ii
UNETHICAL CONDUCT AMONG PROFESSIONALS IN
THE CONSTRUCTION INDUSTRY
AZILLA BINTI ABD RAHMAN
A dissertation submitted in partial fulfillment of the
requirements for the award of the degree of
Master of Science (Construction Management)
Faculty Of Civil Engineering
Universiti Teknologi Malaysia
JUNE 2008
v
DEDICATION
Thanks a million to:
Abd Rahman Md Isa – Ayah
Sharifah Ayob – Mak
Affiza – Kakak
Azliza –KNgah
Adzuan – Adik
Zainudin – Abg Ipar
Captain Najib – Abg Ipar
Muhammad Syahmi – Anak Buah
LOVE YA!!
vi
ABSTRAK
Pembinaan merupakan antara sektor yang mencabar dan kompleks. Kemampuan
untuk mengawal dan berkomunikasi dengan pelbagai peringkat, proses dan parti untuk
mencapai objektif projek bukanlah satu kerja yang mudah dan semua beban dan
tanggungjawab ini digalas oleh professional. Selain itu, professional juga berhadapan
dengan krisis dan dilema sebagai seorang professional beretika. Kajian ini memfokuskan
kepada tiga kumpulan professional iaitu jurutera, arkitek dan jurukur bahan. Objektif
kajian ini adalah untuk mengenalpasti elemen-elemen tidak beretika, ciri-ciri serta
tanggungjawab yang perlu ada pada seorang professional selain mengenalpasti kaedah
atau cara yang terbaik untuk mengatasi masalah etika ini. 100 set borang soal selidik
telah diedarkan kepada professional di sekitar negeri Johor dan Selangor. Daripada hasil
kajian ini, didapati perilaku politik dan sosial merupakan elemen tidak beretika yang
paling kerap berlaku di kalangan professional. Terdapat enam ciri-ciri penting yang telah
dikenalapsti. Antaranya, intergriti, kebolehpercayaan, bertanggungjawab, berdisplin,
kemahiran berkomunikasi dan beberapa sifat individu yang tertentu. Dari segi
tanggungjawab pula, melindungi kepentingan klien, setia serta tidak terlibat dengan
konflik dan professional sebagai penasihat kepada klien mendapat persetujuan yang
tinggi daripada professional sebagai antara tanggungjaab yang perlu bagi seorang
professional. Melalui kajian ini juga, didapati bahawa kod etika yang baik iaitu apabila
professional percaya bahawa ia dibangunkan untuk membantu professional dan
dijadikan sebagai petunjuk selain mengukuhkan lagi nilai syarikat merupakan kaedah
yang terbaik dalam menyelesaikan masalah etika dikalangan professional. Selain itu,
hasil kajian ini boleh dijadikan sebagai rujukkan dalam usaha untuk mengurangkan
masalah etika di kalangan professional di Malaysia.
vii
ABSTRACT
Construction industry is a very challenging and complex sector. The ability to control and
communicate with various stages, process and parties to meet the project objectives are
not an easy job and these responsibilities are on the professionals shoulders. Besides that,
the professionals are also facing their own crisis and dilemma as an ethical professional.
This study is focusing on three group of professionals; engineers, architects and quantity
surveyors. The objectives of this study are: to identify the elements of unethical conducts;
the characteristics and responsibilities needed to avoid unethical conducts; and also trying
to identify ways to reduce these problems. 100 sets of questionnaire surveys were
distributed to the professionals in Johor and Selangor. From this study, the political and
social behavior elements is identified as the most common element of unethical conducts
with 90% agreement by the professionals. A total of six characteristics that are listed as
important to the professionals which include integrity; accountability; trust; being
responsible; self-discipline; communications skills and certain personality traits. For the
responsibilities needed, including: to protect the interests and welfare of the client; to be
loyal and not to engage in conflicts; and the professional as advisor to a client were the
highest agreement between the professionals. A successful code of ethics is when the
professionals perceive that it was created to guide the behavior of the professionals
besides reinforce a company’s shared value. The professionals agreed that this method is
the best solution to the ethic’s problems. The finding of the study can also be used by the
industry to increase the level of ethics among the professional in Malaysia.
