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ENGINEERS IN SOCIETY

Semester Sept 2014

Engineers in Society

ETHICS IN ENGINEERING

Lecturer: KHAIRUL NISAK MD


HASAN
Office: 23-03-22
Ext: 7866
Khairulnisak.hasan@petronas.c
om.my

Route to P.Eng

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Graduatio
n

Registration with BEM


as a Graduate
Engineer
Practical
Experience
Minimum of 3 Years

IEM
Professional
Interview

Pass

IEM Corporate
Member

Professional
Assessment
Examination (PAE)
Pass

Competency
Examination

Professio
nal
Engineer

Approved

Application for
Registration as a
Professional
Engineer

Please always refer to IEM/BEM on accurate and up-to-date information on registration as P.Eng

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Lesson Outcomes

At the end of this section, students should


be able to:
Understand the code of ethics for young
engineers
Learn case studies on engineering ethics
Understand the implications of unethical
issues
related to engineering

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Program Educational
Objectives (PEO)

To produce technically qualified _____


Engineers with the potential to become
leaders of ______ Engineering Industries
To
produce
Engineers
who
are
committed to sustainable development
of ______ Engineering industries for the
betterment of society and nation.

Assurance of Public Safety

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The public is an important entity because they are:


Taxpayer whose money used to fund government projects
Customers who buy the product of engineers
Citizen whose rights are protected against any act of negligence
of engineers

Assurance of Public Safety

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The public interest can be presented


in terms of safety, health and
welfare arising from engineering
work
Safety in engineering is related to
accidents or disasters
Health problem resulted from
engineering non-compliance to Act
that protect the public - noise
disturbance at construction site,
cement dust discharge etc.

Assurance of Public Safety

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Welfare-related issues normally those


affecting the livelihood of the public non-provision for disabled, eye-sore
structure etc.
Responsible engineers would always
put public safety first though costly
but justified in comparing paying
compensation and loss of goodwill in
the event of accident
Engineers
have
paramount
responsibilities and liabilities in
ensuring safety, health and welfare of
the public
7

Assurance of Public Safety

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LAWS :Occupational Safety and Health Laws


- Regulated by DOSH
-Includes research and analysis on related issues
-Enforcement through Approval, Registration,
Accreditation, Inspection, Investigation and Legal
proceeding
Other Laws include:
-Factories and Machinery Act 1967
-Petroleum (Safety Measures) Act 1984
-Occupational Safety and Health Act 1994 (Act
514)
Environmental Quality Act (EQA) 1974
Energy Supply-related Law
8

What is Engineering Ethics?

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Engineering ethics is the field of applied ethics and system of


moral principles that apply to the practice of engineering. The
field examines and sets the obligations by engineers to society, to
their clients, and to the profession.

The study of moral issues and decisions


confronting individuals and organizations engaged in
engineering activities.

Issue of ethics arise because of the specialist


knowledge of the professional, and how the use of
this knowledge should be governed when providing
a service to the public

What is Engineering Ethics?

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Engineer possess specialist knowledge and


training
Client places trust in the engineer that
the service provided will be to the clients
best interest
Engineer must not use the specialist
knowledge and training to exploit the
client

Regulation of Engineers in
Malaysia

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Registration
of Engineers
Act 1967
(Act 138)

The REA was amended in 1972, 1973 1974,


1987, 2002, and 2007 for the betterment
of local engineering practice.

Code of Ethics for Young Engineers

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The Board of Engineers Malaysia (BEM) has, from time to


time, received enquiries and complaints from the public about
the conduct of engineers in relation to the Registration of
Engineers Act. BEM has, therefore, produced the guidelines
herein that outline the conduct expected of engineers. These
guidelines are set out under a number of broad areas relating
to the engineering profession.

Code of Ethics for Young Engineers

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More reference:http://www.bem.org.my/v3/act_2002.html - Act & Regulation


http://www.bem.org.my/v3/body/pdf/PAPER%204.pdf Professional
Practice and Code of Conduct for Engineers (BEM seminar)

Code of Ethics for Young Engineers

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1. REGISTRATION
2. CONSULTANCY
3. SUPERVISION
4. REGULATORY REQUIREMENTS
5. CODE OF ETHICS

Code of Ethics for Young Engineers

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1. REGISTRATION
DO
Engineering graduate with accredited engineering degree must
register with the BEM to take up employment as an engineer
DONT
An engineer should not be the Submitting Person for designs
beyond his/her area of competency
An engineer should not endorse his PE Stamp and sign on reports
or plans not prepared by him
An engineer must not practice in the branch of engineering he is not
registered in.

