You are on page 1of 107

Topic 3:

Professional Ethics in
Engineering

1
What is an engineer?

2
3
Topic 3: Professional Ethics in Engineering

Engineer and Engineering


 What is an Engineer?
• The word “engineer” is derived from the Latin word
ingenium, meaning “cleverness” or “a brilliant idea”.

• The Oxford Advanced Learner’s Dictionary (2006)


defines an engineer as:
“A person whose job is designing and building
engines, machines, roads, bridges, etc. “

4
Topic 3: Professional Ethics in Engineering
What is an Engineer?
• Person whose principal duty is to apply mathematical
and science knowledge to create practical devices,
structures and processes to serve mankind.
• He/She designs materials, structures, machines and
systems while considering the limitations imposed by
practicality, safety and cost.
• To be an engineer, one would need to meet several
requirements and has to perform his duties in
accordance with certain codes of conduct set by the
relevant authorities or professional institutions.

5
Topic 3: Professional Ethics in Engineering
• What is “Engineering”?
• According to the Accreditation Board for Engineering and Technology
(ABET), USA:
• “Engineering is the profession in which a knowledge of the mathematical
and natural sciences gained by study, experience and practice is applied
with judgment to develop ways to utilize economically the materials and
forces of nature for the benefit of mankind.”
• A simpler definition is provided by the Oxford Advanced Learner’s
Dictionary:
“An activity of applying scientific knowledge to the design, building and
control of machines, roads, bridges, electrical equipment etc”
• Generally engineers create products and processes to improve food
production, shelter, energy, communication, transportation, health
and protection against natural calamities – and to enhance the
convenience and beauty of our everyday lives.
6
Topic 3: Professional Ethics in Engineering
• Disciplines of Engineering
• Until the Industrial Revolution in Europe in 18th
century, there existed only two branches of engineering
namely military and civil engineering.
• Military engineering was concerned with construction
of forts, barracks and military weapons.
• Civil engineering, on the other hand, was devoted to
building the necessary infrastructure for civilians or the
general public such as roads, bridges, buildings,
drainage and water supply systems.

7
• Today, there are five main branches of engineering that
evolved from the original “civil” engineering.
• These are:
– the civil engineering,
– mechanical engineering,
– electrical and electronic engineering,
– chemical engineering
– environmental engineering
• More recent branches include biomedical, aeronautical,
mechatronics and petroleum engineering, among others.
8
Topic 3: Professional Ethics in Engineering
Professional Engineers
What is a Profession?
(“Professions” vs “Occupations”)
• To understand what a profession is, we need to discuss the
characteristics of profession in more details.
• In particular, we need an account of the characteristics of
professions that will enable us to distinguish “professions”
from other “occupations”.
• There is no universally accepted account.
• Rather, we will consider a set of characteristics that at least
usually hold true of professions.

9
Is Engineering a Profession?
• To determine whether engineering is a
profession, we will look at the characteristics of
an engineering work.
Firstly,
- engineering requires extensive formal
education and training.
- An engineering undergraduate degree will
require 4 years to complete and he is required
to work under supervision of an experienced
engineer.
10
Is Engineering a Profession?
Secondly,
- engineering knowledge and skills are vital to our
society as the economy of a country depends largely
on agricultural or industrial production. Engineering is
an indispensable part of the economic activities.
Thirdly,
- engineering work requires extensive, sophisticated
and specialized skills. The essence of an
engineering design is a judgment on how to use the
available materials, components and devices to
reach a specified objective.
11
Is Engineering a Profession?
Thirdly (cont…),
- Discretion is needed in engineering. Engineers
are required to keep their employers or clients’
intellectual property and business information
confidential. In addition, a primary products and
devices designed by him.
- The objectives of safety design and low
production cost are always conflicting. Thus, it
requires discretion on the part of the engineer to
ensure that the design serves its purpose and is
safe to be used.
12
Is Engineering a Profession?
Fourthly,
- an engineer has a monopoly on the provision
of engineering services. In Malaysia, only
engineers registered with the Board of
Engineers Malaysia are allowed to perform
engineering services. This mandatory
requirement is stipulated in the Registration of
Engineers Act 1967.

13
Is Engineering a Profession?
Fifthly,
though engineers who work in large organizations may
have less autonomy in their work than those who work
as independent consultants, engineers generally will
have sufficient autonomy in performing their
engineering work.

From the above analysis and given the critical role that
formal education and special expertise ordinary play in
engineering practice, it can be concluded that
engineering is a profession.
14
Professional Ethics in Engineering
Why we need ethics in the profession?
• Ethics is a branch of moral philosophy that delves into
the good and respected actions that are accepted by
the majority of the society.
• Thus ethics is synonymous with morality.
• It refers to moral values that are sound, actions that are
morally required as right or morally permissible, policies
and laws that are desirable.
• Accordingly, engineering ethics consists of the
responsibilities and rights that ought to be endorsed by
those engaged in engineering and also of desirable
ideals and personal commitments in engineering.
15
Engineering Code of Ethics
What is Engineering Ethics?
• Therefore, engineering ethics may be referred to as
"justified moral values in engineering".
• It involves being fair and just, meeting obligations and
respecting rights, and not causing unnecessary harm by
dishonesty or cruelty or by hubris.
• In addition, it involves ideals of character, such as
integrity, gratitude and willingness to help people in
severe distress.
• And it implies minimising suffering to animals and
damage to the environment.
16
Engineering Code of Ethics
Why Study Engineering Ethics?
• It is important in contributing to
1) safe and useful technological products, and
2) in giving meaning to engineers’ endeavours.
• It is generally accepted that the direct aim of
engineering ethics is to increase one’s ability to deal
effectively with moral complexity in engineering.

17
Engineering Code of Ethics
Why Study Engineering Ethics?
• The study of engineering ethics strengthens one’s ability
to reason clearly and carefully about moral questions.
• To invoke a term widely used in ethics, the unifying goal
is to increase moral autonomy.
• Autonomy means “self-determining” or “independent”.
But not just any kind of independent reflection about
ethics amounts to moral autonomy.
• Moral autonomy can be viewed as the skill and habit of
thinking rationally about ethical issues on the basis of
moral concern.