viii
TABLE OF CONTENTS
CHAPTER
TITLE
DECLARATION
PAGE
iii
DEDICATION
v
ABSTRAK
vi
ABSTRACT
vii
TABLE OF CONTENTS
viii
LIST OF FIGURE
xii
LIST OF TABLES
xiii
I
INTRODUCTION
1
1.1 Introduction
1
1.2 General Background
2
1.3 Problem Statement
3
1.4 Aim and Objective
4
1.5 Scope and Limitation
4
1.6 Importance of the Study
5
1.7 Research Methodology
6
1.7.1 Flow Chart of Research Methodology
1.8 Summary of Chapters
6
7
ix
II
LITERATURE REVIEW
8
2.1 Introduction
8
2.2 Professional
8
2.2.1 Professional ethics
11
2.2.2 Professional Responsibility
12
2.2.3 The Professionals Dilemma
14
2.2.4 Professional’s Organisation
16
2.3 Ethics
22
2.3.1 Ethics History
22
2.3.2 Codes of ethics
24
2.3.3 Internal Regulation Problems
26
2.3.4 Ethical Behavior
26
2.3.5 Ethical Dilemma
28
2.3.6 The Ethical Crisis
29
2.3.7 Ethical culture
31
2.3.7.1 Creating Ethical Culture
31
2.3.7.2 Ethical Work Environment
34
2.4 Unethical Professional
35
2.4.1 Determining the Ethical Standard
36
2.4.2 Unethical Conduct
38
2.5 Resolution of Ethical Conflict
43
2.5.1 Handling Unethical Dilemma
44
2.5.2 BEM Guideline In Ethics
45
2.5.3 Nine Basic Steps to Personal Ethical Decision Making
52
2.5.4 Recommended Core Ethical Values
53
2.5.5 Minimizing The Unethical Conduct
55
2.5.6 Guidelines for Facilitating Solutions to Ethical Dilemmas
57
2.5.7 Implementation Of Professional Ethics
58
2.5.8 The Principles of Ethics
59
2.6 Summary of the Chapter
63
x
III
RESEARCH METHODOLOGY
3.1 Introduction
64
3.2 Literature Review
65
3.3 Method of Data Collection
65
3.4 Preparation of Questionnaire
66
3.4.1 Design of the Questionnaire
66
3.4.2 Sections of the Questionnaire
67
3.5 Data analysis
3.5.1 Percentage Analysis
3.6 Summary of Chapter
IV
64
DATA COLLECTION AND ANALYSIS
68
69
69
70
4.1 Introduction
70
4.2 Data Collection
71
4.2.1 Distribution and Return of Questionnaire
By The Professionals
4.2.2 Part A – Elements of Unethical Conduct
72
4.2.3 Part B - Characteristic and Responsibility Of Professional
74
4.2.3.1 Characteristic Needed To Be an Ethical Professional
74
4.2.3.2 Responsibilities Needed To Avoid Unethical Conducts
76
4.2.4 Part C - Ways To Reduce The Unethical Conduct
79
4.3 Summary of the Chapter
V
71
DISCUSSION OF RESULT
81
83
5.1 Introduction
83
5.2 Part A – Elements of Unethical conducts
83
5.3 Part B – Characteristics And Responsibilities Needed
To Avoid Unethical Conducts
85
5.4 Part C – Ways To Reduce Unethical Conducts
86
5.5 Main Findings of the Project
87
xi
VI
CONCLUSION AND RECOMMENDATIONS
6.1Introduction
89
89
6.2 Objective 1: To Identify The Element Of Unethical
Conduct Among The Professional.
90
6.3 Objective 2: To Identify The Characteristics And
Responsibilities That The Professionals Should
Play To Avoid Unethical Conducts.
90
6.4 Objective 3: To Identify Ways Of Reducing Unethical
Conduct Among The Professional.
