Question on Ethics

These questions are applicable to Section B of the Essay:

Candidates would be expected to answer only ONE question out of two which would be selected by the
examiners from among the 8 questions listed below:

1. The engineer has a duty of care to the public under common law. Discuss, giving examples, the
obligations that his duty imposes on himself as a Professional Engineer.
The duty of care in the context of a Professional Engineer refers to the obligation to ensure the
safety and well-being of the public in all engineering works. This duty is paramount and
overrides all other considerations, including cost, aesthetics, or client preferences. Here are
some examples of how this duty manifests:
a. Safety: An engineer must ensure that all designs, plans, and implementations meet
established safety standards. For instance, if an engineer is tasked with designing a
bridge, they must ensure that the bridge can safely handle the expected load and
environmental conditions. E.g. A civil engineer designing a high-rise building in Kuala
Lumpur must ensure that the building can withstand the local climate conditions,
including heavy rainfall and potential seismic activity. The use of appropriate materials
and construction techniques is crucial to ensure the safety of the building’s occupants.

b. Health: Engineers have a responsibility to consider the health impacts of their projects.
This could involve ensuring proper ventilation in building designs or minimizing
exposure to harmful materials or pollutants in a manufacturing process. E.g. In designing
urban drainage systems, civil engineers must consider Malaysia’s heavy rainfall and
potential for flash floods. Properly designed and maintained drainage systems are
essential to prevent waterlogging and related health issues such as the spread of
waterborne diseases.
c. Public Interest: Engineers must consider the broader public interest in their work. This
could involve considering the environmental impact of a project, or how a project might
affect local communities. E.g. When constructing infrastructure projects like highways or
railways, civil engineers must consider their impact on local communities and the
environment. For instance, the construction of the East Coast Rail Link (ECRL) in
Malaysia requires careful planning to minimize displacement of local communities and
disruption to natural habitats.
d. Professional Competence: Engineers should only undertake work that they are
competent to perform. If an engineer is asked to complete a task outside of their area of
expertise, they have a duty to inform their employer or client, rather than attempting to
complete the task and potentially putting the public at risk. E.g. A civil engineer
specialized in geotechnical engineering in Malaysia should not undertake structural
engineering tasks without the necessary expertise. For example, designing foundations
 for buildings in areas with soft soil conditions requires specific geotechnical knowledge
and skills.
e. Whistleblowing: If an engineer becomes aware of a situation that could endanger the
public, such as a design flaw in a building or unethical practices within their
organization, they have a duty to report this information to the appropriate authorities.
E.g. If a civil engineer in Malaysia becomes aware of safety oversights or unethical
practices in a construction project, they have a duty to report this to the Board of
Engineers Malaysia (BEM). This could be a situation where substandard materials are
being used or safety guidelines are not being followed on the construction site. Such as:-
i. Substandard Materials: Suppose a civil engineer is working on a construction
project and discovers that the contractor is using substandard materials to cut
costs. This could potentially compromise the safety and longevity of the
structure. The engineer has a duty to report this to their superiors, the client, or
the relevant regulatory bodies.
ii. Breach of Environmental Regulations: If an engineer working on a project
discovers that their company is knowingly violating environmental regulations—
such as dumping waste illegally—they should report this behavior. This could be
reported to the Department of Environment or other relevant authorities in
Malaysia.
iii. Unsafe Working Conditions: If an engineer notices that safety protocols are not
being followed on a construction site, putting workers at risk, they should report
this to management and, if necessary, to the Department of Occupational Safety
and Health (DOSH).
iv. Conflict of Interest: If an engineer becomes aware of a conflict of interest—such
as a colleague who approves contracts for a company owned by a relative—this
should be reported to their superiors or the relevant ethics board.
v. Design Flaws: If an engineer identifies a significant design flaw in a project that
could lead to future safety issues but is ignored by superiors due to cost or
schedule concerns, they have a duty to escalate this issue, potentially to outside
authorities if internal channels fail.

These obligations underscore the significant role engineers play in society and the trust placed in
them by the public.

f. If you were a consulting engineer and were submitting Turnkey tender on behalf of a Turnkey
Contractor, would you consider a conflict of interest between the role of a consulting engineer
and contractor? Enlarge on the ethics of this subject.
A conflict of interest could potentially arise if a consulting engineer is submitting a Turnkey
tender on behalf of a Turnkey Contractor. This is because the roles of a consulting engineer
and a contractor have different objectives and responsibilities.
 g. A consulting engineer is typically responsible for providing expert advice, planning,
designing, and overseeing the project to ensure it meets the client’s specifications and
adheres to the relevant codes and standards. Their role is to act in the best interests of
the client, providing independent and objective advice.

h. On the other hand, a contractor, including a Turnkey Contractor, is primarily concerned

with executing the project within the agreed timeframe and budget. They are
responsible for the construction process, which includes hiring subcontractors,
procuring materials, and managing day-to-day operations on the construction site.
i. If a consulting engineer is also acting on behalf of a contractor, there could be a conflict
of interest. For example, they might be tempted to overlook certain design flaws or cut
corners to reduce costs and increase the contractor’s profit margin. This could
compromise the quality and safety of the project, which would be against the ethical
guidelines of engineering practice.
j. Engineering ethics require engineers to uphold the welfare of society and maintain
integrity and impartiality in their professional practice. If an engineer finds themselves in
a potential conflict of interest situation, they should disclose this to all affected parties
and take steps to resolve it. This might involve separating the roles of consulting
engineer and contractor or seeking advice from their professional association or
regulatory body.

