Question 1

As a young engineer, you are instructed by your employer to prepare a bankable report for a
prospective project based on the information provided by your employer. You have no access to
ascertain the reliability of the information provided. In light of the IEM Regulations on Professional
Conduct, how do you advise your employer so that you may complete your assignment with integrity.

You should at least include below points:

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

2. A member shall at all times take care to ensure that his work and the products of his work constitute
no avoidable danger of death or injury or ill health to any person.

3. A member shall take all reasonable steps to avoid waste of natural resources, damage of the
environment and wasteful damage or destruction of the products of human skill and industry.

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Question 2.

You are assigned by your employer to prospect an area for an extractable mineral(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.

You should at least include below points:

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

Sample answer

Introduction

As an engineer, we shall be responsible to our employer and take care his benefits unless it is
jeopardizing the community from health and safety aspect. Therefore, we do not disclose information
gained during the course of employment without permission of employer. The works and information
could be highly important and confidential for both the company and staffs.

Duty to employer

With awareness of our duty and responsibility in the company and to our employer, we should also
try to contribute to advancement of the industry and greater benefits of community. If in the course
of my works, some other valuable materials were discovered, the information shall also be properly
recorded and reported first to my employer. Though it is not interested by my employer, the finding/
discovery can be used for goodness of society and possibly can reduce and even recover the non-
productive investment that employer put in. If the engineer feels it is for benefit of the people and
hope the mineral could be extracted, he could propose to his employer. With permission by employer
and disclosure of information in an appropriate way will not scarify benefits of the company.

Duty to Community and Industry

Without jeopardizing the benefits of employer and to contribute to advancement of the industry, I
shall report the findings to employer and possibly followed with submission of proposal to employer
for possible joint venture or information sharing/ selling to another party which they make use of the
valuable materials. By doing so, we could abide by fulfilment of our duty to employer and contribute
to advancement of the industry in morale way.

No wastage of resource (both natural and efforts)

In addition, if employer agrees to disclose the information, which was not useful to us but is of great
interests of the other know party, we avoid waste of efforts and resource put in. The useful material
could also be extracted for benefit of community.

Disclosure of Information in proper way

As per earlier paragraphs, we shall take care the interests of our employer. All information and success
gained during our course of work with current employer could be important for future development
of the company and colleagues. If we feel that the information though not useful to us but to others,
we can propose disclosure of information to employer and let them to make decision for better
advancement of the industry and society at large.

Look after members in the industry

All players in the same industry can compete and help each other. by doing so, the industry can make
progress in a faster pace. The outcome is always everyone become more competitive and cost in
production. By helping others in the industry, we create healthy cooperation with others. In return,
we will also gain their assistance in future.

Conclusion

In the course of our works, we report our findings to employer. In the same time, we make our works
benefiting the society. Disclosure of information, if with good reasons, shall be done in an ethical
manner. The interest of our employer shall be safeguarded. For this case, we shall gain permission
from employer or propose to employer our ideas.

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Question 3-1

Mr X is a project engineer for a project contracted to Y Company owned by Mr Z. Mr Z tells Mr X that

he is ordering the latest model of an electronic gadget for his company staff and he can get a set for
Mr X at the company discounted price. Mr X agrees and pays on delivery. Did Mr X breach the
IEM Regulations on Professional Conduct?

You should at least include below points:

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

Sample Answer

In answering the question required in the Professional Interview Question on Professional

Conduct Regulation by the IEM, an essay needed for explaining thoroughly the answer. May through
this essay will represent my professionalism and understanding on the professional conduct required
as an engineer. In performing duty as an engineer, every decisions and behavior should be guided and
comply with the code of professional conduct. It is crucial for every engineer to follow and aware of
the code in order to entitle with Ir. and to confront with any ethical or professional problem. The
vaguest understanding in engineering ethical is the acceptance of gifts from relevant parties. The
difficulty to differentiate between bribe and gift emits because of the potential for gifts to become
bribes or to be perceived as a bribes. By definition bribe is to give money or presents to someone so
that they will help you by doing something dishonest or illegal (Macmillan Dictionary)

Engineer X agrees on the offer from the contracted company while in the project where the
company is their partner at the moment. By receiving the company discounted price gadget as a gift
is still breaching the IEM regulations on professional conduct, though it is unintended. But the
situation is not breaching by laws that will be referred to BEM for disciplinary action by law. The IEM
regulations is a consensus among the members and will be reviewed periodically. There is difference
between ethical and legal, where many legal things can be unethical same as the situation. Engineer
X behavior shows unethical act where it may affect future decision for other or upcoming project in
choosing the company to be given the tender. In the future engineer X may give the tender for
upcoming project to the company Y due to indebted with Mr. Z during previous venture.

Deceptive manner towards other companies will happen due to the previous offer made by
Mr. Z. The offer will be indirectly as a commission on a contingent basis according to code of ethics
which is ‘Engineers shall not request, propose, or accept a commission on a cont ingent basis under
circumstances in which their judgment may be compromised’ (NSPE Code of ethics 2003). Society may
perceive it as a bribe whe n the engineer caught in red handed in case if any complain report. The
engineer will tend to give the priority in decision to the company Y for future event or others.

When receiving the offer, engineer X shall not be influenced in their professional duties by
conflicting interest, where the offer will only benefit the engineer individually. The decision may affect
other related task in the project involving the engineered permission as a middle man for his or her
company. Any conflict may bias to the company Y or Mr. Z in making decisions.

A member of IEM should not accept any remuneration other than from the engineer’s
employer or without the knowledge or permis sion of his employer. Receiving money upon outside
party may be perceived as a bribe since it is a receiving of something that will influence the engineer
decision favorable to Mr. Z in any decision relate with his company and Mr. Z’s company. By doing
this, the engineer might be unfaithful agent towa rds his employer because the gift may trigger him
to act dishonestly thus the righ t of employer is breach. Automatically this is breaching section 4 of
the BEM’s code of professional conduct where a registered engineer shall disclose all known or
potential conflicts of interest that could influence or appear to influence his judgment or the quality
of his service (BEM Guideline for code of professional conduct, 2005). Any possible activity that may
perceived by others or himself as a bribe should be disclose to the employer as act of professionalism.
This will affect vastly on any consequences of bribe crime in future, thus will curb possibility of further
code breach.
 In conclusion, receiving something has value from other parties instead of employer either
directly or indirectly without employer knowledge will be conduct as a bribe activity. Taking care of
the title of respectable profession as engineer is a responsible of each member by abiding the
regulations on professional conduct carefully. Utilitarianism ethical theory will play crucial part in
taking any decision by an engineer. Considering the ability to predict the consequences of an action
towards society and people involved directly or indirectly. Ethical measurement should be considered
as an ethical and honest engineer. Engineer profession is to serve the society for better life not taking
advantage on the power they have to serve the people. According to section 1 of BEM guideline, a
registered engineer shall at all times hold paramount safety, health and welfare of the public (BEM
Guideline for code of professional conduct, 2005), clearly indeed the ethical and professional conduct
in engineering is important role in making decision in the field of work for better life for the human
life.

Sample Answer 2

Introduction

In Malaysia, when dealing with contractor and subcontractor, it is often unavoidable to have
close and routine liaison with them. It is often some sort of habits such as gift hampers, petrol
allowance, provision of cars, vouchers, some sort of benefits and discount for purchase orders are
always seemed “normal” and not a trait or significant matters that may involve some sort of i
inappropriate intention and conflict of interests.

However, as engineers, we shall always conduct ourselves responsibly, ethically and sincerely.
In course of works, we make sure works being carried out and delivered to meet the intended use,
quality and required specification. As such, we shall receive remuneration and benefits only from our
employer and not others. It is essential to avoid inappropriate actions or decisions during discharging
our duties to employer.

For the case of Engineer X to accept the offer, by Mr. Z, the latest model of an electronic
gadget, at a discounted price, is seemed a bit breaching the IEM regulations on Professional Conduct.
It is because the discounted price indeed can be considered a valuable consideration. Though the
engineer X is contracted to Y company owned by Mr. Z, engineer X is already accepting remuneration
from his employer who contracting him to Y company for the project. He shall not accept financial and
benefits from more than one party for the same project. If Mr. Z appreciate engineer X for his efforts
in the project, he could still make such offer but it is more appropriate to offer via his employer to
engineer X.

For the working environment, the habits could sometime affect the effectiveness of
instruction/ command when we are discharging our routine duties if we have taken some sort of
benefits from another, except it is stipulated inside contract of employment.

Engineer shall be honest when discharging his duties

As an engineer, we shall be honest when carrying out our routine works in work place. We
shall not expect benefits in any kind from others except from our employer. Our firm standing of not
accepting any kind of benefits other than from our employer could help us dealing with others
confidently and earn their cooperation in getting works completed without jeopardizing the quality.
Engineer shall uphold the dignity of the profession

Engineers are needed to perform their duties with integrity. Engineer take care the work
quality, safety and environment. Engineers shall not accept commission and request commission or
other similar financial consideration except their stipulated fee and wages as per employment
contract. It is important to safeguard the good image, professionalism of the profession and ensure
the career a sustainable one.

Engineer shall ensure his work meet the needs, specification, no danger

Without taking benefits from others, engineer and other members in the industry can
cooperate and make the project completed in a truthful way. For all projects, it is priority to ensure
work quality to follow design specification and meet intended use.

Engineer shall accept only remuneration, fees and benefit of his employer

Unless the benefits are stipulated into employment contract prior to commencement of work,
engineers shall not accept unstated kind of benefits. It is important for engineers to carry duties with
integrity.

Conclusion

A Registered Engineer shall not solicit or accept financial or other valuable consideration,
directly or indirectly, from outside agents in connection with the work for which he is responsible
unless the circumstances are fully disclosed and agreed by all interested parties.

Question 3-2

“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.

Sample Answer 1

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 environmentally friendly at the same time
meeting the demanding requirements of client. Engineers have a duty of care to the environment,
society and to their valuable customers or clients. They would have to generate design that fulfil the
design clauses in the engineering codes of design, meeting the requirements by the various
Governmental Departments and incorporate design solutions that are environmentally friendly which
induce minimum negative impacts to the surrounding environment and society. Besides, engineers
would have to take into consideration the cost implication of their design solution to their clients. This
has caused great dilemma in engineers, as they have to balance cost implication of the design solution
with other factors such as quality, efficiency and various socio-economy factors.