6.5 Recommendation
91
92
6.5.1 Recommendation To The Industry
92
6.5.2 Recommendation For Further Study
93
REFERENCES
94
APPENDICES
99
xii
LIST OF FIGURE
FIGURE NO.
TITLE
PAGE
1. 1:
Research Methodology Flow Chart
6
2. 1:
Seven Level of an Ethical Organization
16
2. 2:
Guidelines for Facilitating Solutions to Ethical Dilemmas in
Professional Practice (Ronald, 2002)
57
4. 1:
Distribution of Questionnaire
71
4. 2:
Agreement And Disagreement On The Elements Of
Unethical Conducts
4. 3:
Agreements and Disagreement about the Characteristics
Needed To Avoid Unethical Conducts
4. 4:
75
Agreements and Disagreement about the Responsibilities
Needed To Avoid Unethical Conducts
4. 5:
73
77
Agreements and Disagreement about the Ways to
Reduce Unethical Conducts
80
xiii
LIST OF TABLES
TABLE NO.
TITLE
PAGE
4. 1:
Distribution and Return Of Questionnaire
71
4. 2:
Elements of Unethical Conducts
72
4. 3:
Characteristics Needed to Avoid Unethical Conducts
74
4. 4:
Responsibility Needed To Avoid Unethical Conducts
76
4.5:
Ways To Reduce Unethical Conducts
79
1
CHAPTER I
INTRODUCTION
1.1 Introduction
Professionals such as engineers, architects, and surveyors play a very important
role in the construction industry. The absence of ethical behaviors will invites more
problems in the future. The risk of exploitation, being cheated and hostility will always
haunted the clients. Perceptions that professionals are always can be trusted, loyal, and
responsible were no longer true if the ethical issues were not solved quickly. In this
study, the unethical conducts among the professionals will be discussed in details
together with the appropriate solutions. A percentage analysis will be used to analyze the
data collected from the questionnaire surveys. Besides that, this study also has suggested
some recommendations that may be useful to the industry.
2
1.2 General Background
In recent years there has been increased interest in the ethical values, beliefs and
behavior of persons in the business world. Public abhorrence of questionable behavior of
politicians, the savings and loan scandal and insider trading violations are just a few
examples of many problems in professional life. Ferrell and Fraedrick (1991) have
concluded that “Professional ethics is one of the most important concerns in today’s
world.”
A few professional organizations have tried to comprehend the ethical values,
beliefs and behavior of their constituents. Several studies and research concerning about
the ethics has been conducted. Vittrell (1990) has studied the frequency of ethical
behavior for management information specialists and Martin and Peterson (1991) have
examined the ethical issues of insider trading.
Fimbel and Burstein (1990) have investigated the ethical values of technology
professionals and Thornburg (1991) made use of a survey concerning the ethical beliefs
and practices of human resources professionals.
On a preliminary basis, these studies indicate the various ethical issues and
uncertainties which are problematic for members of the various professions. Most
professionals are ethical segregationists that tend to segregate their ethical values into
one type of behavior for business and another type of behavior away from business
(Fraedrich, John P, 1988).
3
1.3 Problem Statement
We live in a cynical age. A major cause for such cynicism is the apparent absence of ethical behavior on the part of professionals with whom we deal. Most of us
feel we can no longer trust others especially professionals, which they will exploit or
cheat us that they may injure us physically out of anger, hostility, or fear that they will
not be available when we need help, and so on.
Lying behind it, however, has to be a commitment to a set of ethical values that
form the basis for those criticisms. We do feel that professionals should be trustworthy
and supportive, they should deal fairly with us, and they should not hurt us.
Have professionals become less honest, less trustworthy, and more materialistic
than their predecessors? This is both an empirical and a theoretical question. Our norms
of behavior are not only a set of ideals we have, but also the lenses through which we
look at and evaluate actual behavior. To what extent should either the actual or the ideal
character of professionals be different today than in the simpler world of the nineteenth
century?
Excuses may point to a problem; too great a dissonance between actual behavior
and our expectations. In much ethical discussion, the assumption is that such dissonance
should be eliminated or minimized by changing behavior.