18
Engineering Code of Ethics
Why Study Engineering Ethics?
The following examples illustrate the complexity of
morality in engineering:
a) James has a client who is considering building a
shopping mall in Penang. The client wants to know
something about the financial affairs of the other
shopping mall in town and the client knows that James
regularly does engineering work for the mall. He asks
James to reveal confidential information about the
finances of the potentially competing shopping mall.
James refuses on the grounds that it would violate his
professional code of ethics.
19
Engineering Code of Ethics
Why Study Engineering Ethics?
The following examples illustrate the complexity of morality in
engineering:
b) Frances is a major shareholder in a small company that
manufactures fasteners that she often specifies in her
designs, because she believes they are the best on the
market. Her fellow shareholders ask her to stop her
practice of informing clients of her financial interest in the
company when she specifies her company’s fasteners. As
one shareholder put it, “Why raise suspicions
unnecessarily? Everyone knows our product is the best.”
Frances responds that her professional code requires her to
disclose known or potential conflicts of interest.
20
Engineering Code of Ethics
Engineering Ethics?
The following examples illustrate the complexity of
morality in engineering:
c) John’s firm is in competition with another firm for a
large construction contract. John’s supervisor asks him
to make some public statements suggesting that the
engineers in the competing firm are not as competent
as the engineers in John’s firm. John knows that this
implied claim would be false, and he refuses to honour
his superior’s request, citing professional code
requirements that he should not untruthfully criticize
other engineers. 21
Code of Ethics
Professional Ethics
• Professional ethics should be distinguished from
personal ethics and common morality.
• Professional ethics is the set of standards adopted by
professionals insofar as they see themselves acting as
professionals.
• Personal ethics is the set of one’s own ethical
commitments, which are usually acquired in early
home or religious training and often modified by later
reflection.
• Common morality is the set of moral ideals shared by
most members of a culture or society.
22
Code of Ethics
Professional Ethics
• The relationships of these three types of morality can be
complex.
• Often they overlap, even though they have different origins.

• Sometimes it is not easy to tell whether a given activity is


required or prohibited by one or more of the three types of
morality.
• Many moral ideals, such as honesty and fairness, are a part
of personal, professional, and common morality.
• Nevertheless, there are situations in which professional
standards may differ from those of personal morality and
even the usual standards of common morality.
23
Code of Ethics
Professional Ethics
The following examples illustrate some of the possible
relationships between professional, personal and
common morality.
a) An engineer refuses to design military hardware because she believes
war is immoral. This refusal is based on personal moral convictions,
not on professional or common morality.
b) A civil engineer refuses to design a project that he believes will be
contrary to the principles of sustainable development. This refusal
could be based on provisions regarding sustainable development in
an Engineering Society professional code of ethics. It might also be
based on personal moral commitments.
c) An engineer insists on complete honesty in the reporting of technical
information to his client or employer. This insistence could be based
on personal, professional or common morality. 24
Identify the following if it 1. Seeva is a vegetarian
is a case of Personal and he is hesitant about
ethics, Professional interviewing at a meat
ethics or Common canning factory as a
Morality? student intern.

3. Ir Wu refuses to accept
2. Engineers at a meat any gifts from his clients
processing factory in a after the successful
Buddhist country faces launch of the
backlash from the locals. condominium project led
by his firm.

5. Nur Razia works as a


4. Su Hui questions her
maintenance engineer at a
career at a defense
tobacco factory. She starts to
contracting company
question the morality of her
designing missiles for
work when a close relative
deployment in war-torn
succumbs to lung cancer due
countries.
to second-hand smoking.
25
Code of Ethics

• Primarily, a professional code of ethics provides a framework for


ethical judgment of a professional.
• However no engineering code of ethics can be so comprehensive
that it is able to encompass all possible ethical situations that a
professional engineer is likely to encounter.
• Rather, the code serves as a starting point for ethical decision-
making.
• It is important to note that ethical codes do not establish new
ethical theories.
• They simply reiterate principles and standards that are already
accepted as responsible engineering practice.
• The code also defines the roles and responsibilities of engineers.

26
Code of Ethics

• However, the code is not a recipe for ethical behaviour; as


previously stated, it is only a framework for arriving at good
ethical choices.
• A code of ethics is never a substitute for sound judgment.
• A code of ethics is not a legal document. One cannot be arrested
for violating its provisions, although expulsion from the
professional society might result from code violations.
• With the current state of professional engineering societies,
expulsion from the professional society generally will not result
in an inability to practice engineering, so there are not
necessarily any direct consequences of violating engineering
ethical codes.

27
Code of Ethics

• Finally, a code of ethics does not create new ethical principles,


instead these principles are well established in society and
foundations of our ethical and moral principles go back many
centuries.
• A code of ethics spells out the ways in which moral and ethical
principles apply to professional practice.
• In short, a code helps the engineer to apply moral principles to
the unique situations encountered in professional practice.

28
Code of Ethics

• How does a code of ethics achieve these goals?


• First, a code of ethics helps create an environment
within a profession where ethical behaviour is the
norm.
• It also serves as a guide or reminder of how to act in
specific situations.
• A code of ethics can also be used to bolster an
individual’s position with regard to a certain activity:
The code provides a little backup for an individual who
is being pressured by a superior to behave unethically.

29
Code of Ethics

• A code of ethics can also bolster the individual’s


position by indicating that there is a collective sense of
correct behaviour; there is strength in numbers.
• Finally, a code of ethics can indicate to others that the
profession is seriously concerned about responsible
professionals.
• A code of ethics, however, should not be used as
“window dressing”, an attempt by an organization to
appear to be committed to ethical behaviour when it
really is not.

30
Functions of Code of Ethics
• Importance of Code of Ethics
• Codes of ethics state the moral responsibilities of
engineers as seen by the profession, and as represented
by a professional society.
• Because they express the profession’s collective
commitment to ethics, codes are enormously
important, not only in stressing engineers’
responsibilities but also the freedom to exercise them.
• Code of ethics is valuable as a general guide to
professional conduct and as an educational tool.
• They are also valuable for court proceedings, formal
support and enforcement procedures.
31
Functions of Code of Ethics
• Importance of Code of Ethics
• The codes are useful in justifying ethical behaviour
to others.
• The Code of ethics is designed to install trust and
confidence of the public on the profession.
• The public is protected from abuse of knowledge of
the profession for personal gain.
• The code of ethics ensures that all professional
advice shall be to the best of the engineers
knowledge, be unbiased, sound and objective.