Code of Ethics for Young Engineers

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2. CONSULTANCY
DO
An engineer should be transparent
requested/required by the client/authorities.

about

his

work

if

An engineer should take full responsibility for the checking of the


work himself.
An engineer should undertake continuing
development to enhance his knowledge and capability.

professional

Code of Ethics for Young Engineers

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2. CONSULTANCY
DONT
An engineer should not accept work NOT within his area of
competency as well as work that he is not familiar with.
An engineering consultant should not carry out projects for fees
below the minimum outlined in the scale of fees.
An engineer should not endorse any work NOT performed and/or
supervised by him.

Code of Ethics for Young Engineers

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3. SUPERVISION
DO
An engineer who is the Submitting Person should be responsible
for the project regardless of whether it is self-supervised and/or
delegated supervision.
An engineer must be familiar with and knowledgeable in the
work he is to supervise.
An engineer supervising a project shall keep proper records of all
documents and correspondence pertaining to the project.

Code of Ethics for Young Engineers

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3. SUPERVISION
DONT
An engineer must not over or under certify progress of works.
An engineer must not certify work NOT within his expertise.
An engineer must not accept site supervisory staff who are NOT
qualified or are incompetent.

Code of Ethics for Young Engineers

Engineers in Society

4. REGULATORY REQUIREMENTS
DO
An engineer should notify the relevant authorities changes in
designs or withdrawal of services.
An engineer should submit completed forms in time for
inspection and approval for Certificate of Fitness / Certificate of
Completion and Compliance.
An engineer should ensure that environmental, health and safety
measures are implemented as per drawings and specifications.

Code of Ethics for Young Engineers

Engineers in Society

4. REGULATORY REQUIREMENTS
DONT
An engineer should not allow works to proceed BEFORE plans
are submitted to and/or approved by the relevant authorities.
An engineer should not undertake a project for which the client is
NOT going to fulfill statutory requirements.

Code of Ethics for Young Engineers

Engineers in Society

5. CODE OF ETHICS
DO
An engineer must be familiar with the Code of Conduct of
Engineers.
An engineer must understand the need for responsibility and
liability as stipulated in the Code of Conduct.
An engineer must respond promptly to complaints and enquiries by
clients /authorities.

Code of Ethics for Young Engineers

Engineers in Society

5. CODE OF ETHICS
DONT
An engineer should not knowingly mislead the public by giving
misrepresented information so as to gain commercial
advantage/mileage.
An engineer should not respond to an open advertisement to bid
for provision of professional service if such provision for the service
requires bidding fees or equivalent as is usually imposed on
contractors.
An engineer should avoid favoritism among vendors and other
suppliers.

How Moral Problems Arise in Engineering?


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Project Realization
conflict

Design

conflict

Start

Conception

Manufacturing/
Fabrication
conflict

conflict

Sales &
Service

Testing
conflict

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Terminologies
Constructor

Owner

Contractors

Client

Owner
Client

Consultant/
Contractor

Consultants

P.Eng

P.Eng

Designer

Client Consultant Contractor


(common)

Designer
Constructor

Design & Build

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Ethical issue

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Ethical issue

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Ethical issue

Case Study 1 Highland Tower

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Collapse of Highland Towers Apartment

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BACKGROUND
The Highland Towers Condominium is located in the district of Hulu
Kelang, Selangor.
The Highland Towers consisted of three blocks 12 storey high
apartments named simply Block 1, 2 and 3 respectively. Directly behind
the 3 blocks was a steep hill with a stream flowing west, which would
have passed to the south of the Highland Towers site if it was allowed to
follow its natural course.
It was constructed between 1975 and 1978. Block 1 was completed and
occupied in 1979.
On Saturday, the 11th December 1993, at about 1.30p.m., after 10 days
of continuous rainfall, Block 1 collapsed 14 years after completion and
killed 48 people.

Collapse of Highland Towers Apartment

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Highland Towers tragedy a misadventure: Court


Malay Mail 04/11/1997
THE Coroner's Court in Kuala Lumpur yesterday returned a verdict of
misadventure following an inquest into the Highland Towers
condominium tragedy which claimed 48 lives on December 11 1993.
Coroner Mohamed Radzi Abas said that the Highland Towers collapse
was not a natural disaster.

Collapse of Highland Towers Apartment

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MAIN CAUSE

In the course of the Highland Towers development, the stream


was diverted by means of a pipe culvert to flow northwards
across the hill slope directly behind Highland Towers.
After due consideration, the High Court decided that Block 1
had collapsed due to a landslide caused primarily by water
which emanated from the damaged pipe culvert, and the
inadequate and unattended drains on the 5th Defendants land.