In the context of a developing country like Malaysia, in some cases, clients however have
different mindset from that of the engineers. Clients are more concern about the cost implication of
the generated design solution; they are more interested in design solution that is cost effective and
yet fulfils the minimum design requirements by the Government. In this respect, clients would
normally opt for design solutions that are cost effective, that stay within their budget.

Some clients would incorporate project budget that is far inadequate which requires the engineers to
sacrifice the quality and long-term efficiencies aspects in their design solution. This has obviously
contradicted with the engineers’ interests of incorporating optimum design that would guarantee long
-term efficiencies and easy maintenance. In addition, a not-up-to the standards design solution that
obviously with an associated lower construction cost would mean that the engineer would be getting
a much lesser consultation fees in view that the engineering fees are normally proportional to the cost
expenditure of the project. However, these two factors, namely the cost factors and quality are
normally indirectly proportional to one another. This has made the engineers’ life extremely tough
and difficult.

Engineers are constantly wondering if they should go for expensive design solution that would
definitely give both long-term efficient operations and maintenance and most importantly getting a
higher professional fees, or go for an ‘ok’ design solution that might not be able to guarantee the
quality aspects of the project and yet getting a lower professional fees.

In view of the dilemma that engineers are constantly encountering in balancing capital
expenditure with optimum design for efficient operations and maintenance, engineers should by all
means combine both the design and cost aspects in the process of generating design solutions for
their clients. Engineers should not produce a cheap design solution that does not comply with the
relevant code of practices with the purpose just to please their valuable clients, hoping for more
projects. Neither should they generate expensive design, ignore the cost implication of that particular
design and with the purpose to obtain higher professional fee

Sample Answer 2

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 fulfills 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.

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Question 4

Professionalism cannot be taught by regurgitating the IEM Regulations on Professional Conduct nor
by memorizing a set of rules. Do you agree with the statement and why?

Sample Answer 1

Yes, I do. Let’s begin by the definition of “Professional”. Professional person is one who engages in an
activity that requires a specialised & comprehensive education, and is motivated by a strong desire to
serve humanity. Professional thinks & acts in a manner that brings favour upon the individual & the
entire profession. Professional, besides technically competent, shall have a positive attitude toward
life that is continually reinforced by educational accomplishments & professional service.

Professionalism is a way of thinking and living rather than an accumulation of learning. Professionalism
cannot be taught by stating a code of ethics nor by memorising a set of rules. A strong professional
sense is of undoubted benefit to the profession concerned in terms of morale and vocational
satisfaction. It is also a fact that the community

benefits when it is served by a professional whose standing is recognised, in terms both of status and
rewards. It is through the development of a strong professional attitude that the professional man is
motivated to give his biggest contribution to the community. It is probable that professional attitudes
and professional motivation are prerequisites to community recognition and to a reasonable level of
reward, but the one depends very much upon the other.

Ethics means something more than “law” and “morals”; it carries an additional connotation of
“rightness”. The Code, therefore, is not a list of rules to govern every problem of conduct, nor is it a
broad statement of ideals. It is a statement of the principles of “rightness”, of broad scope, and with
enough detail to enable an intelligent man to deduce for himself the course of his own professional
conduct. The essence of all professional codes is that the professional man must be worthy, through
his conduct, of the trust placed in him by the community and by colleagues. This gives rise to a
universal rule of life for every engineer who spires to true professional status: to act in every situation
in a manner that will add to the confidence and esteem in which his profession is held by the
community.

Sample Answer 2

Introduction

The Institution of Engineer Malaysia (IEM) is a society established to promote and advance the Science
and Profession of Engineering in any or all its disciplines and to facilitate the exchange of information
and ideas related to Engineering. The IEM come up with the vision which aims to be the premier
professional Organization pivotal achieving Vision 2020. One of the objective of IEM is to promote
honourable practice and professional etiquette among members of The Institution and to achieve the
objective, IEM had create the regulations on professional conduct. The regulation on professional
conduct is a Code of Professional Conduct designed to cover all eventualities must necessarily be
written in general terms expressing broad ethical principles. Almost every case of doubt as to the
proper course of action required to conform to the Code of Professional Conduct arises from a conflict
between a member’s personal interest and his duty to others.

Regulations issued by the Council to interpret the Code indicate the manner in which members are
required to conduct themselves in a number of situations that are frequently encountered. For
example, the regulations, basically, require members to uphold the dignity of the profession, be
honest and fair to all parties, ensure works constitute no danger, do not jeopardize the benefits of his
fellow engineers. In other situations, members are required to order their conduct in accordance with
the principle that, in any conflict between a member’s personal interest and fair and honest deali ng
with other members of the community, his duty to the community must prevail. The Regulations on
Professional Conduct are made by the Council under Section IX of the Bylaws. In these regulations
‘member’ means a member of any grade referred to in Section II of the Bylaws, and ‘employer’
includes ‘clie nt’. By memorizing this set of regulations and rules, though cannot ensure
professionalism of an engineer, these rules are introduction and basic qualifying requirement and
essential guidelines that all members must remember. After memorizing and understand them with
heart, there are certain aspects are also much desired to attain professionalism of the engineers.

ANSWER :

IEM regulations of professional conduct are written rules and principles for members to conduct
themselves in ethical and morale manner when discharging their duties and carrying their works. The
regulations and rules are written in broad and general terms and cover all eventualities.

The regulations, basically, require members to uphold the dignity of the profession, be honest and fair
to all parties, ensure works constitute no danger, do not jeopardize the benefits of his fellow
engineers, etc.

By memorizing this set of regulations and rules, though cannot ensure professionalism of an engineer,
these rules are introduction and basic qualifying requirement and essential guidelines that all
members must remember. After memorizing and understand them with heart, the following aspects
are also much desired to attain professionalism of the engineers.

Professionalism cannot be taught by regurgitating the IEM Regulations on Professional Conduct nor
by memorizing a set of rules. Yes, I do agree with this statement. What is the definition of professional.
Professional person is one who engages in an activity that requires as specialised and comprehensive
education, and is motivated by a strong desire to serve humanity. Professional thinks and acts in a
manner that brings favour upon the individual and the entire profession. Professional, besides
technically competent, shall have a positive attitude toward life that is continually reinforced by
educational accomplishment and professional service. Professionalism is a way of thinking and living
rather than an accumulation of learning. Professionalism cannot be taught by stating a code of ethics
nor by memorising a set of rules. It is depends on the individual attitude to achieve it. A strong
professional sense is of undoubted benefit to the profession concerned in terms of morale and
vocational satisfaction. It is also a fact that the community benefits when it is served by a professional
whose standing is recognised, in terms both of status and rewards. It is through the development of a
strong professional attitude that the professional man is motivated to give his biggest contribution to
the community. It is probable that professional attitude and professional motivation are pre-requisites
to community recognition and to a reasonable level of reward, but the one depends very much upon
the other.

Ethics means something more than law and morals, it carries an additional connotation of rightness.
The code, therefore, is not a list of rules to govern every problem of conduct, nor is it a broad
statement of ideals. It is a statement off the principles of rightness, of broad scope, and with enough
detail to enable an intelligent man to deduce for himself the course of his own professional conduct.
The essence of all professional codes is that the professional man must be worthy, through his
conduct, of the trust placed in him by the community and the colleague. This gives rise to a universal
rule of life for every engineer who aspires to true professional status. So that to act in every situation
in a manner that will add to the confidence and esteem in which his profession is held by the
community. Depending on the IEM regulations is not the best way to create the professionalism
actions. Training and easily skills in term of professional engineer is important to develop the
personality of engineer. In addition, engineers develop new technologies solutions and responsible to
specify the problem, conducting, narrowing research, analysing criteria, finding, and so on. Therefore,
preparation in term of somatic and mental is one of the main factors that contribute for the
professional ethic later. Therefore, there are certain aspect that can contribute to attain
professionalism of an engineer, there are:

Self-awareness and agreement to the importance of stipulated rules and regulations

Laws, regulations and rules are being introduced, developed, improved and enforced when society
was forming and growing. In other words, civilisation was created with co-existence of rules and
regulations. The rules and regulations are reference of accepted conducts for own comfort from all
aspects and not jeopardizing the same of others. All members in the community will live in harmony
situation and to make progress with healthy and positive competition ways when there are orders and
everyone adhered to them.

For one to adhere to rules and regulations, his agreement and understanding to the rules is important.
Then, he will only pledge to follow the rules. For instance, some of the IEM regulations of professional
conduct prohibit members from using self-laudatory works in advertisement or do not maliciously
injure the reputation and prospect of other engineers.

In my opinions, engineering works are application of science knowledge to improve living standard of
human. Engineers are those involved with the roles. This kind of roles are informative and
implementation patterns and not adjective and praising ways. It is important so that we can perform
our duties with real understanding and attending to engineering problems sincerely. We do not say or
make public perceive that we could perform something extraordinary or can do much better or no
one else could able to do similar. This rule is essential to avoid wrong perception from the public and
to show our sincerity to contribute to the community while taking care of our business prospects.

Engineers shall not injure other engineer both from words and any kind of unethical methods too.
Should they want to compete, they compete with their skill and expertise to strive for valued
engineering design and front end engineering design. With such healthy competition, both will further
improve their own competence, benefiting themselves and the nation.

Practise/ Self-discipline to follow rules

Upon one agrees and understands the rules and regulations are for all members to conduct
themselves in an order and ethical ways, which will eventually strengthen the attractiveness of the
profession as a rewarding career; one will follow and practise the rules and regulations.

Continuing Professional Development

Competence is important for advancement of oneself and for the industry as a who le. Though one’s
practises to-date provide safe and reliable works, technology are becoming more modern compared
20 to 30 years ago. Engineers, in old days, strive for safe, reliable works and meet schedule. For
nowadays, in addition to safe, reliable and within schedule, the clients, industry players and public are
also demanding for valued engineering design, front end engineering design (FEED), Green buildings
and etc.

In other words, the industry is becoming more demanding. We need to cope with latest development
of technology, new knowledge and open to its application. By continuing study and develop our
competence, only can we keep our pace to provide excellent services to clients and public from all
aspect such as safety, reliability, valued for money works, contemporary design and not jeopardizing
the environment.

By continuing professional development, we enhance our competence and compete confidently to

secure jobs and maintain business prospects. By becoming more competent, we could achieve
professionalism and do not need unethical approaches.