32
• The code of ethics also requires that a member
shall not recklessly or maliciously injure the
reputation and prospect of another engineer.
• By refraining from doing so, the profession can
work together towards the advancement of the
profession.

33
Functions of Code of Ethics
Importance of Code of Ethics
• Code of ethics play at least eight essential roles:
1. Serving and protecting the public
2. Providing guidance
3. Offering inspiration
4. Establishing shared standard
5. Supporting responsible professionals
6. Contributing to education
7. Deterring wrong-doing
8. Strengthening a profession’s image

34
Functions of Code of Ethics
Serving and Protecting the Public
• Engineering involves both advanced expertise that
professionals, but not the general public, have and
considerable dangers to a vulnerable public.
• Professionals stand in a fiduciary relationship with the
public: trust and trustworthiness are essential.
• A code of ethics functions as a commitment by the
profession as a whole that engineers will serve the public
health, safety and welfare.
• In one way or another, the remaining functions of codes all
contribute to this primary function.
• In fact this is the most important ethics that an engineer
has to abide. 35
Functions of Code of Ethics
Providing Guidance
• Codes provide helpful guidance concerning the main
obligations of engineers.
• Since codes should be brief to be effective, they offer
mostly general guidance.
• Nonetheless, when well written, they identify primary
responsibilities.
• More specific directions may be given in supplementary
statements or guidelines, which tell how to apply the code.

36
Functions of Code of Ethics
Offering Inspiration
• Because codes express a profession’s collective
commitment to ethics, they provide a positive stimulus
(motivation) for ethical conduct.
• In a powerful way, they voice what it means to be a
member of a profession committed to responsible conduct
in promoting the safety, health and welfare of the public.
• Although this paramount ideal is somewhat vague, it,
together with more focused guidelines, constitutes a
collective commitment to the public good that inspires
individuals to have similar aspirations.

37
Functions of Code of Ethics
Establishing Shared Standards
• The diversity of moral viewpoints among individual
engineers makes it essential that professions establish
explicit standards, in particular minimum (often high)
standards.
• In this way, the public is assured of a minimum standard of
excellence on which it can depend, and professionals are
provided a fair playing field in competing for clients.

38
Functions of Code of Ethics
Supporting Responsible Professionals
• Codes give positive support to professionals seeking to act
ethically. A publicly proclaimed code allows an engineer,
under pressure to act unethically, to say: “I am bound by
the code of ethics of my profession, which states that …”
This by itself gives engineers some group backing in taking
stands on moral issues. Moreover, codes can potentially
serve as legal support for engineers criticized for not living
up to work-related professional obligations.

39
Functions of Code of Ethics
Education and Mutual Understanding
• Codes can be used by professional societies and in the
classroom to prompt discussion and reflection on moral
issues. Widely circulated and officially approved by
professional societies, codes encourage a shared
understanding among professionals, the public, and
government organizations about the moral responsibilities
of engineers.

40
• Functions of Code of Ethics
• Deterrence and Discipline
• Codes can also serve as the formal basis for
investigating unethical conduct.
• Where such investigation is possible, a deterrent for
immoral behaviour is thereby provided.
• Such an investigation generally requires paralegal
proceedings designed to get at the truth about a given
charge without violating the personal rights of those
being investigated.
• Unlike the Malaysian Bar, engineering societies like
Institution of Engineers Malaysia (IEM) cannot by
themselves revoke the right to practice engineering in
Malaysia. 41
• Functions of Code of Ethics
• Deterrence and Discipline
• The Board of Engineers Malaysia (BEM) is empowered
by the Registration of Engineers Act 1967 to suspend or
strike out engineers who are unethical after due
investigation process.
• However, the professional societies such as the
Institution of Engineers Malaysia, do suspend or expel
members whose professional conduct has been proven
unethical, and this alone can be a powerful sanction
when combined with the loss of respect from
colleagues and the local community that such action is
bound to produce.
42
• Functions of Code of Ethics
• Contributing to the Profession’s Image
• Codes can present a positive image to the public of an
ethically committed profession.
• Where the image is warranted, it can help engineers
more effectively in serving the public.
• It can also win greater powers of self-regulation for the
profession itself, while lessening the demand for more
government regulation.
• The reputation of a profession, like the reputation of an
individual professional or a corporation, is essential in
sustaining the trust of the public.

43
Engineering Code of Ethics in Malaysia
Governing Bodies
• In Malaysia, an engineer’s professional conduct is governed by the
following bodies and enactment:

a) The Registration of Engineers Regulation 1990 which provides for


statutory code of professional conduct.
b) The Board of Engineers Malaysia, which is a governmental
regulating body.
c) The Institution of Engineers Malaysia which is a learned society
set up under the Societies Act 1966.

44
Engineering Code of Ethics in Malaysia The Registration of Engineers
Regulation 1990 (Incorporating amendments up to 2015)
The code of professional conduct is stipulated under Part IV, S 23 to
S 33 of the Regulation.
• S 23 Every Registered person shall conduct himself
honourably, responsibly, ethically and lawfully.

• S 24 A registered Person shall –


a) discharge his professional duties with due skill, care,
diligence and good faith;
b) at all times hold paramount the safety, health and
interest of the public; and
c) take reasonable steps to reduce foreseeable adverse
effects of professional engineering services on the
environment.
45
Engineering Code of Ethics in Malaysia
• The Registration of Engineers Regulation 1990 (Incorporating
amendments up to 2015)
The code of professional conduct is stipulated under Part IV, S 23 to
S 33 of the Regulation.
• S 26 A Registered Person shall not maliciously injure or
attempt to maliciously injure whether directly or
indirectly, the professional reputation, prospects or business
of another Registered Person.
• S27 A Registered Engineer shall not-
a) Canvass or solicit professional employment;
b) Offer any gift or other valuable consideration, or pay
a commission or brokerage fee in order to secure
professional employment;
c) Except as permitted by the Board, advertise in any
manner or form in connection with his profession,…
46
 
Engineering Code of Ethics in Malaysia
The Registration of Engineers Regulation 1990 (Incorporating
amendments up to 2015)
The code of professional conduct is stipulated under Part IV, S 23 to
S 33 of the Regulation.
• S 29 A Professional Person or an Engineering consultancy
practice shall not be a medium of payment made on his
client’s behalf unless he is so requested by his client nor shall
he, in connection with work on which he is employed,
place contracts or orders except with the authority of and on
behalf of his client.