4
1.4 Aim and Objective
The aim of the study is to have a clear overview about the unethical conducts
among the professionals that involved in the construction industry in Johor and
Selangor.
To achieve the above aim, the following objectives have been identified for this study:
i. To identify the element of unethical conduct among the professional;
ii. To identify the characteristics and responsibilities that the professionals should
play to avoid unethical conducts; and
iii. To identify ways of reducing unethical conduct among the professional.
1.5 Scope and Limitation
The scope of this study focused on three groups of professionals that are directly
involved in a construction industry only. These professionals are engineers, architects
and quantity surveyors. The study was conducted in Johor and Selangor area only.
5
1.6 Importance of the Study
Nowadays, the construction projects are become more complex and difficult. Not
only problem occurs due to the increasingly uncertainties in technologies, budget, and
development process, the involvement of several professionals bodies in a project can
invites more problems. Professional such as engineer and architect always face with
crisis and dilemma in the profession. The important of this study is to identify the
unethical conduct by the professional in Malaysia besides to identify ways to reducing it.
It was envisaged that the study will be beneficial to all relevant parties that
involved in the construction industry ranging from those involved in academic research,
student, practitioners of construction industry and the professional’s bodies as well.
From the study, the element of the unethical conducts among the professional are
determine together with the solution to the problem that can be used by each parties in
the industry to make sure that the professional ethics are been implemented and
practiced. By doing this, the image, reputation and integrity of the professionals will be
increase and professional are continued to be respected by the publics.
6
1.7 Research Methodology
The methodology adopted for this study collection involves literature review and
questionnaire survey. The appropriate choice of methodology largely depends on the
objectives to be achieved. The analysis for the questionnaire survey, the data was
analyzed using the percentage analysis. After that, the analysis will be deliberately
discussed and appropriate recommendation will be given.
1.7.1 Flow Chart of Research Methodology
INITIAL STUDY
Identifying Problem
of Statement
Identifying Objective
Determining the
Research Scope
Literature Review
To identify the element of
unethical conduct among
professionals
To identify the characteristics
and responsibilities needed to
avoid unethical conducts
To identify ways of reducing
unethical conducts among
the professional
Data Collection
i. Primary
ii. Secondary
Data Analysis
Discussion
Conclusion
Recommendation
Figure 1. 1: Research Methodology Flow Chart
7
1.8 Summary of Chapters
This report is divided into six (6) chapters.
Chapter I describes the overall intention of the study. It also explains the
objectives, the scope and limitation and the brief methodology adopted for the study.
Chapter II is a literature review that is gathered from the reading material such as
books, journals and magazine. This chapter has been divided into four main topic that
are related to the study. Those topics are about the professionals, ethics, unethical
professionals and resolution of the ethical conflict.
Chapter III describes in detail the methodology used for this study to achieve the
objectives. This includes methodology for the data collection and data analysis.
Chapter IV analyzed the data using the percentage analysis for the questionnaire
survey. Each part of the questionnaire was analyzed in details and the bar chart diagrams
are used to visualize the results.
Chapter V discussed in details the data analyzed in the previous chapter. The
discussion is concerning about the agreement and disagreement of each statement by the
professionals and the effects to them and to the industry as well.
Chapter VI concludes the overall study on the subject and evaluate whether the
objectives of the study are met. Recommendations for further studies are also suggested.
8
CHAPTER II
LITERATURE REVIEW
2.1 Introduction
The purposed of this chapter is to review on all the literatures related to ethics
and professionals in Malaysian construction industry. This includes the general
definition of professionals and ethics. Besides that, it will also discussing about the
unethical elements, characteristics and responsibilities of professional, crisis and
dilemma of professionals and also about the principle of the ethics. Furthermore, the
methods on how to solve this ethics problem will also being discussed.
2.2 Professional
A professional can be either a person in a profession (certain types of skilled
work requiring formal training or education) or in sports (a sportsman or sportswoman
9
doing sports for payment) and sometimes it is also used to indicate a special level of
quality of goods or tools, sometimes also called "commercial grade" (Howard, 2000).