Whistle blowers/ Enforcer such as Board of Engineers, Malaysia

There are sometimes some “bad apples”. Therefore, there must be an enforcement system in place.
“Bad apples” are like small moles, but catch most attention and could be a crisis once appear and not
be removed.

In Malaysia, Board of Engineers (BEM) is the regulatory body to register and deregister engineers.
There are also mechanism and reasons, stipulated inside Registration of Engineers Act 1967 (Act 138)
(REA), how an unethical offence that can lead to suspension or cancellation of registration of an
engineer.

However, BEM does not able to play her roles and responsibilities unless there are whistle blowers
and the similar mechanism within Institution of Engineers Malaysia (IEM). By adhering to IEM rules
and regulations, we could abide by most of the regulations by BEM and REA which both are reference
for engineers to maintain professionalism.

Promoter of good practices and network among members such as Institution of Engineers, Malaysia

Interaction among engineers is important. Via interaction, people with similar abilities, qualifications,
background and job nature can become peers among themselves to move to ethical direction. They
could learn, share ideas, monitor and motivate each other.
By becoming members of Institution of Engineers Malaysia (IEM), we can enhance our competence
by participating talks, seminar organised by IEM and share ideas and experience among members. By
becoming IEM members, we promise to abide by IEM rules and regulations. If any of the members
breach the rules, he shall feel shame and will not earn the respect of others.

Guidance/ Mentor system

Young engineers are drivers of the industry and profession in future. It is relatively easy for them to
acquire academic qualification and technical expertise under supervision of a registered professional
engineer. However, both academic and technical skills are not total for professionalism.
Professionalism shall include ethical behaviour too.

Hence, it is of paramount important that supervisor to monitor and guide their trainee the ethical
practices when handling project and bear in mind his obligation to his clients and duties to public and
environment at large.

Conclusion

Regurgitating IEM regulations on professional conduct is basic qualifying requirement to attain

professionalism. In addition to that, members shall have strong agreement to the rules and regulation,
feel proud and honour to follow the rules. It is because their pledges to follow the rules are to maintain
the sustainability of the profession and make the career to continue to be rewarding and respectable
ones.

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Question 5

The IEM Regulations on Professional Conduct speaks against active self-promotion and advertisement.
In what ways would such restraint enhance the stature of engineers as professionals? More
importantly, given the advent of the information technology age where virtual reality is becoming the
norm, how would any violation of the IEM Regulations on Professional Conduct be detected and dealt
with?

Sample Answer 1

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.

Sample Answer 2

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 researchers.

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 r ange of information quickly, it’s also
become a springboard for providing engineering services, particularly to geographicall y isolated

clients who would otherwise go without. It is inexpensive, saves time, allows a lot of people to be well-
informed of the services provided. At this moment of time, the detection is only when someone come
across the advertisement of the services provided by the engineers in the Internet. Those who discover
this could either report it to IEM or remain silent. If the person proceeds with the writing statement
to IEM, IEM disciplinary board will either suspend the membership or the person will be given a
warning. This process is a waste of energy and time. If all the engineers in Malaysia could be embedded
with the Code of Ethics, especially at the university level, I believe the community will be served more
equally in a professional way. The clients should look for those self-promoting engineers in the
Internet as non-compliance person. Therefore public also need to be knowledgeable of the basic
Professional Conducts of engineers

Introduction

IEM regulations of professional conduct are written rules and principles for members to conduct
themselves in ethical and morale manner when discharging their duties and carrying their works. The
regulations and rules are written in broad and general terms and cover all eventualities.

The regulations, basically, require members to uphold the dignity of the profession, be honest and fair
to all parties, ensure works constitute no danger to public, do not jeopardize the benefits of his fellow
engineers, etc.

One of rules is member shall not use self-laudatory language or in any manner derogatory to the
dignity of the profession, to advertise or write articles for publication, nor shall he authorize any such
advertisement or article to be written or published by any other person.

All these IEM regulations of professional conduct, including prohibit of active self-promotion and
advertisement, are to enhance the stature of engineers as professionals and further promote the
profession as an attractive and rewarding ones.
How the prohibition of active self-promotion and advertisement to enhance professionalism?

Active self-promotion and advertisement like sales and marketing industry may result the use of self-
laudatory language. In my opinions, engineering works are application of science knowledge to
improve living standard of human. Engineers are those involved with the roles. These kinds of roles
are informative and implementation patterns and not adjective and praising ways. It is important so
that we can perform our duties with real understanding and attending to engineering problems
sincerely. We do not say or make public perceive that we could perform something extraordinary or
can do much better or no one else could able to do similar. This rule is essential to avoid wrong
perception from the public and to show our sincerity to contribute to the community while taking care
of our business prospects.

However, consultancy services are businesses too. When a prohibition was imposed, resources such
as personnel, time and money earlier allocated for the advertisement could have be channelled and
used for better ways. For instance, these resources can be allocated for training, purchase of latest
analytical and design software, new equipment such plotters and PCs for the office. All these training
can enhance the competency and efficiency of all engineers. In other words, such restraint of active
promotion can promote efforts to maintain and develop professional competency by attention to new
development in science and engineering relevant to his field. Fruitful competition are based on
competence, creativity, innovation, valued engineering design, front end engineering design (FEED),
etc rather than merely active advertisement.

In addition, the restraint can avoid unhealthy competition among engineers such as deduction of fees.
This approach to secure works is definitely detrimental to the profession and other engineers. The
impacts are the profession could no longer be an attractive and rewarding one. In future, there will
less and less talents willing to join the profession making the industry not sustainable and stagnant
from advancement.

Such restraint may promote close collaboration among engineers of different discipline and expertise
too. It is because the projects nowadays are growing in complexity. As an engineer, he does not speak
and make public statement without ensuring his qualification and undertake jobs that are out of his
area of expertise and competence. By pooling all discipline of engineers, they work and collaborate
with one another. Eventually, they can contribute to nation in efficient ways.

How to detect such violation of active self-promotion and advertisement?

Again, as per earlier sub-chapter, active self-promotion and advertisement like sales and marketing
industry may result the use of self-laudatory language. It could sometimes become worst if there is
any manner derogatory to dignity profession.

Therefore, the violation can be detected by identifying the presence of these two elements of
advertisement and articles published on both traditional media and online. If one uses self-laudatory
language, the statement is unlikely providing informative details tally with his qualification, capacity
and competence. Both Board of Engineers Malaysia (BEM) and Institution of Engineers Malaysia (IEM)
have the directory and registration details and public could access via online to check the registration
of individual engineer.

How to deal with the violation of active self-promotion and advertisement?

Peer system within Institution of Engineers Malaysia. Communication is important among engineers.
Via communication, people with similar abilities, qualifications, background and job nature can
become peers of among themselves to move to ethical direction. In addition, they could learn, share
ideas, monitor and motivate each other.

By becoming members of Institution of Engineers Malaysia (IEM), we become peers among each
other. By becoming IEM members, we promise to abide by IEM rules and regulations. If any of the
members breach the rules, he shall feel shame and will not earn the respect of others.

To enhance competence

Competence is important for advancement of oneself and for the industry as a whole. If one becomes
competent, he does not need self-laudatory languages and unethical approach to earn his prospects.
As such, the continuing professional development programs organised by accredited organisation
such as BEM and IEM are much anticipated.

Whistle blowers/ Regulators/ Enforcement such as Board of Engineers, Malaysia

There is sometimes some “bad apples”. Therefore, there must be regulators and enforcement system
in place.

In Malaysia, Board of Engineers (BEM) is the regulatory body to register and deregister engineers.
There are also mechanism and reasons, stipulated inside Registration of Engineers Act 1967 (Act 138)
(REA), how an unethical offences that can lead to suspension or cancellation of registration of an
engineer. One of the by-laws also stipulates that a registered engineer shall not advertise in any
manner or form in connection with his profession (Item 27c) except as permitted by BEM.

However, BEM does not able to play her roles and responsibilities unless there are whistle blowers
and assistance of IEM.

Most registered engineers are also members of IEM. IEM has similar mechanism to suspend
membership of default members. Hence, the close

collaboration from both BEM and IEM since earliest days is dealing with the matters. By adhering to
IEM rules and regulations, we could abide by most of the regulations by BEM and REA, which include
the prohibition of active self promotion and advertisement.

Conclusion

Prohibition of active self-promotion and advertisement are not means to restrict growing of business
of individual engineer. It is indeed encouraging competency with allocation of resources into
enhancing competence and skills. The restraint could avoid unhealthy approaches which shown
desperation to secure jobs but jeopardizing the profession as a rewarding career as a whole and in the
long run.

————————————————————————————————— ———————————

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?
You should at least include below points:

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.

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

Sample Answer 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.

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

Introduction

According to IEM regulation on professional conduct, members shall ensure that his works and
products constitute no danger, cause no health issues and no damage to the environment. When there
is conflict of interest between his own and others especially the community, his shall uphold the
benefit of the community and his duty to them must prevail.

In addition, it is responsibility of all humans to not polluting the environment, not initiating
irresponsible actions that will jeopardize others and own good health and safety. All economic
activities and development will only become sustainable if people are healthy, work places are safe
and environment is clean.

Like sickness, prevention is better than cure. If the sickness has unfortunately arisen upon us, we shall
open to medical examination and accept the cure.

If my project activities or plant production had cause an adverse health, safety or environmental (HSE)
impact, I will report, discuss and advise employer for stipulated period for repair and rectification
works. If it is deemed necessary, due to benefits of workers and public from HSE aspects, I will
recommend too about ceasing of project activities and production though that may resulting in the
inability to meet the schedule and targets.

In the same time, I will quickly kick off the repair and rectification works, along with contingency plan
such business response plan to catch up schedule of project activities and production after repair
works with all relevant colleagues and staffs.

The prime action is definitely to settle the HSE matters. While in the same time, we plan and arrange
in advance plans to recover business and project activities or production back to tracks once the HSE
matters are settled.

Stop work

Occupational, Safety and Health Act 1994 is the law to govern the safety and health at work places
while Environmental Quality Act 1974 is the law to govern environmental matters in Malaysia. For
construction and manufacturing industries, which often involve the use of heavy machine and
equipment, Factories and Machinery Act 1967 is the law to govern the safe use of machine during
work and after installation for tenant use.

Under the acts, both employer and employee have obligation to ensure safety and health at
workplaces and not causing environmental problems. If offended, fines and imprisonment could be
imposed.

