EIS - Module 1-2 Code of Conduct notes_ChuaYL_012022

Engineers in Society
Professional Conduct of an Engineer
Ir. Dr. Chua Yaw Long
Acknowledgement : Assoc. Prof. Ir. Dr. Ungku Anisa Ungku Amirulddin ALLPPT.com _ Free PowerPoint Templates, Diagrams and Charts
Professional Conduct of an Engineer
Topics to be covered
1. Code of Conduct of Registered Person - Recap

2. Case Studies on Professional Conduct of an Engineer
1. Bay Area Rapid Transit System
2. Curb & Gutter Project
3. Paradyne Computers
4. A Week in the Sun
5. Back to Practice
2
Code of Conduct
of Registered Person
3
Code of Conduct of Registered Person
• The Code of Conduct of Registered Person
is a BEM circular to further explain the
conduct of engineers in Malaysia in
addition to Part 4 of the Registration of
Engineers Regulations.
• The latest circular was published in the
year 2016. It is divided into three parts:
Registered Person not to falsify
01
qualification, etc.
Registered Person to certify work only
02 if he has control over supervision, etc.
Registered Person not to accept

03 benefit from more than one party, etc.
4
Code of Conduct – Part 1
01 Registered Person not to falsify qualification, etc.
i. Must not falsify or exaggerate his/her
qualifications, experience, and/or past
accomplishments.
ii. Check for accuracy of facts and data on the Be truthful about
work done before endorsing any statement or your qualifications,
claims. All inaccuracies and errors must have
been proven to be corrected (by inspection,
experience and
supervision) before the work is endorsed. work conducted
iii. Must be objective and truthful in making
professional reports, statements and
testimonies.
5
iv. Undertake assignments only if qualified by
his/her education and experience in the specific
technical fields of that assignment to be
involved.
v. Approve and sign only those engineering Do & say only
documents that he/she has prepared or has what you know
been prepared under his/her direction and and/or prepared
control.
vi. Do not express publicly technical opinions that
are not based on his/her competence and
knowledge of the facts in the subject matter.
6
vii. Do not issue any statement, criticism or

argument on technical matters that Identify all
are inspired or paid for by interested parties, interested parties
unless he/she has prefaced his/her comments
by explicitly identifying the interested parties
when making
on whose behalf he/she is speaking and by statements on their
revealing the existence of any interest he/she behalf
may have in the matter.
7
02 Registered Person to certify work only if he has control over
supervision, etc.
i. Shall certify satisfactory completion of work
only if he/she has control over the Be responsible
supervision of the construction or installation & check due
of that work, and only if he/she is satisfied diligence
that the construction or installation has fulfilled
the requirements of the engineering design
on work done by
and specifications. you or under your
ii. Assume all liability and responsibility for the supervision
works done.
8
supervision, etc.
iii. Do not reveal facts, data or information
without the prior consent of the Client or
Employer, except as authorized or required by Report any
law or for the safety, health and interest of violations of safety,
the public. health, public
iv. Must report any violation of this Code of interest, law, and
Conduct or any law thereon to Employer /
appropriate professional bodies / public this Code of
authorities. Conduct
9
supervision, etc.
v. Must notify Employer / Client / other

authority of the consequences that may occur Uphold safety,
if his/her advice has been overruled or
amended such that it gives rise to a situation
health & public
that may endanger the safety, health and interest always
interest of the public.
10
03 Registered Person not to accept benefit from more than one party, etc.
i. Do not accept any benefit (financial or

otherwise), from more than one party for
professional engineering services on the same Do not solicit,
project, unless fully disclosed and agreed to by
all.
accept or offer
ii. Do not solicit or accept any consideration benefits from/to
(financial or otherwise, directly or indirectly) other parties
from outside agents in connection with the
work for which he is responsible.
iii. Do not offer any benefit (financial or
otherwise, directly or indirectly) to secure
employment or influence award of a contract.
11
03 Registered Person not to accept benefit from more than one party, etc.
iii. Disclose all known or potential conflicts of
interest that may influence or appear to influence
his/her judgment or the quality of his services.
iv. If he/she is an Advisor or Director of a company, Declare all
he/she must not participate in decision with
respect to professional engineering services
conflicts of
solicited or provided by him or his organization. interest
v. Must not solicit or accept a contract from a
body or agency in which a principal or officer of
his/her organization serves as a member of that
body or agency without the knowledge and
consent of that body or agency.
12
Code of Conduct of Registered Person
Consequence of Breeching the Code of Conduct
Section 15(1) of REA states:

‘The Disciplinary Committee may make any or any combination of the orders specified
in paragraphs (a) to (d) of subsection (1A) against a registered Person under any of the
circumstances within the code of conduct.
Section 15(1A) of REA states:

The orders referred to in subsection (1) are
a) the issuance of a written warning or reprimand;
b) the imposition of a fine not exceeding RM50,000;
c) the suspension of registration for a period not exceeding two years;
d) the cancellation of registration.
13
IEM Code of Professional Conduct
https://www.myiem.org.my/content/professional_conduct_and_discipline-68.aspx
14
Code of Ethics / Conduct from
other Professional Bodies
https://www.theiet.org/about/governance/rules-of-conduct/
https://www.ieee.org/about/corporate/governance/p7-8.html
15
Code of Ethics / Conduct from
other Professional Bodies
https://www.ice.org.uk/about-ice/governance/how-we-work
https://www.imeche.org/about-us/imeche-governance/governan
ce-and-finance-reviews/code-of-conduct-explained
16
Case Study 1
17
Case Study 1:
Bay Area Rapid Transit System
18
Case Study 1:
Discuss the following:
• Was there any breach in the code of conduct by
the BART system management?
• Was it necessary for the three engineers to
contact the member of the BARD board of
directors?
• What other actions could have been taken by
engineers before going to the board of directors?
• What level of supervision should an organization
have over its contractors? Is it sufficient to
assume that contractors are professional and will
do a good job?
Photo from:
G. D. Friedlander, “More BART hardware,” IEEE Spectrum, vol. 9, pp. 41–45, Nov. 1972
.
19
Case Study 1: Report any violations of safety,
health, public interest, law, and
this Code of Conduct
Bay Area Rapid Transit System Uphold safety, health & public
interest
Safety, Health & Public alwaysFirst
Interest
Discuss the following: Comments:

• Was there any breach in the code of conduct • BART system management breached the code of
by the BART system management? conduct by not upholding the safety of the public
• Was it necessary for the three engineers to • Yes, it was necessary for the engineers to contact
contact the member of the BARD board of the BARD board of director since their
directors? management ignored their concerns.
• What other actions could have been taken by • Try to get more people in the project aware of
engineers before going to the board of the issue. Then as a bigger group, raise the
directors? concerns to the management.
• What level of supervision should an • As an engineer, we must always monitor the
organization have over its contractors? contractors and ensure that the work done meets
Is it sufficient to assume that contractors are the required specifications with evidence.
professional and will do a good job? Don’t assume anything!
Reference:
Charles B. Fleddermann, Engineering Ethics Cases for Electrical and Computer Engineering Students, IEEE Transactions on
Education, Vol. 43, No. 3, pp 284 – 287.
20
Case Study 1:
The engineers were dismissed in 1971 and an

accident occurred in 1972 due to the ATC of
the BART system.
Photo from:
G. D. Friedlander, “Bigger bugs in BART?,” IEEE Spectrum, vol. 10, pp. 32–37, Mar. 1973.
21
Case Study 1:
An investigation on the accident was carried out
by the State of California’s legislative analyst,
Mr. Alan Post and a report was produced.
Photo from:
G. D. Friedlander, “Bigger bugs in BART?,” IEEE Spectrum, vol. 10, pp. 32–37, Mar. 1973.
22
Whistleblowing
Whistleblower –
A person who provides information disclosing an act of improper conduct, to the
relevant enforcement agency, that may enable the enforcement agency to initiate an
investigation. The whistleblower’s identity shall not be disclosed and protections
will be provided under the Whistleblower Protection Act 2010.
Reference:
https://www.sprm.gov.my/index.php/en/operation/function-operasi/197-perundangan-anti-rasuah/1061-whistleblower-protection-act-2010-
act-711#:~:text=of%20improper%20conduct.-,Whistleblower,agency%20to%20initiate%20an%20investigation
Report is made to someone