Collapse of Highland Towers Apartment

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Collapse of Highland Towers Apartment

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Collapse of Highland Towers Apartment

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Collapse of Highland Towers Apartment

Collapse of Highland Towers Apartment

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Collapse of Highland Towers Apartment

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Landslide was caused by water, says engineer


NST 26/08/1998
KUALA LUMPUR, Tues. - A consultant geotechnical engineer told the
High Court today that the landslide in December 1993 behind
Highland Towers was caused by water. Dr Alan Weeks said the
amount of water did not have to be excessive for the landslide to
occur.

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The Highland Tower Story

Defendants
1st Developer
2n
Draftsman
d
3rd Engineer
4th

Majlis Perbandaran Ampang


Jaya

5th Arab-Malaysia Finance Bhd


6th Tropic
7th Owner of Metrolux land
8th

Project manager for the 7th


Defendant

Remarks
Properties Sdn Bhd
Engaged by the developer as the
architect for the project
Engaged by the developer as the
engineer for the project
MPAJ was the local authority for
approvals related to the project
Owner of 50 lots of bungalow
land directly at the rear of site.
The company that carried out
clearing works on the 5th
defendants land in 1992
The higher land adjacent to the
5th defendants land
Was in charge of the
development of the Metrolux
land

9th Selangor State Government


10t Director of Lands and Mines,
h Selangor

Refer to Section 4.11 of the text book for fur

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The Highland Tower Story

Liable Defendants

Liability Percentage

1st Developer

15

2n
Draftsman
d

10

3rd Engineer

10

4th Majlis Perbandaran Ampang Jaya

15

5th Arab-Malaysia Finance Bhd

30

6th Tropic

7th Owner of Metrolux land


8th

10

Project manager for the 7th


Defendant

10

9th Selangor State Government

10t Director of Lands and Mines,


h Selangor

Refer to Section 4.11 of the text book for fur

Collapse of Highland Towers Apartment

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Engineer of Highland Towers to face charges


NST 05/05/1998
KUALA LUMPUR, Mon. - More than four years after the Highland
Towers tragedy that killed 48 people on Dec 11, 1993, the Board of
Engineers Malaysia has brought charges against the consultant
engineer of the condominium project. A top BEM official said today a
tentative date had been set for hearing where engineer Wong Yuen
Kean would be judged by his peers on matters relating to ethics and
professionalism.

Collapse of Highland Towers Apartment

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Highland Towers draughtsman `not qualified'


NST 14/10/1997
KUALA LUMPUR, Mon. - The Coroner's Court here was told today
that the draughtsman for the Highland Towers condominium which
collapsed on Dec 11, 1993, was not qualified to draw plans for a 12storey high building. Henry Lee Inn Seong, 49, the immediate past
president of the Malaysian Institute of Architects, said the
draughtsman, Wong Tin Sang, was not qualified to draw plans for
buildings over 300 sq m or 3,000 sq ft in area, that is buildings above
two storeys.

Collapse of Highland Towers Apartment

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The 2nd Defendant was an Architectural Draftsman. He drew


and submitted the layout plans for and on behalf of the 1st
Defendant.
The 2nd Defendant knew that he was not a fully qualified and
registered architect. When the layout plan was approved
subject to conditions, the 2nd Defendant prepared and submitted
the building plans.
The 2nd Defendant, whilst submitting the layout plans and
building plans, had held himself out as a registered architect.
The local authority, by some error on their part in not checking
the 2nd Defendants credentials had in fact permitted him to
submit such plans.

Collapse of Highland Towers Apartment

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The 3rd Defendant was a qualified civil engineer. The 2nd


Defendant appointed the 3rd Defendant, who was his brother,
to be the consulting engineer for Highland Towers.
Initially, the 3rd Defendants scope of works was restricted to
the structural aspect of the three blocks. But subsequently, the
3rd Defendant was engaged by the 1st Defendant to submit
proposals over the drainage of the area.
His drainage plan was approved. He was also retained by the
1st Defendant to design and supervise the construction of two
retaining walls on the Highland Towers site.

Collapse of Highland Towers Apartment

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A building draftsman is only permitted under the


Architects Act 1967 to design buildings of no more
than two storeys in height and limited floor space. In
this case, each block of Highland Towers consisted of
12 storeys with a built area far exceeding that allowed
for a building draftsman to undertake.