Nowadays, many companies have their own HSE policy too, which could be more stringent because
industry oriented requirement such as oil and gas industry. By adhering to company HSE policy, it is
sometimes abide by the laws. In addition, the self-voluntary stop work is not merely obligation to laws,
it is indeed our commitment to HSE and sustainability of project activities and business. Stop work at
early stage when problems are identified, rather than waiting until serious damage take place, could
maintain good corporate image and make the business sustainable.

For construction industry, one errant contractor with occurrence of bad HSE incidents would not be
welcomed by client and could be blacklisted from future bidding of projects.

Repair/ rectify the problem within schedule

The stop work period provide full access of all relevant personnel and measurement to repair and
rectify the problems.

The cause of problem and remedy methods, should have already identified prior to or immediate to
be identified after stop work initiated. If it is the machine problem, the machine shall be repaired and
replaced. If it is the work place, which are messing and could cause safety concern because of
negligence, the place shall be cleaned and arranged in order. If it is the work process could cause the
HSE matters, the expert and relevant personnel shall modified the work flow with involvement and
briefing to all staffs. If it is the competency of the staffs, training shall be provided.

For instance, mining industry could catch worldwide attention because HSE matters once occur are
often serious and accompanied with loss of lives. If it is noticed that there is uncomfortable signs about
the tunnel access and its underground structures, the stop work is inarguably the best option to
uphold safety of the workers. It is unavoidable that no production during the period until full
strengthening of the underground access rather than permanent closure issued by authority.

Miscellaneous response plan

As per earlier sub-chapter, the stop and problem rectification work are not deterrents to business
growing or achievement of business target but to ensure sustainability and to achieve goals, which is
including the project schedule.

During the stop work and repair work period, planning and schedule to catch the project and
production activities can be carried out, which can cover all

aspects after the completion of repair works. The planning can cover order and delivery of materials,
sourcing for suitable tools, machines and technology to carry work in an efficient and speedy ways,
training of staffs to be more skilful and employment of additional manpower.

In addition, the current encountered difficulties can be informed to and discussed with clients. This is
to show our sincerity and commitment to them for quality excellence and to safeguard their interest
too. Benefit of all parties will be affected if HSE matters are not taken as priority. Rational clients may
provide extension of time for completion too.
Car manufacturers such as Toyota and Honda have shown to the world of their commitment and
responsibility to users of their cars. They recall back their products and rectify them. Such actions do
not hurt their business but indeed helping to boost to higher level of consumer confidence. This is
definitely good example to all players of other industries too.

Conclusion

In other words, efforts and incorporation of HSE concern into project activities and production are not
merely obligation to laws but also aligning to sustainability of commercial interest and consideration.
For my project activities and production, if HSE matters are affected, I will definitely rectify the matters
first and follow up with response plan to catch up the schedule for the project activities and
production.

————————————————————————————————— ————————————

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?

Sample Answer

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

conforming to the technical or ethical standards of engineering knowledge and often long and
intensive academic preparation by discerning and comparing. To make an engineering judgement,
decisions are usually based on technical information and public impact. There are few factors that can
develop the judgement such that academic training, professional experience, professional
development and mistakes.

In the society nowadays, engineers play an important role to ensure the safety of life, which is
important to maintain and improve the quality of the world. Engineers independently address and
reconcile a broad range of complex engineering problems, whichmay or can’t be adequately assessed
and determined, from measurement or observation alone. They deal extensively with controversial
economic and public policy issues that are likely to hinder progress of construction or operating
permits. Besides that, engineers can represent department with authority on technical engineering
matters to develop procedures and standards for multiple engineering projects that are significantly
technical and complex. Engineering judgement is important because engineers apply professional
judgment where a variety of conflicting engineering related conditions present a major problem.

One thing that can’t be neglected is codes and practices often suggest discretion of engineering
judgement. There are meritsand demerits of international codes of practice and standards as opposed
to national documents within the context of the Malaysian industry and practices.

For example, Engineer A, employed by the XYZ Manufacturing Company, is assigned to an internal task
force composed of engineers to develop a job description and qualifications for a supervisory
engineering position and to prepare a list of qualified engineers for the position. The task force
interviews a number of candidates, eliminating some and advising them that they are no longer under
consideration. At the conclusion of its interviews the task force members all agree that none of those
considered is of the quality desired. The other members of the task force, however, tell Engineer A
that they believe he is highly qualified and suggest that he resign from the task force so that he may
be considered for the position as being in the best interest of the company.

From the example above, it’s clearly shown that the decision of Engineer A does not comfort to Code
of Ethic -Section 8 and Section 11.

Section 8 states that “The Engineer will endeavor to avoid a conflict of interest with his employer or
client, but when unavo idable, the Engineer shall fully disclose the circumstances to his employer or
client.”. I assume that those in management who appointed Engineer A to the task force would know
the facts when and if A’s name were presented for the higher position, there will be no ethical problem
regarding his relationship with his employer. As has often been noted in the past, a conflict of interest
between an employed engineer and the employer occurs only when the circumstances are such that
an advantage to the engineer would be at the expense of the employer. Even if that were the case,
however, an employer may waive the conflict when it is to his or her advantage to do so.

There may be some implication that Engineer A had some hidden role in the determination of the task
force members, including him, that none of the other candidates was acceptable for the higher
position. If Engineer A were improperly motivated to influence an adverse conclusion on the other
candidates he could have had in mind the result that the other members of the task force would turn
to him. But this is a highly conjectural approach, without supporting evidence, and I assume under
these conditions that the other members of the task force could not so easily have been led to that
result.

The ultimate ethical issue under the above assumption is whether Engineer A had competed unfairly
with other engineers by attempting to obtain advancement by "improper or questionable methods."
If there were any reasonable basis to support a suspicion that Engineer A had, in fact, used his position
on the task force to achieve the position for himself, that would be a clear violation of Section 11 of
the code. Thus, I suggest that Engineer A should resign from the task force and permit himself to be
considered as a candicate so that it would be ethical.

There’s another example. Engineer B had been reta ined by the prime professional engineer to provide
mechanical and electrical engineering services for a large housing project. The project was completed
and occupied four years later, and Engineer B was fully paid for his services. Approximately seven
years after the srcinal occupancy, ownership of the facility changed. The new owner informed
Engineer B he had retained Engineer C to make an engineering inspection of the facility, and there
were problems associated with the wiring. At the owner's request, a joint inspection of the wiring was
made by the two engineers and the city wiring inspector. The inspection did not reveal any defects in
the wiring. The owner advised Engineer C of his complaint concerning the plumbing and heating
systems. Engineer C thereafter conducted a further study and filed a report with the owner. The report
noted there was no problem with the design of the plumbing system, but concluded there were design
inadequacies in the srcinal sizing of the equipment for hot water and heating. Engineer C
recommended the installation of equipment of higher capacity. Engineer B thereafter filed a complaint
with the state engineering registration board alleging that Engineer C had acted improperly in that the
report was not objective and did not include all pertinent information, and further alleged that the
actions of Engineer C were self-serving at the expense of the dignity and reputation of Engineer B.
Engineer B requested the registration board to find Engineer C guilty of "misconduct" in that Engineer
C had obtained employment by a questionable method of criticizing Engineer b without his
knowledge.
The Engineer B’s decision does not comfort the C o d e o f E t h i c s Section 12 and Section 12(a).
Section 12 states that "The Engineer will not attempt to injure, maliciously or falsely, directly or
indirectly, the professional reputation, prospects, practice, or employment of another engineer, nor
will he indiscriminately criticize another engineer's work. If he believes that another engineer is guilty
of unethical or illegal practice, he shall present such information to the proper authority for action".
Section 12(a) states that "An Engineer in private practice will not review the work of another engineer
for the same client, except with the knowledge of such engineer, or unless the connection of such
engineer with the work has been terminated."

In this particular set of facts, it is apparent that Engineer B knew that Engineer C had been retained to
make an engineer's inspection of the facility and that the resulting evaluation would necessarily entail
a review of the srcinal designs. Also, it is equally clear that the connection of Engineer B with the
project had been terminated some years earlier. By considering whether the work of Engineer C was
for the same client, it may be helpful for future guidance to again point out that the purpose of 12(a)
is to provide the engineer whose work is being reviewed by another engineer the opportunity to
submit his comments or explanation for his technical decisions, thereby enabling the reviewing
engineer to have the benefit of a fuller understanding of the technical considerations in the srcinal
design in framing his comments or suggestions for the ultimate benefit of the client. On the basis of
the information submitted to us, there is no showing that Engineer B had undertaken his review and
subsequent report with the intent to injure the professional reputation or practice of Engineer A. The
fact that Engineer B concluded that some changes were needed in the equipment srcinally specified
cannot alone constitute the kind of actions barred by 12. Otherwise, there would be no point in an
owner's retaining another engineer to review the srcinal design in an attempt to resolve current
problems with the facility. In conclusion, I think it is not ethical for Engineer C to take the assignment
and in rendering the report to the owner.

————————————————————————————————— ————————————

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?

Sample Answer 1

1. Introduction

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

2. Measures to prevent corruption and unethical practice

2.1 Code of Ethics

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

2.2 Self Awareness

Apart from familiarisation with the engineering code of ethics, engineers should posses relatively high
selfawareness of their duties and obligations towards the society and country. Engineers are
involving in construction activities such as construction of buildings,

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

2.3 Checker

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

2.4 Stiffer Penalty

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

2.5 To organize awareness talk

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

Sample Answer 2

1. Introduction

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

2. Measures to prevent corruption and unethical practice

2.1 Code of Ethics

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

2.2 Self-Awareness

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

2.3 Checker

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

2.4 Stiffer Penalty

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

2.5 To organize awareness talk

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

Introduction

Though engineers contribute to nation in general, public sometimes cast suspicious feeling of possible
unethical conduct, bribery and corruption upon engineers and others in the construction industry
when there are failure of engineering works. For instance, public is inevitably doubt about the integrity
of engineers when the collapse of steel roof at Sultan Mizan Zainal Abidin Stadium, cracking of pier
structures of MRR2, collapse of a building at Petaling Jaya during demolition works, delays of
completion of mega projects, boosting up of project cost and etc. These cases have resulted bad
perception among the public about the ethical behavior, competency and responsibility of engineers
and others in the industry.