47
Engineering Code of Ethics in Malaysia
The Registration of Engineers Regulation 1990 (Incorporating
amendments up to 2015)
The code of professional conduct is stipulated under Part IV, S 23 to
S 33 of the Regulation.
• S 31 A registered Engineer or an Engineering consultancy
practice shall not directly or indirectly-
a) Supplant or attempt to supplant another
registered Engineer or an Engineering consultancy practice;
b) Intervene or attempt to intervene in or in
connection with engineering work of any kind
which to his knowledge has already been
entrusted to another registered Engineer or an
Engineering consultancy practice ; or

48
Engineering Code of Ethics in Malaysia
The Registration of Engineers Regulation 1990 (Incorporating
amendments up to 2015)
The code of professional conduct is stipulated under Part IV, S 23 to
S 33 of the Regulation.
• S 31 A Professional Engineer in private practice shall not
directly or indirectly-
c) Take over any work of that other registered Engineer
or an Engineering consultancy practice acting for the
same client unless he has-
i) Obtained the consent of that other registered
Engineer or an Engineering consultancy practice; or

49
Engineering Code of Ethics in Malaysia
Registration of Engineers Regulation 1990 (Incorporating
amendments up to 2015)
The code of professional conduct is stipulated under Part IV, S 23 to
S 33 of the Regulation.
• ii) been formally notified by the client that the services of that
other registered Engineer or an Engineering consultancy practice
have been terminated in accordance with the provisions of any
contract for professional engineering services entered into between
that other registered Engineer or an Engineering consultancy
practice and the client, provided always that in the case of dispute
over non-payment of fees or quantum of any outstanding fees
under the contract, the client may request the Board to be the
stakeholder.

50
Engineering Code of Ethics in Malaysia
Registration of Engineers Regulation 1990 (Incorporating
amendments up to 2015)
The code of professional conduct is stipulated under Part IV, S 23 to
S 33 of the Regulation.
• S 33 Every Registered Engineer while acting in his
professional capacity shall disclose in writing to his client of
the fact if he is a director or member of or substantial
shareholder in or agent for any contracting or manufacturing
company or firm or business or has any financial interest in
any such company or firm or business, with which he deals on
behalf of his client.

51
Engineering Code of Ethics in Malaysia
• The Registration of Engineers Regulation 1990

• The word Registered Engineer refers all Graduate Engineers and


Professional Engineers registered with the Board of Engineers.
• Pursuant to S 15(g) of the Registration of Engineers Act 1967 (REA),
the Board may order the suspension or the cancellation of the
registration of any Engineer “if he is found to have contravened, or
failed to comply with this Act (REA) or any regulations made
thereunder.” Therefore any registered engineers who have
contravened the code of conduct stipulated in the Registration of
Engineers Regulation 1990 will subject to disciplinary actions by the
Board and the actions taken may include suspension or cancellation
of the registration.

52
Engineering Code of Ethics in Malaysia
The Board of Engineers Malaysia
The Code of Professional Conduct
• The Board of Engineers Malaysia (BEM) adopted the five
fundamental canons enunciated by the National Society of
Professional Engineers.
• The Guidelines for Code of Professional Conduct was issued by BEM
on 2005 via circular No 3/2005.
• From time to time, upon receiving suggestions or complaint from
the public, BEM could amend the Code wherever appropriate.
• Generally BEM states that all engineers are expected to uphold the
integrity of the profession by behaving themselves in a manner
expected of them in the Code of Professional Conduct.

53
The Board of Engineers Malaysia
The Code of Professional Conduct
• The 5 Code of Ethics are:
1) A Registered Engineer shall at all times hold paramount the
safety, health and welfare of the public
2) A Registered Engineer shall undertake assignments only if he is
qualified by education and experience in the specific technical
fields in which he is involved
3) A Registered Engineer shall issue public statements only in an
objective and truthful manner
4) A Registered Engineer shall act for each employer or clients as
faithful agent or trustee
5) A Registered Engineer shall conduct himself honourably,
responsibly, ethically and lawfully so as to enhance the honour,
reputation and usefulness of the profession 54
Identify which of the 5 Code of Ethics of the BEM is violated:

1. A Graduate Engineer did not check his load calculations in


designing a suspended walkway.

2. A software developer releases tweaked results of his dating a


to the media following public scrutiny on discrimination again
unattractive people. His results now show equal showcase of
profiles of people deemed unattractive although his algorithms
continue to favour attractive people.

3. A mechanical engineer attempts to interfere with the electron


circuit design of his company’s product.

55
Identify which of the 5 Code of Ethics of the BEM is violated:

4. Ir Ling has been badmouthing his colleague Ir Lloyd in the


industry because he thinks Ir Lloyd is incompetent and not
trustworthy.

5. Rebecca reveals the design of her company’s products to her


husband who works for a competitor because she thinks it’s
important to keep no secrets from her spouse.

56
• The Board of Engineers Malaysia
• The Code of Professional Conduct
• BEM is the platform for engineers to decide on matters relating to
their professional conduct or ethics.
• Matters concerning the professional conduct of registered
engineers will be studied by the Board to determine whether there
is a breach of professional ethics or code.
• If the need arises, BEM will carry out investigations to establish
whether there is a prima facie case against a registered engineer for
contravening the Act.
• The procedures to follow are prescribed in Section 15 of the Act.

