agreed to by all interested parties
Engineers shall act for each employer or client as faithful agents or trustees.

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.

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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.

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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

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Question 11
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 and directed to increase the
number of graduates. From the standpoint of professional conduct, describe the necessary curriculum
contents which must be included so as not to compromise the engineering standards.

Suggested Answer:
This is refering to the conservative universities which offer fundamental engineering curriculum without
compromising engineering standards. With limited resources, e.g. lecturers, facilities and funds, the
design of the curriculum is as follows;
Mathematics Courses- Even though mathematics courses are not engineering courses in and of
themselves, proficiency is very important for those who wish to be successful in engineering. In my
revision of the engineering curriculum, a fair share of mathematics classes will be at a higher priority.
Algebra, Calculus, Trigonometry, Differential Equations and coordinate geometry are an integral part of
the engineering curriculum.
Science Courses- Science courses are another big component in our engineering curriculum, particularly
if student’s concentration is in an area like biological or chemical engineering. Physics, chemistry and
computer science are all important aspects of an engineering program. Even if the student’s concentration
is in civil engineering, they will be expected to cover at least the introductory areas of chemistry and
physics. The computer sciences are often tailored to the specific needs of the engineering curriculum, and
they will probably find that proficiency in this area will be very helpful to the rest of their studies.
Engineering Courses- Engineering courses themselves are at the heart of every engineering curriculum.
The types of classes students participate will depend in large part upon your area of concentration. In the
first year however, engineering courses tend to be more introductory and also focused on the tools they
need to do the job; computers in particular. Once they understand the basics, their engineering curriculum
will concentrate on their area of specialization. For example, if the student’s focus on electronics
engineering, he will take a lot of solid state physics and semiconductor device classes, in addition to
classes on circuit theory and logic circuits.
General Studies Courses - Most four-year universities in the United States and Japan want to ensure that
their graduates are well-rounded and conversant in areas apart from their specialization. As a result, their
engineering curriculum will include diverse classes like English composition, Japanese literature,
economics, anthropology, music appreciation and political science. I will revise these subjects and
compile them into General Subject in the first year and Engineering Management in the final year.

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Question 12
Corruption has undermined integrity in professional practice in the engineering industry. The
professional engineer who steadfastly embraces the IEM Regulations on Professional Conduct is left
in a dilemma. His option is that he could just ignore it or turn whistle blower. Explain how you would
handle this problem.

You should at least include below points:

He shall not under any circumstances solicit advisory or consultative work, either directly or by an agent,
nor shall he pay, by commission or otherwise, any person who may introduce clients to him.

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 Question 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 a certain political party approach you seeking your assistance to campaign for them in a
forthcoming state 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 of the
IEM’s Regulations on Professional Conduct.

You should at least include below points:

1. Engineers shall perform services only in the areas of their competence
2. Engineers shall undertake assignments only when qualified by education or experience in the specific
technical fields involved.
3. Engineers shall not affix their signatures to any plans or documents dealing with subject matter in which
they lack competence, nor to any plan or document not prepared under their direction and control.
4. Engineers shall not offer, give, solicit, or receive, either directly or indirectly, any contribution to
influence the award of a contract by public authority, or which may be reasonably construed by the public
as having the effect or intent of influencing the awarding of a contract. They shall not offer any gift or
other valuable consideration in order to secure work. They shall not pay a commission, percentage, or
brokerage fee in order to secure work, except to a bona fide employee or bona fide established
commercial or marketing agencies retained by them.

Introduction
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.

31
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.

32
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.

33
Other Question:
To discuss the roles and key challenges in the academic profession to ensure that local university
produces competent and responsible engineers. To identify differences, if any between the local and
oversea experiences.

Suggestion Answers:
In a book book entitled “Citizen Engineer” by David Douglas, I understand that being an engineer today
means being far more than an engineer. We need to consider not only the design requirements of our
projects but the full impact of our work–from an ecological perspective, an intellectual property
perspective, a business perspective, and a sociological perspective.
Therefore in this era, the author integrate “a competent” and “a responsible” engineer to a new
nomenclature, i.e. Citizen Engineer. The book also explains a critical transition of the engineering
profession from technical focus to include social responsibilities and business context. This shift has
changed the very nature of engineering as it is practiced today and as it must be taught in engineering
degree programs.
The traditional university restricted itself mainly to a close circle of professors and students from the
upper strata of society and lived in relative isolation. It produced the elite of the nation, and society — so
to speak — had to adopt to the elite. Research was the privilege of the professors, determined to a large
extent by personal interests and their contacts among each other.
Consequenly, this university lost contact with society until it was completely isolated and did not
understand the issues of its surroundings.
Furthermore, in this IT era, where students can access to unlimited amount of information, the role of the
institution of higher learning is increasing. As students always confused by the abundant of information
they have in hands, students at all levels need to be challenged to recognize the foundational importance
of practical knowledge in problem solving.
The key challenge that universities are facing is how to promote a culture of continuous improvement and
accountability. Students are not really motivated into inventions any more these days. Most of them seem
satisfied with what others have invented. Students are more into computers communication rather than
physically see the lecturers. This therefore will deteriorate their basic important skill which is oral
communication. Universities need to minimize this trend by introducing more society related projects
such mentoring secondary school students to develop microcontrollers etc.
When I was in Japan, I saw many collaboration works being carried out with the industry. Laboratories
received a lot of funds to do research. Nippon Telegraph and Telephone (NTT) developed numbers of
commercialized projects with University of Tokyo. This trends need to be further discuss in the university
for a better future.
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.

34
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.
35
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.

36