It is often, when failures of engineering works take place and boosting of project cost is reported,
public perceive possible corruption has taken place. The investigation of trueness of the perception
upon engineers or others in the industry to be handed over to relevant parties such Board of Engineers
and Ad hoc committee set up for the objectives.

Notwithstanding to trueness of the perception, engineers shall still take actions and behave
themselves in professional manners to safeguard the good image of the profession. The good and
responsible actions are much needed from engineers for the sustainability, advancement of the
engineering profession and good prospect to those involved in the career. Some of the actions are:

a) Adhere to code of ethics and abide by laws, rules and regulations

Engineers shall be well versed with rules and regulations relevant to his practices and registration such
as Registration of Engineers Act 1967 (Act 138). Section 15 of the act stipulates that an engineer can
be suspended and cancelled his registration with the board if he is found to offer or accept illicit

commission and involved with dishonesty and fraud practices.

Rules and regulations from both Board of Engineers Malaysia (BEM) and Institution of Engineers
Malaysia (IEM) also prohibit engineers from accepting remuneration from others except from his
employer when discharging their routine duties and responsibility.

Therefore, engineers shall follow the rules and regulations when discharging their responsibility,
which is also directly to maintain the dignity of the profession and fellow engineers.

In addition to Registration of Engineers Act, Street, Drainage and Building Act 1974 (Act 133), Uniform
Building By-laws 1984, Occupational Safety and Health Act 1994, Factories and Machinery Act 1967, if
could be well studied and remembered by engineers, also can enabling engineers discharging their
duties and liaising with all parties confidently. All these acts are not restricting prospect and
performance of engineers but instead are useful reference to safeguard the good image of engineering
profession and construction industry.

b) Executing works, duties and responsibilities according to appropriate work procedure

Engineers shall follow generally accepted, but not burdening work procedure, to prevent possible
occurring of unethical behavior and bribery.

For instance, site engineers may inform head office, after reporting to project manager, about the
much needed construction material at project and also may attend to new product presentation from
salesperson. However, the quotation, purchase order, invoice and payment method shall be followed
by others and colleagues from relevant department such as purchasing department.

For site engineers, he shall inform and request the presence of resident engineer or clerk of works,
who are normally act on behalf of consulting engineer and project owners when there are testing
works. For instance, it is advised that presence of third party engineer (not from contractor) to witness
the preparation of concrete cube, cube test work, piling works, early setup and reading of gauging
instrument for Maintain Load Test, etc. This work procedure and request could prevent unethical
behavior due to conflicts of interest. In other works, people to execute the works, the person to certify
the results or quality and the party to make the payment are recommended not the same individual.

With the above work procedures, pay master and certifying parties of different parties could avoid
unethical and corruption.

c) Be open-minded, transparent when conducting assessment and make decision

An engineer shall be open-minded and transparent when discharging his responsibility with other
professional counterpart and project owners.

For instance, if the engineer is the one that project owner rely mostly for advice of award of contract,
he shall be well versed about the tender document and specification. Then, he subsequently makes
fair evaluation including assessment to possible counter proposal from all aspect such as specification,
completion period, capability and price to meet client’s requirement.

Such open-minded and transparent situation could be promoted by conducting tender interview with
presence of project owner, members of the consultancy team and allow queries and presentation by
all bidders. All discipline of the consultant team members to take care their respective technical roles.

With open mind set, check and compare all proposal and options in transparent situation, without
stick or keen to one, the best decision can be made and unethical behaviour avoided.

d) Engineering decision made via team and committee

Engineering works often involve millions of ringgits. Hence, it is promoted decision made by a group
of members of all relevant discipline and stakeholders via situation at sub-subject c). Being at
transparent situation, conflict of interest could not easily be hidden and unethical behaviour can be
prevented.

e) Do not abuse authority (power) for own interest and report conflict of interest

Abuse of authority could be prevented with practice as per earlier sub-subject c) especially for
conventional contract.

In addition, engineer should report in writing about conflict of interest to client. It is even more
appropriate if he reject appointment as consulting engineer for the same project if he have substantial
stake of the contracting or supplier firm and keen to bid for the contract. By choosing whether to work
as consulting engineer and contractor only, we could avoid conflict of interests and unethical
behaviour.

f) Conduct routine inspection and spot check

The professional engineer, though with his appointed representative at site, shall also conduct spot
check or inspection to site. If possible, the inspection shall be periodical. He shall read and check the
site dairy and record too. Spot check and periodical inspection to site may enable engineer to provide
early reminder so that work quality can achieved and unethical conduct could be prevented at site.

g) Work Audit (Check and balance)

An engineer shall be aware and open that his works can be reviewed and audited if requested by
project owners. Internally, there shall be a superior or employer supervising his works. Hence, he shall
not accept bribery or be involved in unethical behavior in any manner.

h) Practice zero tolerance to corruption

Engineer shall report immediately of unethical behavior and corruption to Board of Engineers,
Malaysia, Institution of Engineers Malaysia and Association of Consulting Engineers for unethical
behavior. For bribery and corruption, the case shall be report to Anti-corruption agency.

i) Continuing Professional Development

All engineers shall strike for excellence for their works. In order to strike for excellence, engineers shall
always continue study and follow the latest development of technology relevant to their field of works
and others. With continuing self-improvement, engineers could become more competent when
discharging their duties. When an engineer or any person became more competent, he does not rely
to not morale and not ethical actions.

We could become more competent by joining the Institution of Engineers Malaysia, where we could
take part in seminars, talks, discussions. We could meet other fellow engineers, exchange view, share
our work experience and ideas. By becoming more competent, we do not need unethical practice of
corruption.

Conclusion

Engineers play significant role in developing the nation. Almost all mega projects that are needed to
put our nation into developed conditions need engineers. Therefore, engineers shall have ethical
behaviour which is much anticipated to contribute to healthy and competent work culture while
contributing to the physical and hardware aspect.
Question 9.

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

Sample Answer 1

Conflict is so common in today’s world that is full with sophistication and complexity. All of us are
facing with some kind of conflicts in our daily life. We are frequently encountering conflicts with our
family members, friends, colleagues or even our bosses. Even the countries worldwide are having
conflicts with each other such as conflict between United States and Republic of China. Conflict occurs
as a result of different views, opinions and different interests in individual, society or country.
Everybody, individuals, societies or countries are looking into their opinions and interests respectively.
They adopt a defensive view of their opinions and interests. As a result, conflict occurs when one
disagrees with another’s opinion.

In the following section of this essay, I will discuss the conflict of professional interest in the working
environment of an engineer in particular for the civil engineer, and suggest the appropriate solutions
for overcoming these problems.

As mentioned in the earlier section, conflict occurs as a result of different opinions and interests in
oneself from that of others. Engineering industry is a comparatively wide profession that involves
various parties such as developers, contractors and consultant engineers etc. These parties would
have their own interests and are always be there to safeguard their interests respectively. As a result,
conflicts frequently arise in the working environment of the engineers. Developers are the clients for
the construction project. They are basically businessmen that invest in property development and
their main objective is to obtain profitability. Developers are basically the cost-conscious group and
they are very concern about the cost aspects of the project.

As for contractors, they are also cost-conscious but their main interest is to complete the project fast
within the allocated time frame in order for them to claim construction fees in soonest possible time.
Consultant engineers however are more concern about the quality of works of the construction
activities. They are there to ensure that the construction works are carried out in accordance to
relevant engineering codes and complying with international best practices. The different interests in
these parties have resulted in conflicts occurring between these parties in a frequent basis.

Various effective measures can be adopted in the direction to reduce conflicts between the
developers, contractors and consultant engineers. One of the most effective measures towards
reducing conflicts is to cultivate mutual respect between each other. All the three parties would have
to instill a relatively high awareness in themselves on the other parties responsibilities and interests.
They have to understand and be aware of the interests of the other parties. Developers, contractors
and consultant engineers would have to respect each other and compromise solution that could meet
requirements of all the three parties respectively. In this respect, they could perhaps create shared
objectives or goals that mutually meet the critical requirements of all parties in order to avoid any
unnecessary conflicts from occurring.

Developers, contractors and consultant engineers would have to meet each other in a more frequent
basis to discuss as well as resolve construction issues in a speedy manner. Very common, construction
industry is flooded with various construction issues and problems. However, conflicts would occur if
these issues were not being resolved in a speedy manner. As a result, all parties must meet in a more
frequent basis in order to resolve necessary site problems without delay. This is important to avoid
any unnecessary conflicts from developing. In addition, all parties must ensure that effective
communication is taken place in order to 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.

Sample Answer 2

Conflict is so common in today’s world that is full with sophistication and complexity. All of us are
facing with some kind of conflicts in our daily life. We are frequently encountering conflicts with our
family members, friends, colleagues or even our bosses. Even the countries worldwide are having
conflicts with each other such as conflict betweenUnited States and Republic of China. Conflict occurs
as a result of different views, opinions and different interests in individual, society or country.
Everybody, individuals, societies or countries are looking into their opinions and interests respectively.
They adopt a defensive view of their opinions and interests. As a result, conflict occurs when one is
disagree with another’s opin ion. In the following section of this essay, I will discuss the conflict of
professional interest in the working environment of an engineer in particular for the civil engineer,
and suggest the appropriate solutions for overcoming these problems.

As mentioned in the earlier section, conflict occurs as a result of different opinions and interests in
oneself from that of others. Engineering industry is a comparatively wide profession that involves
various parties such as developers, contractors and consultant engineers etc. These parties would
have their own interests and are always be there to safeguard their interests respectively. As a result,
conflicts frequently arise in the working environment of the engineers. Developers are the clients for
the construction project. They are basically businessmen that invest in property development and
their main objective is to obtain profitability. Developers are basically the cost-conscious group and
they are very concern about the cost aspects of the project.

As for contractors, they are also cost-conscious but their main interest is to complete the project fast
within the allocated timeframe in order for them to claim construction fees in soonest possible time.
Consultant engineers however are more concern about the quality of works of the construction
activities. They are there to ensure that the construction works are carried out in accordance to
relevant engineering codes and complying with international best practices. The different interests in
these parties have resulted in conflicts occurring between these parties in a frequent basis.

Various effective measures can be adopted in the direction to reduce conflicts between the
developers, contractors and consultant engineers. One of the most effective measures towards
reducing conflicts is to cultivate mutual respect between each other. All the three parties would have
to instil a relatively high awareness in themselves on the other parties responsibilities and interests.
They have to be aware of and understand the interests of the other parties. Developers, contractors
and consultant engineers would have to respect each other and compromise solution that could meet
requirements of all the three parties respectively. In this respect, they could perhaps create shared
objectives or goals that mutually meet the critical requirements of all parties in order to avoid any
unnecessary conflicts from occurring.