57
The Board of Engineers Malaysia
The Code of Professional Conduct
• Should there be a breach of professional ethics or code of conduct
on the part of the engineer but such breach is not serious enough
to warrant suspension or cancellation of registration, appropriate
action, for example, warning, censure or advice would be taken by
BEM as deemed fit.
• Such measures should be viewed by the engineers at large as a
concerned effort on the part of BEM to rid the engineering
fraternity of the black sheep.
• Through its Professional Practice Committee, BEM also hears and
determines disputes relating to the professional conduct and ethics
of registered engineers.

58
The Board of Engineers Malaysia
The Code of Professional Conduct
• The important sections of the Code can be categorized into four
main areas:
a) General Professional Integrity
• The Code generally describes the professional standards that an
engineer is expected to maintain.
• The engineer should always act in such a manner as to uphold the
dignity and reputation of the profession.
• He should at all times apply the conditions of a contract with equal
fairness between the employer and the contractor, and should be
totally impartial in settling any questions, which arise between his
employer and a contractor.
• He should be completely loyal to the interests of his employer. In
performance of his duties towards the employer, the engineer
should also keep in mind the general good of the society and public
safety. 59
The Board of Engineers Malaysia
The Code of Professional Conduct
b) Advertisement
The Code of Professional Conduct contains a provision that an
engineer should not solicit or tout. This implies that an engineer
should not advertise his professional services or canvas for
employment. The following guidelines with regard to
advertisement may be applied:
1) Insertions in charity programmes, congratulatory messages etc:
Notices of donations to charity, insertions in souvenir
programmes and congratulatory messages in the press and
similar notices may include the name and logo of the Professional
Engineer and his company and no further description of his
practice or that of his company is permitted.

60
The Board of Engineers Malaysia
The Code of Professional Conduct
b) Advertisement
2) Advertisements for staff: Advertisements for staff placed in any
medium including newspapers, technical journals and other
publications may include the name and logo of the company
making the advertisement and may contain a brief relevant
statement describing the company.
3) Signboards at work sites: Signboards with the logo, name and
address of the Professional Engineer or his company may be put
up at work sites. A statement indicating the type of services
rendered by the Professional Engineer or his company to the
project is permitted.
•  
61
The Board of Engineers Malay
The Code of Professional Conduct
b) Advertisement
4) Office signboards and nameplates: Lettering and logo on office
signboards located on the exterior of the office shall be
appropriate size. In the tenants‟ directory of an office complex,
the nameplate shall be of the same size as those of other
tenants. A statement of the services provided by the company
e.g. mechanical, electrical and civil is permitted.
5) Letterheads: The letterheads of Professional Engineer or his
company may carry his name and qualifications or the names
and qualifications of key personnel, and the name, postal and e-
mail address, website, telephone and facsimile number, and logo
of the company. A statement of the services provided by the
company is permitted. 62
The Board of Engineers Malaysia
The Code of Professional Conduct
b) Advertisement
6) Telephone, electronic media and other directories: An entry in
the Yellow Pages of the telephone directory, electronic media or
in trade and commercial directories is permitted and may be
given prominence with the use of boldface type or a special
layout. The logo of the Professional Engineer and his company
may also be included in such an entry together with a statement
of type of practice and other information useful to the public.

63
The Board of Engineers Malaysia
The Code of Professional Conduct
c) Conflict of Interest
The Code of Professional Conduct is designed to prevent the
Engineer from getting into a position of conflict of interests:
1) The engineer shall not accept any remuneration from any other
source besides the employer in connection with the works
carried out, and he shall not permit any member of his staff to
accept such remuneration.
2) A Professional Engineer in private practice shall not make
payments or place orders on the employer’s behalf unless
specifically authorized by the employer or client to do so.

64
The Board of Engineers Malaysia
The Code of Professional Conduct
c) Conflict of Interest
The Code of Professional Conduct is designed to prevent the
Engineer from getting into a position of conflict of interests:
3) A Professional Engineer in private practice cannot be a contractor
at the same time. He should not act in a professional capacity for
both the employer and contractor on the same project and
should not practise as a consultant unless specifically instructed
to do so by the employer.
4) When an engineer is a Director of or is otherwise connected to a
company whose interests may conflict with the interests of his
employer, he must declare his interests to the employer in
writing.
•  
65
The Code of Professional Conduct
d) Courtesy to Other Engineer
In order to promote unity comradeship and fair dealing between
members of the engineering profession, the Code of Professional Conduct
states that:
1) A member should not pass unfavourable comments against
another engineer.
2) When accepting an assignment in which another member has
already been involved, the engineer should ensure that the
previous engineer’s services have been properly terminated and
all outstanding fees have been settled.
3) An engineer must not attempt to supplant another engineer, to
try to intervene in any work for which another engineer has
already been engaged.
4) An engineer must not try to compete with other engineers by means of
reduction of fees or other inducements.
66
The Institution of Engineers Malaysia (IEM)
• Unlike most other engineers’ societies in other countries, the IEM is
a professional body of engineers that also handles the licensing of
professional engineers in Malaysia.
• The IEM does not have a separate code of ethics like a majority of
the other societies. The society’s guidelines for professional
conduct are located in section nine of the IEM’s by-laws.
• The first of these guidelines states that members of the society are
responsible to safeguard the public interest, a trait common to all
of the codes of ethics practical by other engineers’ societies.
• The IEM expands on this idea by stating in the preamble of the
Note to the Regulations of Professional Conduct that:
“ in any conflict between a member’s personal interest and fair and
honest dealing with other members of the community, his duty to
the community must prevail. “

67
The Institution of Engineers Malaysia (IEM)

Generally section 9 of the By-laws stipulates following code of ethics


to be observed by their members:
1) To uphold the dignity and reputation of his profession.
2) To safeguard the public interest in matters of safety and health.
3) To exercise his professional skill and judgment to the best of his
ability.
4) To discharge his professional responsibility with integrity.
5) To uphold the dignity and reputation of the Institution.
6) To act with fairness and integrity towards all persons with whom
his work is connected with and other members of the Institution.
7) To operate only within his area of competence.
8) To avoid any conflict of interest.
68
The Institution of Engineers Malaysia (IEM)

• Because the IEM is also responsible for licensure in Malaysia, their


code of ethics is unique among the other codes practised by other
societies.
• The IEM code of ethics, being located in the by-laws of the
organization, is intended not only as ethical guidelines for members
but as actual rules of conduct.
• Because the code of ethics is meant as a governing measure there
are also consequences defined for failure to follow the
organization’s ethical principles.
• Many of the professional engineering organizations around the
world impart consequences to their members for gross failure to
abide by their respective codes of ethics, but few uphold their
ethical codes as absolute guidelines for membership as in the IEM.