Collapse of Highland Towers Apartment

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I drew plans for Highland Towers


NST 13/03/1999
KUALA LUMPUR, Fri. - A retired draughtsman told the High Court
today he drew the layout plans for Highland Towers based on a copy
of a layout plan which had been approved for a previous developer on
the site. Wong Tin Sang, 63, said the layout plan which contained
basic information like configurations, measurements, lots and
contours, was given to him by the developer of Highland Towers,
Highland Properties Sdn Bhd.

Collapse of Highland Towers Apartment

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I was not responsible for drainage system


NST 16/03/1999
KUALA LUMPUR, Mon. - A retired draughtsman told the High Court
today that he was not responsible for the drainage system at the
hillslope of the Highland Towers condominium and had advised the
developer on the matter. Wong Tin Sang, 63, said the Highland
Towers project required a structural engineer and he did insist that
the developer, Highland Towers Properties Sdn Bhd, engage one for
the hillslope.

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Summary

The decisions of the High Court and the Court of Appeal


confirmed that architects and engineers have a duty to secure
the safety, health and welfare of the public in the performance
of their professional services.
The courts emphasized that every architect and engineer owe a
duty to third parties to ensure that they are sufficiently
qualified to undertake the assignments for which they accept
professional responsibility. The architects and engineers must
also know when to seek a competent specialist in areas outside
their expertise.

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Lesson Learned

Architects and engineers owe a professional obligation to the


public and their profession to conduct themselves and practice their
profession in accord with ethical standards.
Local authorities are also required to act reasonably and in
accordance with the law.
Both the professionals depend on the personal confidence of the
client in their technical competence; and the confidence of the public
at large in the integrity and ethical conduct of the professions as a
whole.
Clients and the public place trust and confidence in the competence
and skills of the professional architects and engineers.

Case Study 2 Terengganu Stadium

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Collapse the roof of Terengganu Stadium

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On June 2, 2009, a major part of the roof construction


collapsed under normal weather conditions, including the
section above the royal box. It was only a year after officially
opened. The major cause for the collapse of the roof was
identified to be the failure of design and the materials used.
One of the structural repair job on the roof was scheduled on
the day of the collapse itself, along with some electrical repair
works being carried out on other part of the stadium. As of
June 2010, the cleaning work and relocation of the collapsed
roof were not finished.[5]

Collapse the roof of Terengganu Stadium

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DESIGN
The Architects conceptual design was accepted and used by the maincontractors in-house Korean sub-contractor to design-and-build the
space frame structure. At no point during the design process did the
Contractor say the design was unbuildable. The design therefore did not
contribute to the collapse.
CONSTRUCTION
It was determined that PWD Terengganu was both Superintending
Officer (SO) and Project Manager for the Stadium Project. Sufficient
evidence was adduced that the consultants were not required to carry
out day to day supervision. They were only required to advise the
SO/PWD when required. The Architects request to have his
representative appointed on site was rejected initially. Instructions and
queries, if any, had to go through the SO/PWD. It appears that the
Architect did not have authority to supervise, or even give instructions
during the construction of the roof.

Collapse of Terengganu Stadium

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Engineer charged over Terengganu stadium collapse


The Star, 31/1/2011
A consultant engineer was charged at the Session Courts here Monday
over the roof collapse incident at Terengganu Stadium on June 2, 2009.
Based on the charge sheet, the consultant engineer was alleged to have
acted like an approved examiner in issuing a document dated Jan 15,
2009 on the main roof truss system and its related works for the
proposal to construct the stadium.
An investigation committee established by PWD determined that the
main cause of the collapse to be a faulty design with failure to take into
account the support condition of the roof structure.
The charge under Section 419 of the Penal Code carries a maximum jail
term of seven years or fine, or both, upon conviction.

Collapse of Terengganu Stadium

Engineers in Society

Engineer charged over Terengganu stadium collapse


The Star, 31/1/2011
A consultant engineer was charged at the Session Courts here Monday
over the roof collapse incident at Terengganu Stadium on June 2, 2009.
Based on the charge sheet, the consultant engineer was alleged to have
acted like an approved examiner in issuing a document dated Jan 15,
2009 on the main roof truss system and its related works for the
proposal to construct the stadium.
An investigation committee established by PWD determined that the
main cause of the collapse to be a faulty design with failure to take into
account the support condition of the roof structure.
The charge under Section 419 of the Penal Code carries a maximum jail
term of seven years or fine, or both, upon conviction.

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QUIZ

State three Professional Code of Conduct published by BEM


for the engineers. In short sentence, give your opinion of that
code of conduct on how it contribute to ensure good practice
in engineering.

Contributed 5% of the test mark