Developers, contractors and consultant engineers would have to meet each other in a more frequent
basis to discuss as well as resolve construction issues in a speedy manner. Very common, construction
industry is flooded with various construction issues and problems. However conflicts would occur if
these issues were not being resolved in a speedy manner. As a result, all parties must meet in a more
frequent basis in order to resolve necessary site problems without delay. This is important to avoid
any unnecessary conflicts from developing. In addition, all parties must ensure that effective
communication is taken place in order to minimise unnecessary conflicts as a result of
miscommunication.

Perhaps the most important measure to minimise conflict is to put yourself into other people shoes.
One would have to possess high self-awareness and be able to understand the other’s parties concerns
in order to gain respect in the society. Developers, contractors and consulta nt engineers must try to
understand the responsibilities and obligations of one another respectively in order to minimise
unnecessary conflicts from occurring.

Workplace conflict is a specific type of conflict that occurs in workplaces. The conflicts that arise in
workplaces may be shaped by the unique aspects of this environment, including the long hours many
people spend at their workplace, the hierarchical structure of the organization, and the difficulties
(e.g. financial consequences) that may be involved in switching to a different workplace. In this
respect, workplaces share much in common with schools, especially pre-college educational
institutions in which students are less autonomousMost people don't enjoy facing the difficult
situations that sometimes occur with co-workers in the workplace. Such situations may arise from
honest disagreements over design or engineering issues, personnel or benefits matters, management
decisions or actions, or from any other situation where human impressions and objectives differ.

There could be double the trouble for engineers who are more likely to feel at home with electrons
and bytes, and behave in highly predictable ways, than with coworkers, who often appear arbitrary
and capricious. For those of us who have internalized the strict and measurable rules of the physical
world, dealing with other people can be both disappointing and frustrating.Yet how you manage
situations of conflict with your coworkers could have a significant impact on your career, often even
more than your engineering prowess or your design skills. Those who deal successfully with potential
conflicts are far more likely to receive added responsibilities and promotions, in ad-dition to the pay
increases and respect that come with them. On the other hand, not dealing successfully with conflict
can potentially relegate you to a career backwater, with technical challenges and high pay passing you
by.

Why is dealing with conflict an important skill today? It's primarily because there's more of it now than
in the past. Workers of all types are more likely to speak up for their own ideas or actions, rather than
follow the dictating corporate chain of command. Conflict also sometimes arises as a result of unclear
company goals, or when those goals aren't shared equally by all. Rather than working for a single
common good, employees and managers seek individual goals, such as promotion, job security,
experience, money, and even the proverbial free lunch.

Not only is actual conflict greater today, but even the potential for interpersonal conflicts in the
workplace is far greater than at any time in the past. One reason for this is increased time-to-market
pressures. The need to rapidly make decisions, establish an engineering direction, and meet project
milestones adds elements of tension and stress to an already difficult endeavor.This makes the
workplace a potential minefield for interpersonal conflict. It's especially apparent to an engineer in a
position of responsibility, like a project leader or an engineering manager. For an engineer who must
work with others to complete a project, the need to manage conflict can spell the difference between
success and failure.In many instances, much of the conflict going on could be avoided if one planned
properly. In other cases, it can be managed. Here are some ways to prevent conflict when possible,
and manage it when it's inevitable.

Be prepared for potential conflicts. Disagreements with your coworkers shouldn't be a surprise to you.
The possibility for conflict exists in many different types of interactions, so if you think ahead, you can
anticipate where conflict might arise. Confrontation can start from virtually any decision made that
affects others, and it should be anticipated.If you believe that there's a potential for conflict at an
upcoming meeting, take some time beforehand to get together with individual participants and hear
out their positions. Try to reach a tentative accommodation. This can be a time-consuming process
and may seem like more trouble than it's worth. But it will pay off in better-organized and more-
productive meetings, buy-in and support for critical decisions, and a favorable reputation for you in
the company.

If you think there may be a disagreement between yourself and another team member on an aspect
of your project, perhaps on a design decision, sit down with that person and discuss the facts of the
problem. While it may not always lead to a meeting of minds, at least it enables each of you to explore
and understand one another's positions. Plus, this makes it more possible to reach some common
ground.Don't personalize disagreements. One of the worst responses to a conflict or disagreement on
a decision or opinion is to interpret it as a personal attack and respond in kind. You end up arguing the
emotions, rather than the subject at hand. This type of response not only makes the situation even
more unpleasant and difficult to resolve, but also leaves bad

feelings that could be impossible to repair. Instead of automatically viewing criticism as a personal
attack, you would do well to focus not on the tone of the disagreement, but on the facts of the
argument. Listen carefully to what the other person is saying, rather than how he or she is saying it.
Take time to think through your position, and address each of the points that person raises in a calm
and rational fashion.In fact, the other party may appear to be personalizing it, either through an
inability to properly express any objections, or simply because he or she wants to be insulting. Rising
to this challenge will only make the situation worse. Instead, by ignoring the tone of the disagreement,
you'll defuse a potentially bad situation and possibly strengthen your position even further.

Likewise, you shouldn't respond to objections or disagreements from others with words or a voice
tone that sounds like a personal attack. Even giving the appearance of doing so makes you look petty
and out of control to others. It will reduce your effectiveness at your job.Address the issues, instead
of the emotion. This is the natural next step to the previous point. Conflict might come about because
you or another party have a real or perceived personal concern. Such topics can be very emotionally
charged, and that emotion can be contagious. Everyone involved often responds to that emotion
rather than the facts.

Don't get caught up in that emotion. The best way to deal with such issues is to shut out the emotional
content of the discussion, and focus instead on the facts. Rarely does a purely personal attack arise.
Usually, the matter boils down to an understandable point of view once the emotional content is
removed. Focus on and address the point of view, rather than the emotional vehicle in which it's being
delivered.Perhaps the best thing about turning an emotional discussion into a rational one is the effect
that it has on those around you. You present yourself as being able to take control of the situation and
resolve problems before they escalate. This enhances your image as a problem solver. In addition, you
will feel an emotional reward for defusing a tough situation.
Don't avoid situations or decisions on account of potential conflicts. One of the least productive ways
to deal with conflict in the workplace is by avoiding either the topic of conflict or the person behind
it. That solves nothing, and it can permit an uncomfortable situation to continue for so long that it
affects

your job performance. It's almost always better to face the source of your conflict and attempt to
work out your differences before they reach that point.That said, though, it could be beneficial to
delay a conflict to place yourself in a better position later on. For example, if you feel an emotional
reaction toward the problem at one time, it would be better to let your emotions wind down before
facing the source of the conflict. Alternatively, you might wish to gather more facts before the
confrontation. In either case, you're still working toward resolving the conflict, rather than avoiding
it.

Be aboveboard in your actions. Many interpersonal conflicts arise because people don't understand
the reasons behind a particular strategy or action, or they haven't been informed of the action. The
need for secrecy in the workplace is far overrated. All too often the reasons for keeping something
secret are dwarfed by the consequences once the results are apparent. Instead, when faced with the
decision to do something secretly or publicly, you should err on the side of open communications. This
resolves many conflicts before they even become apparent.

Be willing to listen and compromise. Rarely is your way clearly the best, especially to others who may
have different viewpoints. For instance, you might have the best engineering solution, but that
solution places an undue burden on manufacturing. Insisting on an approach that doesn't address the
needs of every constituent in the company will always precipitate conflict. Worse yet, because it
doesn't take into account everyone's requirements, it almost certainly isn't the best solution for the
problem. This is the opportunity for everyone to learn about how a solution impacts others.

Most engineers would prefer not to deal with interpersonal conflicts. They rarely seem productive,
and even when something good comes out of them, we think that there must be a better way to
realize that good.Yet it's a part of life, and especially a part of working together in teams. If you do it
well, you demonstrate a skill that many others don't possess. Although it doesn't involve engineering,
it could still have a significant impact on the success of your project.

Perhaps the most important measure to minimise conflict is to put yourself into other people shoes.
One would have to possess high self-awareness and be able to understand the other’s parties concerns
in order to gain respect in the society. Developers, contractors and consultant engineers must try to
understand the responsibilities and obligations of one another respectively in order to minimise
unnecessary conflicts from occurring.

Abstract

Conflicts of professional interest frequently arises in the work environment of an engineer is one of
the situation happened in Malaysian environment. There are a few factors who cause the situation
happened. The main parties that will involve in the conflict of interest are the developers, contractors
and consultant engineers. In order to overcome the problems, the conflict have to be figured out and
overcome the problems with optimal solution. The conflict should be decrease as to help the company
growth better.

Introduction Conflict always happen on our surrounding, especially in the world which is full of
sophistication and complexity. We face many kinds of conflicts in daily life which involves our family,
friends and colleagues in learning or working environment or even the boss. Everyone has his/her
opinion and interest on a certain issue or thing. When one is disagree with another person’s point of
view and interest, conflict will occur. In Malaysia’s working environment, to work as an engineer inthe
related field, these conflicts can’t be avoided. However, the conflict of professional interest is a current
issue in the career of an engineer. If this type of working environment does not improve or changed,
it will bring negative effects to the employer, employees who are working in the company and also
the company’s own reputation. A true profession is an occupation which requires skills and knowledge
in a specified field that was for the benefit of the society. A professional able to demonstrate their
knowledge and skills which they done by training and it was used to provide service which is unique
and it was used to serve the community. A professional was a person who can distinguish others from
all the occupational groups by showing their expertise in the particular area of which utilizes the
knowledge and skill which he already had.

The knowledge and skills which an engineer has was a result of training, researching and experience.
Through these processes, an engineer was able to develop more critical knowledge and professional
ideas. What they learnt was tested, examined and evaluated before they are qualified as a
professional engineer. Through disciplined academic training and experience, they will obtain a certain
level of knowledge in their area of practice. It required certain level of standards, also with rules and
regulations to ensure that the person can be called as a professional engineer.

Problem Statement As mentioned in the earlier section, conflict occurs as a result of different opinions
and interests in one from that of others. Engineers involved themselves in the industry which is a wide,
fast-growing and competitive profession. The main parties that will involve in the conflict of interest
are the developers, contractors and consultant engineers.