69
Ethical Dilemma
• It is always not so clear when determining whether an act is
permissible under engineering code of ethics.
• Ethical dilemmas arise in engineering because moral values are
many and varied.
• Despite the guidelines provided on ethics for engineers, there can
be grey areas where making such determination is difficult.
• The act of bribery, for example, is clearly known as wrongful and it
is also a crime.
• However, there may be cases where it is still a problem determining
what is a bribe and what is not.
• In certain situations, there can also be conflicts between the codes
of ethics, where committing one action that complies with one
code may simultaneously be against another code.
• The dilemma faced by engineers in their practice is delicate matters
that require careful considerations.
70
Ethical Dilemma
• To overcome this dilemma, it has been suggested that following
systematic approach can be used to resolve this problem:
1) Identify the moral values and reasons applicable to the problem.
These values and reasons might be obligation, duties, rights, goals,
ideals or other moral consideration.
2) Clarify the key concept or the related general ideas. For example, what
does it mean by “threat to public safety?” Serious threat or just any
threat?
3) Obtain relevant information and facts to the case.
4) Consider all options. The engineers should attempt all options to
resolve the dilemma before reporting to authority for any wrongful act
of his employer.
5) Make a reasonable decision after weighing all the relevant moral
reasons and facts. This is not a mechanical process but a deliberation
aimed at taking into account all the relevant reasons, facts and values.
71
Responsibilities and Liabilities of Engineers
Responsibilities to Society
• The engineers are the inventor and constructor for all technological
products and therefore are responsible to the society due to their
implementation.
• While engineers are the main technical facilitators, they are far
from being the sole party in the invention of the products.
• Their responsibility is shared with management, their employers,
the public and others.
• Yet their expertise places them in a unique position to monitor
projects, to identify risks, and to provide clients and the public with
the information needed to make reasonable decisions.
• The responsibilities of engineers to the society generally fall under
two main areas:
a. To safeguard safety, health and welfare of the public
b. To minimize impact on environment 72
Responsibilities and Liabilities of Engineers
Safety, Health and Welfare of the Public
• This is the most important responsibilities of engineers to
the society.
• One of the fundamental canons stipulated by the National
Society of Professional Engineers (NSPE) is that
“Engineers, in the fulfillment of their professional duties,
shall hold paramount the safety, health, and welfare of
the public”.
• This requirement has also been adopted by the Board of
Engineers Malaysia which stipulates clearly that “a
registered engineer shall at all times hold paramount the
safety, health and welfare of the public”.

73
Videos
Engineering Ethics Course Part 3 - What kinds of ethical decisions do engineers have to
make (14 min)
https://www.youtube.com/watch?v=MBqs5xGm8zA
Toyota unintended acceleration problems (7 min)
https://www.youtube.com/watch?v=JfFyNjNOZF8
Ford - Sudden Acceleration Investigation (7 - 8 min)
https://www.youtube.com/watch?v=SWJJKYnd9h0
https://www.youtube.com/watch?v=3eGTqKn_ihc&t=10s
https://www.youtube.com/watch?v=YIuFXy2Zi2g
Former VW CEO Winterkorn charged in Germany over diesel scandal | DW News
https://www.youtube.com/watch?v=7F8ndYyfFSY
Space Shuttle Challenger Disaster: Ethics Case Study No. 1
https://www.youtube.com/watch?v=QbtY_Wl-hYI
Hyatt Regency Walkway Collapse: Ethics Case Study No. 4
https://www.youtube.com/watch?v=98l3Us8IU-I

74
Appendices

75
Topic 3: Professional Ethics in Engineering
SIX characteristics to distinguish professions from non- professional
occupations:
1) Training Nature
Entrance into a profession requires an extensive period of intellectual
training while many occupations require extensive apprenticeship and
training that require practical skills, That is: training of professionals
focuses more on intellectual content than practical skills.
- Professional’s knowledge and skills are grounded in theory whose
base is obtained through formal education, i.e. an academic
institution.
- Today, most professionals have at least a bachelor’s degree from a
college or university, and many professions require more advanced
degrees, often conferred by a professional school.
- Thus, the professions are usually closely allied in our society
with universities, especially the larger and more prestigious
ones. 76
Topic 3: Professional Ethics in Engineering

SIX characteristics to distinguish professions from non- professional


occupations:
2) Professionals’ knowledge and skills
• They are vital to the well-being of the larger society.
• A society that has a sophisticated scientific and technological base is
especially dependent on its professional elite.
• We rely on the knowledge possessed by medical doctors to protect
us from disease and restore our health.
• The lawyer has knowledge vital to our welfare if we have been sued
or accused of a crime, if our business has been forced into
bankruptcy, or if we want to get a divorce or buy a house.

77
Topic 3: Professional Ethics in Engineering

SIX characteristics to distinguish professions from non-


professional occupations:
• The accountant’s knowledge is also important for our
business success or when we have to file our tax return.
• Likewise, we are dependent on the knowledge and
research of scientists and engineers for our safety in an
airplane, for many of the technological advances on which
our material civilization rests, and for national defence.