External outside the organization
Types of
Whistleblowing
Internal Report is made within the
organization
23
Whistleblowing
The Whistleblower Protection Act 2010 is a
law of Malaysia to combat corruption and
External
other wrong doings by encouraging and
facilitating disclosures of improper conduct
in the public and private sector.
Some organisations have their own Whistleblowing

Internal Policy within their own organization:
• PETRONAS-Whistleblowing-Policy
• TNB Whistle Blowing Information System
Reference:
https://www.sprm.gov.my/index.php/en/operation/function-operasi/197-perundangan-anti-rasuah/1061
-whistleblower-protection-act-2010-act-711#:~:text=of%20improper%20conduct.-,Whistleblower,agency
%20to%20initiate%20an%20investigation
24
Whistleblowing
When to go for
External Whistleblowing?
Issues that may warrant
whistleblowing • Immediate superiors did not act on the
issue raised and
• Incompetence • all other channels within the organization
have been exhausted with no results
• Criminal Behavior
(including the board of directors)
• Unethical Policies
• Must have documented evidence that
• Threat to Public Safety would convince a reasonable, impartial
• Injustices to Workers observer that his / her view of the
situation is correct and the company policy
is wrong
• Strong evidence that making the information
public will prevent serious harm
25
Case Study 2
26
Case Study 2:
Curb & Gutter Project

• What is the issue under the code of conduct that arises here?
• Was the conduct of Engineer A professional?
• How has the process of the project altered due to the actions of Engineer A? and
what are the consequences?
• If you were Engineer A, what would you have done?
27
Case Study 2:
Curb & Gutter Project Declare all conflicts of interest
Discuss the following: Be a professional

• What is the issue under the code of conduct that arises here?
• Was the conduct of Engineer A professional?
Comments:
• Engineer A had a conflict of interest, i.e. as consultant preparing the contract for the project
and also contractor bidding for the contract.
• Conduct of Engineer A is unprofessional
 A client hires the consulting engineer to design the project and to monitor the
construction by an independent contractor.
 The client needs the unbiased advice of the consultant to ensure that the work of the
contractor is adequate.
 But now Engineer A is the consultant and the contractor, she might not be able to
give unbiased advice
 Her involvement in the design means that she could give inside information to her
company, making the company be at an advantage compare to other bidders.
 However, she had declared her conflict of interest and requested another engineer to
evaluate the bids and inspect the build.
Reference:
https://www.cengage.com/resource_uploads/downloads/0176764674_599142.pdf 28
Case Study 2:
Curb & Gutter Project Declare all conflicts of interest
Discuss the following: Be a professional
• How has the process of the project altered due to the actions of
Engineer A? and what are the consequences?
Comments:
• There was added need for another engineer to evaluate the bids and conduct field
inspection services.
• This means extra costs to engage the other engineer. The Village Council would be entitled to
claim from her any additional costs
• Engineer A should have chosen to either be the consulting engineer or a contractor. Even
though she disclosed the conflict of interest and reduced the ethical problems, it is better to
avoid the conflict of interest in the first place.
Reference:
https://www.cengage.com/resource
_uploads/downloads/0176764674_5
99142.pdf
29
Conflict of Interest
A situation in which a person is in a position to derive personal
benefit from actions or decisions made in their official capacity
Therefore, if you are faced with this situation…
Excuse yourself from any

Declare any conflicts of
discussions relating to the
interest to your organization
conflict of interest
Refrain from voting on Do not influence any

decisions relating to the decisions relating to the
conflict of interest conflict of interest
30
https://www.freemalaysiatoday.com/category/nation/2018/03/01/macc-ar
31
rests-company-director-in-conflict-of-interest-probe/
Case Study 3
32
Case Study 3:
Paradyne Computers
33
Case Study 3:
Paradyne Computers
34
Case Study 3:
Paradyne Computers