Objectives To figure out the conflict happen among the engineers with professional. To
overcome the conflict between professional and the engineers.

Discussion A construction project needs a quite big amount of funds. A construction developer mostly
was an organization involved in the act of acquiring, buying goods, services which works for a land and
also the construction activity of the land. There are also wealthy individual developers which can build
construction project by having considerable amount of funds, but it is more common for a group
containing all wealthy individuals which forms a

development company to separate the lost and risk of a construction project. They are usually
considered as business men that do investment in the property to build building to gain more profit.
As an engineer, it is important to think what others think. The developer side will only consider about
the cost and profit issue. An engineer should be reporting about the amount and cost of the material
used in the construction project. Besides that, any raise of price of material well alsoaffect the
distribution of developer’s funds to each sectors regarding the construction project.

The next party would also have conflict of interest with the engineers was the contractors.
Contractors will also have concerns on the cost of the project but it is not the main issue for him. The
main task for him was to ensure the progress of building the project within the timeframe and will be
completed at the expected date. It is important that engineers let the contractors know how to
arrange the human resources available at the construction site. Contractor also would needed to be
suggested to follow the schedule for the construction project as any delay in time will cause a lost in
the construction cost.

Another side which has the conflict of interest w as the consultant engineers. Consultant engineer’s
job was to ensure the construction were carried out in relevant and was following the engineering
codes and complying with international best practices. The main responsible for the consultant
engineers was to keep an eye on the quality of working activities in the construction site. It is
important that the safety measurements of a construction site are following the protocols set by the
local government. Workers or anyone authorized to enter the construction site must wear safety
helmets and gloves as prevention to any incident that may happen when they are in the construction
site. A first aid emergency centre should be at standby condition with simple medical assistance and
staffs on site. If any accident occurs, the casualty was able to get treated at instant.

One of the types of conflict in the working environment was conflicting client interests. The classic
case involving conflicting client interests occurs when a forest professional is required to serve a client
whose interests directly clash with those of another current client. Obviously, a forester representing
a landowner in a timber trespass case cannot also work for the logger who allegedly committed the
trespass, but many more subtle situations can also present conflicts.

Another type of conflict which will be occur was financial conflicts. Financial conflicts of interest are
not always as clear-cut as one might assume. For example, when a forester who owns a partial interest
in a wood-using manufacturing plant sells wood on behalf of a forest landowner, the forester has an
obligation to make the landowner aware of this other business interest. The solution was first, the
engineer must recognize, before accepting an assignment from the second party, that there is a
potential conflict of interest. A prudent engineer will explain to the municipality’s representative that
a report was prepared for one of the land developers. The municipality may well deem this to be a
conflict and select another engineer for the assignment, thereby ending the potential conflict.
Alternatively, the municipality could decide that there is no conflict and be willing to continue with
the engineer. However, this does not resolve the engineer’s potential conflict, because the developer,
who is the first client, is not party to this decision. The engineer should advise the municipality that
the assignment will be accepted only if the developer agrees in writing that there is no conflict. Once
that written agreement is obtained, the second assignment can be accepted. If no waiver is provided,
the municipality may agree to retain the professional engineer generally but obtain a different one for
this specific land owner.

Solution of to this issue was first to create mutual respect. Building trust between the engineers is key
in this case. We should know that everyone who works in the company has his/her own vision and
commands on the company in terms of the company’s policy, the organization of the company and
the company’sfuture prospects. We also should understand that engineers might perceive a conflict
of interest, and that the perception would damage mutual understanding and credibility. The lack of
trust by engineers might be extended to the entire management of the company. The loss to the
company might be substantial, but we need to put the interests of the company’s employer and its
employees before their personal interests. We should able to understand the concerns of the
engineers to the company and try to acknowledge and respect the suggestion given by them. Avoiding
the conflict would guarantee continued mutual respect between the engineers.

Establishing common goals and objectives of the company are vital. The common goal can unite all
the staffs of the company which allows them to fight together to achieve the goals set by the company.
The objective of a company is to establish a foundation or the base for the company. Shared objectives
can help engineers to be motivated in their work and became more innovative to produce better and
useful solutions which make sure that they can reach the objectives. If the engineers have positive
relationships and work together as a strong team, it will reduce the conflict of professional interest as
they are moving in the same direction for sake of the company. The company was able to obtain more
benefit and profit. More than that, the company was able to improve its performance and will be
having a better future.
In a company, effective communication has a very important role to avoid conflict of interest. It is nice
to see engineers having meeting each week discussing about the issue of the company. However, if
the outcome of the meeting was still unable to solve the problem, this was considered an ineffective
communication. Another example was only one of the sides was giving opinion and suggestions but
does not receive any feedback from others. It was known as a one way communication, which was
also ineffective. The strategy of having an effective communication was information should always be
clear and easy to understand for everyone involved. It may have different communications plans for
different sides in a meeting such as the administration board, the engineers and the technicians. Just
go straight to the point, expect what information they want to hear and present to them. A two-way
communication should be build up. Both sides listen, discuss and debate the opinions and suggestion
given and came out with a best solution as the outcome of the meeting between the engineers.

To decrease the gap of conflict of interest between two parties, each person needs to be considerate.
It should be a good practice if one was able to put himself/herself in their shoes. As an engineer, it
was good to provide your own ideas and opinions. But, what is more important was to consider what
they will feel and think if they accept the opinion and ideas given by your side. As an example, if one
of the engineers proposed the idea of a new product, there will be concerns on the design, cost,
building material, target customers, and functionality. Therefore, before proposing an idea of your
own, try also to consider the problems and difficulties which will be faced by the other engineers or
departments. However, it was impossible to take consideration for all the sides, but at least you tried
your best to reduce the burden of the other engineers and departments when the proposed product
was approve to be mass produced. It was a challenge to an engineer to optimize all the resources of
a company and produced a solution which can benefit the company and give good reputation to the
company.

Developing a positive relationship between the engineers is important. If the trusts were built in the
organization, they will be more likely to compromise and work towards goals. Therefore, having good
working relationship among engineers will reduce the conflict of interest. In a working environment,
engineers meet different peoples from different department. Everyone has his/her standards and
restrictions towards their position. As an engineer, building good relationship will help to develop your
working practices and were able to understand the point of view of your colleagues and able to know
how they think and how they solve problem in different ways. What you practice will influence others
to practice the similar approach in the whole working environment. Having good relationship also
improves your networking skills, which able yourself to have wider access to more information. It will
also be a stepping stone for your career development.

Engineers faced a lot of issues and decision making moments in the working environment. There
should be having frequent discussion for a quick solution. Engineers solve issues by providing solutions
to solve the problem. Discussion can be made during meeting to find out the best way to overcome a
problem. The discussion also can be done in small groups which involve members from the same
department. The outcome of the discussion was to solve the problem in only one way which was
effective, reasonable and acceptable by all the members of the group. If no discussion was been done
between the engineers, everyone will do their routine job in their own way. When problems arise,
there will be conflicts on the method used was not good enough which may lead to argument. To
avoid the conflicts and argument, engineers should make discussions often.

Conclusion As a conclusion, the conflict of professional interest should be decrease to a minimum in

the working environment of Malaysia. This would help companies grow stronger and better. It allows
the employees to imagine the future of the company’s plans and visions. It will also help the
development of an engineer’s personal value and career. It is important to change the working en
vironment of a workplace which can produce a more effective but still competitive environment.

————————————————————————————————— —————————

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.

Sample Answer 1

Engineers shall not accept compensation, financial or otherwise, from more than one party for
services on the same project, or for services pertaining to the same project, unless the circumstances
are fully disclosed and agreed to by all interested parties

Engineers shall act for each employer or client as faithful agents or trustees.

Sample Answer 2

Engineers shall not accept compensation, financial or otherwise, from more than one party for
services on the same project, or for services pertaining to the same project, unless the circumstances
are fully disclosed and agreed to by all interested parties

Engineers shall act for each employer or client as faithful agents or trustees.

Introduction

We, as engineers, do not injure directly or indirectly the prospect of another engineer. In the same
time, we shall be faithful and honest with our client and employer. In discharging our duty and carrying
our works, we shall bear in mind that fair and honest dealing with all parties is essential principle. If
there is conflict of interest of oneself with others, we shall act with integrity and fair toward others.

For the scenario which I was approached by the “winner” to join his consultant team, I presume the
invitation to bid and the project are of design and build contract. I was the enginee r of another
contractor who has not successful bidding the contract. Upon announcement of the “winner”, the
“winner” offers t he appointment as their engineer to us.

In my view of points, I may accept the invitation because of the following reasons and with the
following conditions.

Completion of duty and responsibility to current employer

For design and build contract, which both contractor and consultant are working together to bid the
project, contractor is the leader and appoint his consultant. The letter of appointment is often issued
after successful bidding of the project. For ethical practise in the construction industry, the srcinal
engineer working together with contractor shall be appointed. In other words, no letter of
appointment is issued or no official appointment of engineer will be carried out if the bidding is not
successful.

During the bidding process, engineer shall be faithful and honest to his employer. He applies his best
knowledge, skills and efforts in assisting his employer to bid the contract. Upon successful bidding and
with the official appointment, he works together with his employer to ensure successful
implementation.

If fail in the bidding stage, engineer’s duty and responsibility to srcinal employer has completed.
Hence, I may consider the invitation of the “winner” subject to condition in the following paragraphs.

No improper termination of consultant of “winner”

For construction industry, it is only considered ethical and appropriate to appoint consultant who
have assisted the contractor during the bidding works once successful in the bidding process.
However, there is always some bad “apples”. Errant people may like make use of another’s e fforts.

Therefore, I shall communicate and check the reasons of terminatio n of the consultant of the
“winner”. I shall consider accepting new appointment if there is no errant happening in the
termination of services of another engineer. If the works have started, I shall only take over if there is
written consent by the engineer and formal notification by “winner” that the services of other
engineer have been terminated and no arrear is due.

In other words, I shall only accept the appointment of “winner” after receipt of release letter of the
engineer.

No fee reduction or discount

In order to prevent unethical practises by errant players in the industry, there shall not be fee
reduction or similar like discount, for acceptance of appointment as new engineer to the “winner”.
Engineering consultancy services (ECP) are profession al services to design and advice the client for
reliable, valued and front end engineering works. It is unavoidable for clients to bargain for cheaper
price but engineers shall not compete with one another by slashing their fee. The act will downgrade
the technical competency of engineers in the long term and make the profession an unattractive one.