78
Topic 3: Professional Ethics in Engineering

SIX characteristics to distinguish professions from non- professional


occupations:
3) The Work
• The professionals’works require a high degree of sophistication and
special skills.
• It also requires the professional to use his own judgment and
discretion when performing his work.
4) Monopoly
• Professions usually have a monopoly or near monopoly on the
provision of professional services.
• This control is achieved in two ways. First, the profession convinces
the community that only those who have graduated from a
professional school should be allowed to hold the professional title.
79
Topic 3: Professional Ethics in Engineering
SIX characteristics to distinguish professions from non- professional
occupations:
• This control is achieved in two ways.
- First, the profession convinces the community that only those
who have graduated from a professional school should be allowed
to hold the professional title.
- The profession usually also gains considerable control over
professional schools by establishing accreditation standards that
regulate the quality, curriculum content, and number of such
schools.
- Second, a profession often attempts to persuade the community
that there should be a licensing system for those who want to
enter the profession. Those who practice without a license are
subject to legal penalties.  
80
Topic 3: Professional Ethics in Engineering

SIX characteristics to distinguish professions from non-professional


occupations:
5) Unusual degree of autonomy in the workplace.
• Professionals often have an unusual degree of autonomy in the
workplace.
• Professionals in private practice have considerable freedom in
choosing their clients or patients.
• But even professionals who work in large organizations may exercise
a large degree of individual judgment and creativity in carrying out
their professional responsibilities.
• Whether in private practice or an organizational setting, medical
doctors must determine the most appropriate type of medical
treatment for their patients and lawyers must decide the most
successful type of defence of their clients. 81
Topic 3: Professional Ethics in Engineering
Professional Engineers
SIX characteristics to distinguish professions from non-
professional occupations:
5) Unusual degree of autonomy in the workplace.
• This is one of the most satisfying aspects of professional work.
• The justification for this unusual degree of autonomy is that only the
professional has sufficient knowledge to determine the proper
professional service.
• The possession of specialized knowledge is thus a powerful defence
of professional autonomy.

82
Topic 3: Professional Ethics in Engineering

SIX characteristics to distinguish professions from non- professional


occupations:
6) Ethical Standards and Code of Ethics
• Professionals claim to be regulated by ethical standards, which are
usually embodied in a code of ethics.
• The degree of control that professions possess over the services
that are vital to the well-being of the rest of the community
provides an obvious temptation for abuse, so most professions
attempt to limit these abuses by regulating themselves for the
public benefit.
• Professional codes are ordinarily promulgated by professional
societies, and there are occasional attempts to punish members
who fail to abide by the provisions of the code.
83
Topic 3: Professional Ethics in Engineering

SIX characteristics to distinguish professions from non- professional


occupations:

• Holding these six characteristics in mind, it is easy to see that


occupations form a continuum, extending from those that are
unquestionably professions to those that are unquestionably not.
• The occupations that hold a clear title to professional status include
medicine, law, architecture, accounting and dentistry.

84
• National Society of Professional Engineers
Introduction
• The National Society of Professional Engineers (NSPE) is
a professional engineering organization in the United
States.
• It is the national society of engineering professionals
from all disciplines that promotes the ethical and
competent practice of engineering, promotes licensure
and enhances the image and well-being of its members.

• It has published a comprehensive Code of Ethics for


Engineers and these codes have been widely accepted
by most engineering societies in the world.
85
National Society of Professional Engineers

• In the preamble, the Code explains that engineering is an


important and learned profession.
• As members of this profession, engineers are expected to exhibit
the highest standards of honesty and integrity.
• Engineering has a direct and vital impact on the quality of life for
all people.
• Accordingly, the services provided by engineers require honesty,
impartiality, fairness, and equity, and must be dedicated to the
protection of the public health, safety, and welfare.
• Engineers must perform under a standard of professional
behaviour that requires adherence to the highest principles of
ethical conduct.

86
National Society of Professional Engineers
Code of Ethics
• Engineers, in the fulfillment of their professional duties, shall:
1. Hold paramount the safety, health, and welfare of the public.
2. Perform services only in areas of their competence.
3. Issue public statements only in an objective and truthful
manner.
4. Act for each employer or client as faithful agents or trustees.
5. Avoid deceptive acts.
6. Conduct themselves honourably, responsibly, ethically, and
lawfully so as to enhance the honours, reputation, and
usefulness of the profession.

87
National Society of Professional Engineers
Rules of Practice
• 1) Engineers shall hold paramount the safety, health, and welfare
of the public.
a) If engineers' judgment is overruled under circumstances that
endanger life or property, they shall notify their employer or
client and such other authority as may be appropriate.
b) Engineers shall approve only those engineering documents
that are in conformity with applicable standards.
c) Engineers shall not reveal facts, data, or information without
the prior consent of the client or employer except as
authorized or required by law or this Code.
 

88
National Society of Professional Engineers
• Rules of Practice
d) Engineers shall not permit the use of their name or associate
in business ventures with any person or firm that they believe
is engaged in fraudulent or dishonest enterprise.
e) Engineers shall not aid or abet the unlawful practice of
engineering by a person or firm.
f.) 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.

 
89
National Society of Professional Engineers
Rules of Practice
• 2) Engineers shall perform services only in the areas of their
competence.
a) Engineers shall undertake assignments only when qualified by
education or experience in the specific technical fields involved.
b) 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.
c) Engineers may accept assignments and assume responsibility for
coordination of an entire project and sign and seal the
engineering documents for the entire project, provided that each
technical segment is signed and sealed only by the qualified
engineers who prepared the segment. 90
National Society of Professional Engineers
Rules of Practice
3) Engineers shall issue public statements only in an objective and
truthful manner.
a) Engineers shall be objective and truthful in professional reports,
statements, or testimony. They shall include all relevant and
pertinent information in such reports, statements, or testimony,
which should bear the date indicating when it was current.
b) Engineers may express publicly technical opinions that are
founded upon knowledge of the facts and competence in the
subject matter.

91
National Society of Professional Engineers
Rules of Practice
3) Engineers shall issue public statements only in an objective and
truthful manner.
c) Engineers shall issue no statements, criticisms, or arguments on
technical matters that are inspired or paid for by interested
parties, unless they have prefaced their comments by explicitly
identifying the interested parties on whose behalf they are
speaking, and by revealing the existence of any interest the
engineers may have in the matters.

92
National Society of Professional Engineers
• Rules of Practice
4. Engineers shall act for each employer or client as faithful agents
or trustees.
a) Engineers shall disclose all known or potential conflicts of
interest that could influence or appear to influence their
judgment or the quality of their services.
b) 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.
c) Engineers shall not solicit or accept financial or other valuable
consideration, directly or indirectly, from outside agents in
connection with the work for which they are responsible.
93
• National Society of Professional Engineers
• Rules of Practice
4. Engineers shall act for each employer or client as faithful agents
or trustees.
d) Engineers in public service as members, advisors, or employees
of a governmental or quasi-governmental body or department
shall not participate in decisions with respect to services
solicited or provided by them or their organizations in private or
public engineering practice.
e) Engineers shall not solicit or accept a contract from a
governmental body on which a principal or officer of their
organization serves as a member.
 