• Is there a case of breach in the code of conduct by Paradyne?
• If there is, what was/were breached?
• Was there a breach in the conduct of the SSA in this case?
• Once the Paradyne machine failed the initial test, should the requirements
have been relaxed to help the machine qualify?
• If the requirements were going to be modified, should the bidding process have
been reopened to the other bidders, and others who might now be able to bid?
Should bidding be reopened even if it causes a delay in delivery and increased
work for SSA?
35
Case Study 3: Be truthful about your
qualifications, experience and
work conducted
Paradyne Computers (do not falsify or lie)
Declare all conflicts of interest
• Is there a case of breach in the code of conduct by Paradyne?
• If there is, what was/were breached?
Do not solicit/lobby
• Was there a breach in the conduct of the SSA in this case?
Comments:
• Yes, there was breach of conde of conduct.
• Paradyne was not truthful in the bid the presented to SSA
 At the time of the bid the system mentioned in the Paradyne proposal had not been
developed, prototyped or manufactured
 Paradyne demonstrated a different computer to SSA during the pre-demonstration
session
 Paradyne used a computer by another company and put their logo on the computer
• Paradyne’s employee (who was former SSA employee) had lobbied for relaxed requirements
• SSA was also unethical in their conduct
 Paradyne was not assessed with on-site visit as other bidders
 They relaxed their requirements when Paradyne failed the acceptance testing
Reference: Charles B. Fleddermann, Engineering Ethics Cases for Electrical and
Computer Engineering Students, IEEE Transactions on Education, Vol. 43, No. 3,
pp 284 – 287. 36
Case Study 3:
Paradyne Computers Be a professional

• Once the Paradyne machine failed the initial test, should the requirements have been relaxed to
help the machine qualify?
• If the requirements were going to be modified, should the bidding process have been reopened
to the other bidders, and others who might now be able to bid? Should bidding be reopened
even if it causes a delay in delivery and increased work for SSA?
Comments:
• No, the requirements shouldn’t have been relaxed.
• Yes, with the new relaxed requirements, the bid should have been reopened to others.
If delay was the issue, then they could open the new bid to selected companies.
Reference:
http://www.esac.pt/noronha/etica/PDF/PROFESSIONALISM_CODE_ETHICS.pdf 37
Case Study 4
38
Case Study 4:
A Week in the Sun
39
Case Study 4:
A Week in the Sun
• Did Engineer A have a
conflict of interest?
• Under what conditions
would it be acceptable to
accept such a gift from
supplier, client, or
professional colleague?
• What is the difference
between a gift and a bribe?
40
Case Study 4:
Declare all conflicts of interest
A Week in the Sun Do not solicit, accept or offer
Discuss the following: benefits from/to other parties
• Did Engineer A have a conflict of interest?
• Under what conditions would it be acceptable to accept such a gift from
supplier, client, or professional colleague?
Comments:
• Engineer A created a serious conflict of interest by accepting an expensive gift from the
supplier
• He was responsible for evaluating the performance of the purchases as Chief Engineer
and head of the Specifications Committee
• Even though, he disclosed the conflict of interest and did not conceal the vacation gift,
his error in judgment affected his prestige and career.
• Professionals should be very careful about accepting gifts. It is hard to tell if a gift is an
innocent courtesy or a serious attempt at bribery. It is best to avoid!
Reference:https://www.cengage.com/resource_uploads/downloads/0176764674
_599142.pdf 41
Gifts vs Bribes?
A gift is something of
value given without
the expectation
of return
A bribe is the same

thing given in the
hope of influence
or benefit
Reference:
https://www.scu.edu/government-ethics/resources/what-is-government
-ethics/gifts-and-bribes/ 42
Corruption/ Gratification/Bribe
Corruption is the act of giving or
receiving of any gratification or reward
in the form of cash or in-kind of high
value for performing a task in relation to
his/her job description.
Four (4) main offences stipulated in the

