MBEYA INSTITUTE OF SCIENCE AND TECHNOLOGY MECHANICAL ENGINEERING DEPARTMENT END OF SEMESTER II EXAMINATIONS ENGINEERING ETHICS

INSTRUCTIONS: 1. This paper consists of 5 (five) questions 2. Answer all Five Questions: 3. All questions carry equal marks TIME: 3 Hours. Q1: Mention any FIVE sectors most affected by corruption and discuss. 1. Public procurement. [4] 2. Corruption in Tax administration. [4] 3. Corruption in Police. [4] 4. Judicial corruption. [4] 5. Corruption in education sector. [4] 6. Corruption in health sector. [4] 7. Corruption in employment. [4] 8. Corruption in energy and mineral eg. Tanesco. [4] 9. Corruption in election. [4] 10.Corruption in media institutions. [4] Q 2: a) Define an Engineering contract. [10] Engineering contract is a legally binding agreement between engineer and client. An engineer cannot become liable under a contract unless it can be inferred that he choose to enter into a legally binding agreement. Contract is a bargaining under

which both sides give some benefit to another. Eg Engineer provides service in return the client should pay for the service. b) The following are the essentials of any engineering contracts: Give brief discussion on each of the two essentials. i) Offer/proposal [5]

Is a promise to be bound on certain and specific terms. Or it is a set of terms with the intention of forming legally binding contract. Proporsal must be certain and must be willingly. . ii) Legality of contract [5] Contract must be made for lawful consideration with a lawful object. A contract which is contrary to public policy can be declared illegal contract and can be enforced by law. Q3: Discuss FOUR remedies for breach of Engineering Contract. 1. Damage: is a compensation or indemnity for loss suffered for Breach of contract. Aims at putting the injured part Iin the same position as if the contract had been performed [5] 2. Restitution Innocent part main claim back his performance or its recoverable value. [5] 3. Specific performance if innocent part does not want compensation court may order for the breaching part to do accordingly to the terms of the contract. [5] 4. Injunction Innocent part asks the court to order other part not to break the contract. Is the order of the court which prohibit a person

from doing Something. [5] Q4: a) Define engineering ethics. Engineering ethics is the field of applied ethics which examines and sets standards for: engineers' obligations to the public, their clients, employers and the profession. This topic addresses the subject for both professional engineers and other engineers. Engineering does not have a single uniform system, or standard, of ethical conduct across the entire profession. Ethical approaches vary somewhat by discipline and jurisdiction, but are most influenced by whether the engineers are independently providing professional services to clients, or the public if employed in government service; or if they are employees of an enterprise creating products for sale [10] b) Give brief definition of whistle blowing as applied in Engineering ethics An engineer has the duty to report to the appropriate authority a possible risk to others from a client or employer failing to follow the engineer's directions. According to first principles, this duty overrides the duty to a client and/or employer. An engineer may be disciplined, or have their license revoked, even if the failure to report such a danger does not result in the loss of life or health. In many cases, this duty can be discharged by advising the client of the consequences in a forthright matter, and assuring the client takes the engineer's advice. However, the engineer must ensure that the remedial steps are taken and, if they are not, the situation

must be reported to the appropriate authority. In very rare cases, where even a governmental authority may not take appropriate action, the engineer can only discharge the duty by making the situation public. As a result, whistleblowing by professional engineers is not an unusual event, and courts have often sided with engineers in such cases, overruling duties to employers and confidentiality considerations that otherwise would have prevented the engineer from speaking out [10] Q5: Give brief elaborations on the following Codes of ethics and as applied to any National carrying out an official duty to any Government or official registered firm: i. Pursuit of Excellence in Service [5] Public Servants shall find it their responsibility to provide excellent services. In so doing they shall:(a) be knowledgeable of and respect this code of Ethics (b) Set realistic work targets which will enable them to achieve the highest standard of performance (c) Be creative, innovative and continuously strive to improve performance by enhancing knowledge and skills (d) Practice meritocratic principles in service delivery (e) Maintain personal hygiene, dress in respectable office norms (f) Strive to promote team work by:(i) (ii) (iii) (iv) (v) giving instructions which are clear and undistorted; avoiding malicious actions or works intended to ridicule peers, subordinate or superiors; avoiding the use of abusive and rude languages; giving due weight and consideration to official views submitted by fellow employees and subordinates; regularly holding meeting;

Conduct

ii.

Loyalty [5]

(i) Public Servants shall be loyal to the duly constituted Government of the day. (ii) Public Servants shall therefore implement policies and lawful instructions given by their Ministers and other Government leaders iii. Diligence [5]

Public servants shall Endeavour to perform their duties diligently by maintaining the highest standards of discipline. They shall demonstrate their Sense of responsibly by ensuring that they:(a) use their skills, knowledge and expertise to attain maximum results; (b) execute duties and assigned responsibilities with maximum standards and within required time; (c) disengage from any conduct which might impair work performance; (d) are ready to work at any duty station; and (e) are punctual in terms of office hours at workplace and official engagement iv. Impartiality [5]

Public Servants have the democratic right of being members of any political party and can vote both for their political parties and in general elections. (ii) Public Servants can participate in politics provided that when so doing they do not do anything that will compromise or might be seen to compromise their impartiality. (iii) Public Servants shall comply with political restrictions in political activities and therefore shall not; (a) conduct or engage in political activities during official hours or at work premises (b) provide services with bias due to or against political affiliation; and (c) pass information or documents availed through their official position to the service of their political parties

(iv)

Public Servants have a right to communicate with their political representatives provided that they. (a) Shall not use such influence to intervene on matters affecting them which are in dispute between them and the Government; and (b) shall not use such influence for furthering personal ends which are not

part of the Government policy (v) Public servants may become members of any religious sect provided that they do not contravene the existing laws. However, as the Government has no belief should not be propagated when performing official religion, religious duties.