2. Identify the areas in which conflict between the Resident Engineer’s staff and contractor’s staff can
develop and give your views as to whether good relationship can be achieved without infringing on
the code of ethics. Illustrate your answer from your own experience.

Conflicts between the Resident Engineer’s staff and the contractor’s staff can arise in several
areas:
Communication: This is often the root cause of many conflicts. Miscommunication or lack of
communication can lead to misunderstandings and disagreements. For example, if the Resident
Engineer’s staff does not clearly communicate the project requirements to the contractor’s staff,
it could lead to confusion and mistakes in the execution of tasks.
Work Expectations: Differences in understanding of work scope, quality, and timelines can cause
friction. For instance, if the contractor’s staff is working under a different timeline than what
was agreed upon, it could lead to conflict with the Resident Engineer’s staff who are expecting
the work to be completed within a certain timeframe.
Professional Conduct: Any unethical practices or violations of professional conduct can lead to
conflicts. For example, if a member of the contractor’s staff is found to be engaging in unethical
 practices such as bribery or fraud, it would certainly lead to conflict with the Resident Engineer’s
staff who are bound by their professional code of ethics to report such behavior.
Maintaining a good relationship without infringing on the code of ethics is indeed possible and
crucial for the successful completion of projects. Here are some ways to achieve this:
Clear Communication: Regular meetings and open channels of communication can help clarify
expectations and resolve misunderstandings. For example, having weekly meetings where both
parties can discuss their progress and any issues they are facing can help prevent
misunderstandings and conflicts.
Mutual Respect: Each party should respect the roles, responsibilities, and expertise of the other.
This means acknowledging each other’s skills and contributions to the project, and treating each
other with courtesy and professionalism.
Adherence to Ethics: Both parties should adhere to the code of ethics, such as transparency,
integrity, and professional competence. This means avoiding any actions that could be
considered unethical or unprofessional, such as accepting bribes or engaging in fraudulent
practices.
In my experience as a civil engineer in Malaysia, conflicts often arise due to miscommunication
or differing expectations. By ensuring clear communication, respecting each other’s roles, and
adhering to professional ethics, such conflicts can be minimized or resolved effectively. This
approach aligns with the guidelines provided by the Board of Engineers Malaysia.
It’s important to remember that every conflict presents an opportunity for improvement and
growth. By addressing conflicts in a constructive manner, we can learn from our mistakes and
improve our working relationships. This not only leads to a more harmonious working
environment but also contributes to the successful completion of projects.

3. It is clear to you that an Engineer engaged in a particular project (implement at the taxpayer’s account)
is not maintaining professional standards, i.e. professional competence and integrity are lacking.
What would be your reaction?. Will you report the above incident to the Board of Engineers, Malaysia
or bring this to the attention of the client, or will you maintain silence and watch substandard work
being completed?
4. Every Engineer shall at all times so order his conduct as to uphold the dignity and reputation of his
profession, and to safeguard the public interest in matters of safety and herein and others. He shall
exercise his professional skill and the judgement to the best of his abilities in discharging his
professional responsibilities. He shall also act with firmness and integrity towards all person with
whom his work is connected. Discuss your responsibilities and obligations in the event that, due to
building operations under charge, adjacent building have been damaged beyond repair.

5. “Professional Engineer should be allowed to practice as consultants and as contractor at the same
time”. Do you agree with this statement?
If so, give your reason objectively for supporting it; if not also give reasons for appeasing it.

6. Under normal circumstances, a consulting engineer should not supplant the work of another
consulting engineer after knowing that the 1st consulting engineer has already been entrusted with the
work. If he has been asked by the same client to take over the work of that 1st consulting engineer,
what do you think should be the proper procedure in effecting this charge of consultants? How should
the matter be dealt with if the 1st engineer refuses to agree to this change because he has not been paid
his fees by the client?

7. A consulting Engineer has submitted structural design plans to the local authority for a certain
building. The client terminates his services after the plans are approved by the local authority. You are
then engaged to take over this work and complete the project including supervision of construction.
What are your professional responsibilities and those of the previous engineer who has submitted the
plans? If you have to make changes to the structural drawings, what do you think should be the proper
procedure in dealing with this matter and also how you assign professional liability?