Malaysian Anti-Corruption Act 2009
(MACC Act 2009) (Act 694) :
1. Soliciting/Receiving Gratification (Bribe)
2. Offering/Giving Gratification (Bribe)
3. Intending to Deceive (False Claim)
4. Using Office or Position for Gratification An example, a contractor rewards a gift in the
(Bribe) (Abuse of Power/Position) form of an expensive watch to a Government
official for awarding a project to the company
belonging to the contractor.
Reference: Malaysian Anti-Corruption Commission (MACC)
Assoc. Prof. Ir. Dr. Ungku Anisa Ungku Amirulddin https://www.sprm.gov.my/index.php/en/education/what-is-corruption 43
https://www.nst.com.my/news
/crime-courts/2018/10/419867
/former-jkr-assistant-engineer-
charged-bribery
Bribery Prevention
Strictly reject any gifts – Say “NO” with diplomacy
(as stipulated in REG a registered engineer should not receive, either directly or indirectly,
any contribution which can be construed as having intent to influence the award of contract)
Lobbying for projects is prohibited

(as stipulated in REG a registered engineer should not offer gift or other valuable consideration,
or pay brokerage fee in order to secure employment, services or award of contract)
Avoid dealing about personal or family matters with people

who knows your power and position
Act professionally in performing your duties,

Uphold the integrity and dignity of P.Eng. practice
Assoc. Prof. Ir. Dr. Ungku Anisa Ungku Amirulddin 45

Case Study 5
46
Case Study 5:
Back to Practice
• Did Engineer A breach any
code of conduct?
• What do you think was the
decision of the Association?
• If you were Engineer A,
what would you have done?
• How does the Registered
Engineers Act ensure
incidences like this rarely
occur?
47
Case Study 5: Do & say only what you know
and/or prepared.
Back to Practice Be responsible
Discuss the following: & check due diligence
• Did Engineer A breach any code of conduct? on work done by you or under
• What do you think was the decision of the Association? your supervision
• How does the Registered Engineers Act ensure incidences like this rarely occur?
Comments:
• Engineer A did not follow the latest Building Code and she was aware that there had
been changes in the code.
• The Association found that the design was safe but Engineer A was reprimanded for not
keeping up-to-date in her discipline.
• Engineer A should keep abreast with the latest developments in her discipline. She
should have referred to the latest Building Code when preparing the design.
• REA tackles this issue through the Continuous Professional Development requirement for all
PE & PEPC
Reference:
https://www.cengage.com/resource
_uploads/downloads/0176764674_5
99142.pdf
48
49

EIS - Module 1-2 Code of Conduct notes_ChuaYL_012022

Uploaded by

Copyright:

Available Formats

You might also like

EIS - Module 1-2 Code of Conduct notes_ChuaYL_012022

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

EIS - Module 1-2 Code of Conduct notes_ChuaYL_012022

Uploaded by

Copyright:

Available Formats

Engineers in Society

Professional Conduct of an Engineer

Ir. Dr. Chua Yaw Long

1. Code of Conduct of Registered Person - Recap

Registered Person not to accept

vii. Do not issue any statement, criticism or

v. Must notify Employer / Client / other

i. Do not accept any benefit (financial or

Section 15(1) of REA states:

Section 15(1A) of REA states:

Discuss the following: Comments:

The engineers were dismissed in 1971 and an

Report is made to someone

Some organisations have their own Whistleblowing

Discuss the following:

Discuss the following: Be a professional

Therefore, if you are faced with this situation…

Excuse yourself from any

Refrain from voting on Do not influence any

Discuss the following:

Discuss the following:

A bribe is the same

Four (4) main offences stipulated in the

Lobbying for projects is prohibited

Avoid dealing about personal or family matters with people

Act professionally in performing your duties,

Assoc. Prof. Ir. Dr. Ungku Anisa Ungku Amirulddin 45

You might also like