A profession is classically defined as an occupational group of specialists whose
practice is based on a circumscribed body of knowledge, represented by a professional
association, self-regulating via a code of ethics and professional conduct and
participating in a shared culture of norms, values and symbols (Greenwood, 1965).
While the label professional has long-standing acceptance as applied to doctors, lawyers,
engineers, accountants and members of the clergy, it has been suggested, with increasing
frequency and conviction, that both the benefits and obligations of a professional
designation should be embraced by information systems specialists (Caplow, 1966).
Professionals can be defining differently according to several criteria such as work and
trades (Wikipedia, 2007).
i. Work
A professional is a worker required to possess a large body of knowledge
derived from extensive academic study (usually tertiary), with the training almost
always formalized. Professionals are at least to a degree self-regulating, in that
they control the training and evaluation processes that admit new persons to the
field, and in judging whether the work done by their members is up to standard.
This differs from other kinds of work where regulation is imposed by the state, or
where official quality standards are often lacking. Professions have some
historical links to guilds in these regards.
Professionals usually have autonomy in the workplace; they are expected
to utilize their independent judgement and professional ethics in carrying out
their responsibilities (ECSA, 2000). This holds true even if they are employees
instead of working on their own. Typically a professional provides a service in
exchange for payment or salary, in accordance with established protocols for
licensing, ethics, procedures, standards of service and training or certification.
10
The above definitions were echoed by economist and sociologist Max
Weber, who noted that professions are defined by the power to exclude and
control admission to the profession, as well as by the development of a particular
vocabulary specific to the occupation, and at least somewhat incomprehensible to
outsiders.
Therefore it would be appropriate to state that a true professional must be
proficient in all criteria for the field of work they are practicing professionally in.
Criteria to include following categories:
• Highest Academic Qualifications such as University College or Institute
• Expert and Specialised Knowledge in field which one is practicing
Professionally
• Excellent manual or practical and literary skills in relation to Profession
working in
• High Quality work in either creations, products, services, presentations,
consultancy, primary or other research, administrative, marketing or other
work endeavours
• High Standard of Professional Ethics, Behaviour and Work Activities
while carrying out one's Profession (as an employee, self-employed person,
enterprise, business, company, or partnership)
• Reasonable amount of professional working experience in either or of the
above capacities in fields of work one has Professional Qualifications.
11
ii. Trades
In narrow usage, not all expertise is considered a profession. Although
sometimes referred to as professions, such occupations as skilled construction
work are more generally thought of as trades or crafts. The completion of an
apprenticeship is generally associated with skilled labor or trades such as
carpenter, electrician, plumber, Bricklayer and other similar occupations. A
related distinction would be that a professional does mainly mental or
administrative work, as opposed to engaging in physical work. Many companies
include the word professional in their company name to signify the quality of
their workmanship or service for example Professional Plastics, Inc. "The
Plastics Professionals".
2.2.1 Professional ethics
The definition of professional ethics endorsed by the working party is giving of
one’s best to ensure that clients’ interests are properly cared for, but in doing so the
wider public interest is also recognised and respected (Howard, 2000).
One does not normally talk about the relational or ethical obligations of farmers,
miners, assembly line workers, or cabinetmakers. However, when we describe someone
selling a service, we must discuss relational and ethical issues. Are the ethical
requirements for computer programmers who help customers work out their recordkeeping problems fundamentally different from those for accountants, or is the works of
auto mechanics that help people keep their automobiles running fundamentally different
from that of engineers helping entrepreneurs work out how to produce a product more
efficiently?
12
Professional ethics concerns the moral issues that arise because of the specialist
knowledge that professionals attain, and how the use of this knowledge should be
governed when providing a service to the public (Chadwick, 1998). According to
Wikipedia (2008), professionals ethics can be define as a one's conduct of behaviour and
practice when carrying out professional work. Such work may include consulting,
researching, teaching and writing.
Professional ethics concerns about matters such as professional indemnity.