94
• National Society of Professional Engineers
• Rules of Practice
5. Engineers shall avoid deceptive acts.
a) Engineers shall not falsify their qualifications or permit
misrepresentation of their or their associates' qualifications.
They shall not misrepresent or exaggerate their responsibility in
or for the subject matter of prior assignments. Brochures or
other presentations incident to the solicitation of employment
shall not misrepresent pertinent facts concerning employers,
employees, associates, joint ventures, or past accomplishments.

95
• National Society of Professional Engineers
• Rules of Practice
5. Engineers shall avoid deceptive acts.
b) 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.

96
• National Society of Professional Engineers
Professional Obligations
1) Engineers shall be guided in all their relations by the highest
standards of honesty and integrity.
a) Engineers shall acknowledge their errors and shall not distort or
alter the facts.
b) Engineers shall advise their clients or employers when they
believe a project will not be successful.
c) Engineers shall not accept outside employment to the detriment
of their regular work or interest. Before accepting any outside
engineering employment, they will notify their employers.
d) Engineers shall not attempt to attract an engineer from another
employer by false or misleading pretences.
e) Engineers shall not promote their own interest at the expense of
the dignity and integrity of the profession. 97
• National Society of Professional Engineers
Professional Obligations
2) Engineers shall at all times strive to serve the public interest.
a) Engineers are encouraged to participate in civic affairs; career
guidance for youths; and work for the advancement of the
safety, health, and well-being of their community.
b) Engineers shall not complete, sign, or seal plans and/or
specifications that are not in conformity with applicable
engineering standards. If the client or employer insists on such
unprofessional conduct, they shall notify the proper authorities
and withdraw from further service on the project.
c) Engineers are encouraged to extend public knowledge and
appreciation of engineering and its achievements.

98
National Society of Professional Engineers
Professional Obligations
2) Engineers shall at all times strive to serve the public interest.
d) Engineers are encouraged to adhere to the principles of
sustainable development in order to protect the environment
for future generations.
3. Engineers shall avoid all conduct or practice that deceives the
public.
a) Engineers shall avoid the use of statements containing a material
misrepresentation of fact or omitting a material fact.
b) Consistent with the foregoing, engineers may advertise for
recruitment of personnel.
c) Consistent with the foregoing, engineers may prepare articles for
the lay or technical press, but such articles shall not imply credit
to the author for work performed by others. 99
National Society of Professional Engineers
Professional Obligations
4) Engineers shall not disclose, without consent, confidential
information concerning the business affairs or technical
processes of any present or former client or employer, or public
body on which they serve.
a) Engineers shall not, without the consent of all interested parties,
promote or arrange for new employment or practice in
connection with a specific project for which the engineer has
gained particular and specialized knowledge.
b) Engineers shall not, without the consent of all interested parties,
participate in or represent an adversary interest in connection
with a specific project or proceeding in which the engineer has
gained particular specialized knowledge on behalf of a former
client or employer. 100
National Society of Professional Engineers
Professional Obligations
5) Engineers shall not be influenced in their professional duties by
conflicting interests.
a) Engineers shall not accept financial or other considerations,
including free engineering designs, from material or equipment
suppliers for specifying their product.
b) Engineers shall not accept commissions or allowances, directly or
indirectly, from contractors or other parties dealing with clients

or employers of the engineer in connection with work for which


the engineer is responsible.

101
National Society of Professional Engineers
Professional Obligations
6) Engineers shall not attempt to obtain employment or
advancement or professional engagements by untruthfully
criticizing other engineers, or by other improper or questionable
methods.
a) Engineers shall not request, propose, or accept a commission on
a contingent basis under circumstances in which their judgment
may be compromised.
b) Engineers in salaried positions shall accept part-time engineering
work only to the extent consistent with policies of the employer
and in accordance with ethical considerations.
c) Engineers shall not, without consent, use equipment, supplies,
laboratory, or office facilities of an employer to carry on outside
private practice. 102
National Society of Professional Engineers
Professional Obligations
7) Engineers shall not attempt to injure, maliciously or falsely,
directly or indirectly, the professional reputation, prospects,
practice, or employment of other engineers. Engineers who
believe others are guilty of unethical or illegal practice shall
present such information to the proper authority for action.
a) Engineers in private practice shall 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.

103
National Society of Professional Engineers
Professional Obligations

b) Engineers in governmental, industrial, or educational employ are


entitled to review and evaluate the work of other engineers
when so required by their employment duties.
c) Engineers in sales or industrial employ are entitled to make
engineering comparisons of represented products with products
of other suppliers.

104
National Society of Professional Engineers
Professional Obligations
8. Engineers shall accept personal responsibility for their
professional activities, provided, however, those engineers may
seek indemnification for services arising out of their practice for
other than gross negligence, where the engineer's interests
cannot otherwise be protected.
a) Engineers shall conform to State registration laws in the practice
of engineering.
b) Engineers shall not use association with a non-engineer, a
corporation, or partnership as a "cloak" for unethical acts.

105
National Society of Professional Engineers
Professional Obligations
9) Engineers shall give credit for engineering work to those to
whom credit is due, and will recognize the proprietary interests
of others.
a. Engineers shall, whenever possible, name the person or persons
who may be individually responsible for designs, inventions,
writings, or other accomplishments.
b. Engineers using designs supplied by a client recognize that the
designs remain the property of the client and may not be
duplicated by the engineer for others without express
permission.

106
National Society of Professional Engineers
Professional Obligations
9) Engineers shall …..
c) Engineers, before undertaking work for others in connection with
which the engineer may make improvements, plans, designs,
inventions, or other records that may justify copyrights or
patents, should enter into a positive agreement regarding
ownership.
d) Engineers' designs, data, records, and notes referring exclusively
to an employer's work are the employer's property. The
employer should indemnify the engineer for use of the
information for any purpose other than the original purpose.

107

You might also like