Beruflich Dokumente
Kultur Dokumente
2016229444
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.
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.
Question 2
You are assigned by your employer to prospect an area for an extractable mineral(s).
However, in the course of your work, you discover no such object mineral(s) but some other
valuable mineral(s) which is your employer is (are) not interested. On the other hand, the
information which you have is of great importance to the adjoining interest. As an engineer
are you allowed to release the particular information which you have to the other party so that
the other valuable mineral(s) may be explored. Please discuss taking into consideration
provisions of the IEM Regulations on Professional Conduct.
1. A member shall not improperly disclose any information concerning the business of
his employer or of any past employer.
2. 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.
3. 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.
4. 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
Question 3-1
“It is the responsibility of every engineer to give the highest regard to his profession and
conduct himself with integrity when executing his task”. Discuss this statement in detail
within the context of the Malaysian environment.
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 fulfils 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.
However, in some cases especially in developing country like Malaysia, clients have a
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 fulfil the minimum design requirements by the Government. In this
respect, clients would normally opt for design solutions that are cost effective, and stays
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 with an associated lower construction cost
would obviously 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.
Question 4
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.
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?
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 self 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.
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, resulting in the
inability to meet the schedule and targets.
How would you handle in a situation where there is a conflict between the IEM’s Regulations
on Professional Conduct and commercial consideration?
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. 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.
3. Engineers shall hold paramount the safety, health, and welfare of the public.
5. Engineers shall approve only those engineering documents that are in conformity with
applicable standards.
6. 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.
7. 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.
8. Engineers shall not aid or abet the unlawful practice of engineering by a person or
firm.
9. 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.
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 a code of practice and how it is justified. Is international conformity always
desirable?
Question 8
Engineers are often entrusted with the responsibility of implementing large-scale projects
involving millions of dollars. In view of the large amount of money changing hands, the
integrity and ethical standards of engineers are being put to test. What measures can an
engineer take to prevent corruption and unethical practice of cutting corners in order to
safeguard the good image of the engineering profession?
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
Apart from familiarisation with the engineering code of ethics, engineers should
possess 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 possess a relatively high self-awareness of their responsibilities and obligations
towards the society and country in order to minimise possible unethical practices and
corruptions.
2.3 Checker
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.
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.
Question 9
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 minimize unnecessary conflicts as a result of miscommunication.
Perhaps the most important measure to minimize 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 minimize unnecessary conflicts from occurring.
Question 10
Most projects are awarded on a competitive bidding basis. Supposing you had been
the designated engineer of one of the bidders which was not awarded the letter of intent by
the Client. You are then approached by the ‘winner’ to join the Consultant Team. Should you
accept the second appointment? If yes, describe the situations, which might be seen as
conflict of interests. If no, describe the reasons and/or clear-cut situations why you should
decline the second appointment.
Introduction
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.
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.
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.
Hence, engineers shall not accept wrongful offer by “winner” with the all kind of
reasons to substitute engineer and try to appoint a cheaper one.
Conclusion
As an ethical and responsible engineer, we shall take care the interest of our
employer and ensure duty and professional services rendered to him are completed.
We shall avoid conflict of interests by not assisting two clients who are opposite
competing sides at the same time. If it is unavoidable, we shall inform both of them
and let them to make decision or we choose one.
In the same time, we do not attempt to take over the business prospect of
another engineer unless the engineer consents and there is no unethical and errant
practise in replacing the original engineer.
Question 11
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.
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.
Option one, and acknowledge that you have some responsibility to consider the social
impact of your work, the question of what is a suitable option remains. Option two, leaving
your job, doesn’t seem appropriate in this case, but could be in other cases if you felt strongly
enough about the issue. As a clarification of the third option, it should be noted that the
suggestion is not that you speak out against your company (though, of course, whistleblowing
is legitimate in some cases, especially in cases of serious wrongdoing). Rather, the suggestion
is that you speak out publicly about the need for changes in the law, to stress the need for
regulation. This could be done in a way that remains supportive of your company and your
company’s aims. The claim could be that these new regulations are required so that
companies (like the one you work for) are able to continue to do valuable work without
worrying that their products can be very easily used for less legitimate purposes.
Nevertheless, it would, of course, be preferable if you were able to persuade your company to
work with you in this. Similarly, it will also be beneficial if you have the support of
professional bodies.
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, upon winning the said elections,
they have promised to award your company with all the major projects awarded by the state
government. It is desirable for your firm to secure new projects. Discuss critically on your
actions, taking account of the IEM’s Regulations on Professional Conduct.
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.