Furthermore, as will readily be appreciated, no two codes of ethics are identical. They
vary by cultural group, by profession and by discipline. The former of these three
variations is one of the most interesting, as well as controversial, since it challenges the
assumption that universal ethical principles exist (Wikipedia, 2008). In some cultures,
certain behaviour is certainly frowned upon, but in other cultures the opposite may be
true.
2.2.2 Professional Responsibility
The professional carries additional moral responsibilities to those held by the
population in general. This is because professionals are capable of making and acting on
an informed decision in situations that the general public cannot, because they have not
received the relevant training (Whitbeck, 1998). For example, a layman member of the
public could not be held responsible for failing to act to save a car crash victim because
they could not give an emergency tracheotomy. This is because they do not have the
relevant knowledge. In contrast, a fully trained doctor (with the correct equipment)
would be capable of making the correct diagnosis and carrying out the procedure and we
would think it wrong if they stood by and failed to help in this situation.
13
This additional knowledge also comes with authority and power. The client
places trust in the professional on the basis that the service provided will be of benefit to
them. It would be quite possible for the professional to use his authority to exploit the
client (Davis, 1991).
The issue of whether professional ethics means unique ethical requirements
applying only to those professional roles or refers to all the ethical obligations from
whatever source impinging on those people designated as professionals. In order to give
a context for discussing ethical issues, it helps to have a general notion of basic
professional ethical duties. Some of the major ones are (Davis, 1991):
i. To protect the interests and welfare of the client,
ii. To be loyal and not to engage in conflicts of interests by preferring the interests
of other clients or those of the professional himself over that owed the particular
client,
iii. To protect confidential information the client gives to the professional,
iv. Not to appropriate or misuse the client's property,
v. To perform the professional services requested by the client competently or else
find other professional specialist who can do so.
Being ethical also means being honest. In carrying out large and complex
assignments, we confront issues that aren’t purely technical. There are business and
financial ramifications to consider in our projects, and sometimes we must suppress our
engineering egos in favor of the client’s interests (Joanna, 2004).
14
Avoid conflict of interest such as no favoritism, based on personal biases, during
engineering practice. This can include things such as influencing decisions that will
yield personal gain.
The Architecture and Engineering Firm and its client cannot forget their duty to
the general public such as designing facilities that are used by people who rely on the
engineer’s skill, diligence and ethics for their safety (Chadwick, 1998).
2.2.3 The Professionals Dilemma
A great and recurring ethical dilemma facing all professionals bubbles along
under the surface and erupts nastily from time to time into full public view. This is
created by a conflict between the two primary roles performed by the same person; the
professional as advisor to a client who asks whether certain services are necessary and
the professional as provider of the services the client might need (Mc Dowell, 1991).
The steady flow of news paper articles in recent years charging that surgeons
perform unnecessary operations, that stockbrokers churn accounts and act on inside
information, that insurance agents sell unsuitable policies to customers, and that lawyers
bring frivolous lawsuits shows that this dilemma is often resolved the wrong way.
The problem that professionals always face is the unnecessary services do not
arise solely in situations where the client needs no service at all. The more common
context occurs when some service is necessary, but the professional pads bills by giving
excessive service (Mc Dowell, 1991).
15
The same general problem faces other professionals, such as a surgeon asked
whether an operation is necessary, or a physician asked about the necessity of some
treatment. An insurance agent may be asked whether a customer needs more insurance
besides architect drawing that must be creative or practical. The stockbroker is often
asked about the advisability of an investment. All face essentially the same dilemma and
are presented with the same choices.
When professionals serving both as counselor and purveyor of services abuse
their position by advising that unnecessary or more expensive services should be
purchased, this increases the provider's income, but at the client's cost. Although this
dilemma is faced by any provider of services or goods who is asked for advice, it is a
particularly difficult one for professionals (Whitbeck, 1998).
Professionals are obligated to give honest advice on whether services are
necessary and to prefer the client's interest over their own. Professionals are also driven
by economic necessity and cultural expectations to be financially successful, however.
In many situations, the professional perceives herself the other; that is, be ethical and
pass up an opportunity to make money, or take advantage of an opportunity and be
unethical (McDowell, 1991).