In my view of points, it is good if the scale of fee recommended by BEM to be adhered to.

No disclosure of business information and copyright with current employer

All works, done with current employer, could be considered property and business information of
current employer. Though we fail to bid, we shall not or simply disclose the information to the
“winner”. This is because current employer could still compete and bid for other project with current
information, which are works of both current employer and us. Furthermore, I will possibly his
engineer too. If I disclose the information to the “winner”, it is conflict of interest.

Rights to review,redesign, use and not to apply the design of srcinal engineer of the “winner”

Engineer bears his responsibility with him to grave. Though the design of other engineer is well
prepared and done, the engineer who take over the jobs shall monitor and ensure successful
implementation and construction. He therefore need to review, check and possible redesign if not all
but still there could be substantial part needed to be checked.

By accepting the invitation or appointment of the “winner”, it is merely chang e of responsible

engineers to monitor, supervise and handle the project. The new engineer shall still discharge his duty
and responsibility to “winner”.

Hence, engineers shall not accept wrongful offer by “winner” with the all kind of reasons to substitut
e 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.

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Question 11.

You are in a position of responsibility administering an institution of higher learning with limited
resources. You have been assigned to revise the engineering curriculum and directed to increase the
number of graduates. From the standpoint of professional conduct, describe the necessary curriculum
contents which must be included so as not to compromise the engineering standards.

Sample Answer 1

This is referring to the conservative universities which offer fundamental engineering curriculum
without compromising engineering standards. With limited resources, e.g. lecturers, facilities and
funds, the design of the curriculum is as follows;

Mathematics Courses- Even though mathematics courses are not engineering courses in and of
themselves, proficiency is very important for those who wish to be successful in engineering. In my
revision of the engineering curriculum, a fair share of mathematics classes will be at a higher
priority. Algebra, Calculus, Trigonometry, Differential Equations and coordinate geometry are an
integral part of the engineering curriculum.

Science Courses- Science courses are another big component in our engineering curriculum,
particularly if student’s concentration is in an area like biological or chemical engineering. Physics,
chemistry and computer science are all important aspects of an engineering program. Even if the
student’s concentration is in civil engineering, they will be expected to cover at least the introductory
areas of chemistry and physics. The computer sciences are often tailored to the specific needs of the
engineering curriculum, and they will probably find that proficiency in this area will be very helpful to
the rest of their studies.

Engineering Courses- Engineering courses themselves are at the heart of every engineering
curriculum. The types of classes students participate will depend in large part upon your area of
concentration. In the first year however, engineering courses tend to be more introductory and also
focused on the tools they need to do the job; computers in particular. Once they understand the
basics, their engineering curriculum will concentrate on their area of specialization. For example, if
the student’s focus on electronics engineering, he will take a lot of solid state physics and
semiconductor device classes, in addition to classes on circuit theory and logic circuits.

General Studies Courses – Most four-year universities in the United States and Japan want to ensure
that their graduates are well-rounded and conversant in areas apart from their specialization. As a
result, their engineering curriculum will include diverse classes like English composition, Japanese
literature, economics, anthropology, music appreciation and political science. I will revise these
subjects and compile them into General Subject in the first year and Engineering Management in the
final year.
————————————————————————————————— —————————

Question 12.

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

You should at least include below points:

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

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Question 13.

Assuming that you are the principal partner of a reputable engineering-based firm in a small state in
the country. Your family is very well reputed, respected and influential, having lived and worked in the
state for decades.

Leaders of a certain political party approach you seeking your assistance to campaign for them in a
forthcoming state by-election. Amongst others, 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

You should at least include below points:

Engineers shall perform services only in the areas of their competence.

Engineers shall undertake assignments only when qualified by education or experience in the specific
technical fields involved. 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. 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.

Other Question:

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

Suggestion Answers:

In a book entitled “Citizen Engineer” by David Douglas, I understand that being an engineer today
means being far more than an engineer. We need to consider not only the design requirements of our
projects but the full impact of our work–from an ecological perspective, an intellectual property
perspective, a business perspective, and a sociological perspective.
Therefore in this era, the author integrate “a competent” and “a responsible” engineer to a new
nomenclature, i.e. Citizen Engineer. The book also explains a critical transition of the engineering
profession from technical focus to include social responsibilities and business context. This shift has
changed the very nature of engineering as it is practiced today and as it must be taught in engineering
degree programs.

The traditional university restricted itself mainly to a close circle of professors and students from the
upper strata of society and lived in relative isolation. It produced the elite of the nation, and society
— so to speak — had to adopt to the elite. Research was the privilege of the professors, determined
to a large extent by personal interests and their contacts among each other. Consequently, this
university lost contact with society until it was completely isolated and did not understand the issues
of its surroundings.

Furthermore, in this IT era, where students can access to unlimited amount of information, the role
of the institution of higher learning is increasing. As students always confused by the abundant of
information they have in

hands, students at all levels need to be challenged to recognize the importance of practical knowledge
in problem solving.

The key challenge that universities are facing is how to promote a culture of continuous improvement
and accountability. Students are not really motivated into inventions any more these days. Most of
them seem satisfied with what others have invented. Students are more into computers
communication rather than physically see the lecturers. This therefore will deteriorate their basic
important skill which is oral communication. Universities need to minimize this trend by introducing
more society related projects such mentoring secondary school students to develop micro-controllers
etc.

When I was in Japan, I saw many collaboration works being carried out with the industry. Laboratories
received a lot of funds to do research. Nippon Telegraph and Telephone (NTT) developed numbers of
commercialized projects with University of Tokyo. This trends need to be further discuss in the
university for a better future.

Sample Answer

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.

Engineers shall not offer, give, solicit, or receive, either directly or indirectly, any contribution to
influence the award of a contract by public authority, or which may be reasonably construed by the
public as having the effect or intent of influencing the awarding of a contract. They shall not offer any
gift or other valuable consideration in order to secure work. They shall not pay a commission,
percentage, or brokerage fee in order to secure work, except to a bona fide employee or bona fide
established commercial or marketing agencies retained by them

Introduction

Engineer, when called upon to give opinion, shall give opinion that is reliable. Prior to any statement
made, he shall ensure his qualification to make such statement. No one shall benefit from his
statement with prospect and fair treatment deserved by others being scarified.
For the scenario, which I were principal partner of a reputable engineering-based firm and my family
was well reputed, respected and influential in the small state, I believe the respect and credits to our
family are due to genuine and honest contribution from all family members since decades. As an
engineer, I presume the respect earned from genuine efforts and contribution to public services,
design, buildings of public amenities to the small state.

Hence, I shall continue to take the interest and benefit of community as the priority. In the same time,
I shall not scarify the dignity of the engineering profession and company.

In other words, I will reject the invitation of errant leaders of political parties to assist them in
campaigning in the coming state by-election in order to secure major projects after election.

Uphold the dignity of profession

The dignity of the profession of engineer shall be upholded. We shall not campaign for the any political
party with the name of well-known engineer and his reputable firm. Engineers are to provide
professional services and accept remuneration for services rendered by them.

All engineers shall not exchange the dignity of the profession for his own benefits but harming the
image of the profession.

Maintain company image and interest of fellow partners

For the scenario, which I were the principal partner of reputable engineering-based firm, I have duty
and responsibility to safeguard interest of fellow partners and all staffs too. Though the firm desires
to secure new projects, the project shall be obtained via ethical appropriate channel such as via open
bidding process. This should be the successful secret of the firm to-date.

All fellow partners also have high standard of ethical behavior and competent. They are definitely not
supporting to secure new project via supporting errant leaders of political party. If I choose to support
the errant political leaders, the company image and interest of fellow partners could be jeopardized
because voters definitely reject errant political leaders and unethical approaches. Do not jeopardize
the prospect of other fellow engineers

All projects, especially government initiated for the benefits of nation and people, shall only awarded
via competitive and open bidding process. For the scenario, which I were already principal partner of
a reputable engineering firm, I presume I should already an elder engineer in the industry. Therefore,
it is reasonably that both my firm and I do not jeopardize fair opportunity to other fellow engineers.

All engineer with appropriate competency and skills shall be given chances to secure the projects. In
the long run, all engineers will become more competent and it is definitely good for the industry,
profession and public.

Contribute to sustainable development of the profession

All benefits obtained via inappropriate and unethical approaches are short term and not sustainable.
Both inappropriate and unethical approaches, may in short period, make oneself gain. However, it is
damaging both the individual and others in the industry because there could be many to follow
unethical approaches. If this situation happens, the profession will become unattractive and not
sustainable.

Be integrity and competent

Engineers’ works often involve millions of ringgits. The works are often related to benefits of public,
nation and clients. Hence, we shall be integrity and transparent in both implementation of project and
efforts to secure projects. With integrity, only public will perceive engineers are competent and not
errant.

Accept remuneration from employer for services rendered

Engineers accept remuneration for professional services, for their competency and professional
services, rendered to clients. They only take responsibility that they are confident to discharge.

The errant leaders of political party, though make promise to award major projects upon winning the
by-election, are not client to engineers. The administrator of the major projects is government, which
are elected representatives by people. The clients are the government and people.

Should my firm was chosen for the major projects, it is remuneration for services rendered.

Make reliable public statement and relevant with qualification

Engineers are professional people with technical qualification and competency. He shall not make
public statement which he is not deemed the qualified and suitable person to make. He shall not
wrongfully make statement that resulted public perception that his fellows, company and all
association memberships that he may have linked to backup and support of his statement. If he does
otherwise, no one indeed will benefit but creation of bad image to his own and others.

Do not improperly solicit work

By assisting the errant leaders of political party and in return for award of major project, in my opinion,
is improper act to solicit works too. It is because there is no ethical method to secure jobs and it can
be considered benefits accepted other than employers. Both the government and the people indeed,
are the employers and clients, if the projects awarded to engineers.

Conclusion

Though it is desirable for a firm to secure projects, the process shall be transparent and via competitive
bidding process. Jobs awarded with hidden secrets and unethical method will not be sustainable for
the firm. It is because the firm could have lost his competency. Furthermore, as an elder reputable
engineer, he has greater responsibility to show good sample to his peers for advancement of the
profession.

In other words, I will reject the request of the errant leaders of political party. If he is willing to listen,
I will further advise them to listen to people and sincerely to provide services to people. With that,
only will they gain victory in the by-election and supports from people.