The average professional is a typical human being which means a bundle of
contradictions, containing within him or herself the capacity for genuinely virtuous and
altruistic activity, as well as the capacity for mean, selfish, and greedy activity.
Professionals are clearly not exempt from this human condition. Many professional roles
intensify the problem because they carry both the expectation for public service and the
opportunity for financial aggrandizement (Joanna, 2004).
People always agued about the professional ability to serve the client and being
success as a professional. One might said that the successful professional is one who
serves the client's interests and therefore there is no opposition in the two goals. Success,
is a cultural judgement or as a concept. In the wider society and in professional circles as
16
well, success is often defined largely, if not exclusively, in terms of attaining material
success or prestigious positions, or by competitive success in the pecking order of the
profession (McDowell, 1991). The index to such success is very often income.
2.2.4 Professional’s Organisation
Determining whether an organization has the capabilities to put such a culture in
place requires careful examination. One approach is to categorize different types of
values in a way that lends itself to determining specific strengths and weaknesses that
can be assessed and then corrected or enhanced.
Figure 2.1: Seven Level of an Ethical Organization
The Culture Risk Assessment model presented in Figure 2.1 has been adapted
from the Cultural Transformation Tools developed by Richard Barrett & Associates
(Gebler, 2000) tools provide a comprehensive framework for measuring cultures by
mapping values. The model is based on the principle, substantiated through practice,
which all values can be assigned to one of seven categories:
17
i)
Level 1 - Financial Stability.
Every organization needs to make financial stability a primary concern.
Companies that are consumed with just surviving struggle to focus enough
attention on how they conduct themselves. This may, in fact, create a negative
cycle that makes survival much more difficult. Managers may exercise excessive
control, so professionals may be working in an environment of fear.
In these circumstances, unethical or even illegal conduct can be
rationalized. When asked to conform to regulations, organizations do the
minimum with an attitude of begrudging compliance. Organizations with
challenges at this level need to be confident that managers know and stand within
clear ethical boundaries.
ii) Level 2 - Communication.
Without good relationships with professionals, customers, and suppliers,
integrity is compromised. The critical issue at this level is to create a sense of
loyalty and belonging among professionals and a sense of caring and connection
between the organization and its customers.
The most critical link in the chain is between professionals and their
direct supervisors. If direct supervisors can’t effectively reinforce messages
coming from senior leadership, those messages might be diluted and confused by
the time they reach line employees. When faced with conflicting messages,
professionals will usually choose to follow the lead of their direct supervisor
over the words of the CEO that have been conveyed through an impersonal
communication channel. Disconnects in how local managers “manage” these
messages often mean that professionals can face tremendous pressure in
following the lead established by leadership.
18
Fears about belonging and lack of respect lead to fragmentation,
dissension, and disloyalty. When leaders meet behind closed doors or fail to
communicate openly, professionals suspect the worst. Cliques form, and gossip
becomes rife. When leaders are more focused on their own success, rather than
the success of the organization, they begin to compete with each other.
iii) Level 3 - Systems and Processes.
At this level, the organization is focused on becoming the best it can be
through the adoption of best practices and a focus on quality, productivity, and
efficiency.
Level 3 organizations have succeeded in implementing strong internal
controls and have enacted clear standards of conduct. Those that succeed at this
level are the ones that see internal controls as an opportunity to create better,
more efficient processes. But even those that have successfully deployed
business processes and practices need to be alert to potentially limiting aspects of
being too focused on processes. All organizations need to be alert to resorting to
a “check-the-box” attitude that assumes compliance comes naturally from just
implementing standards and procedures. Being efficient all too often leads to
bureaucracy and inconsistent application of the rules.
When this goes badly, professionals lose respect for the system and resort
to self-help to get things done. This can lead to shortcuts and, in the worst case,
engaging in unethical conduct under the guise of doing what it takes to succeed.
iv) Level 4 - Accountability.
The focus of the fourth level is on creating an environment in which
professionals and managers begin to take responsibility for their own actions.
They want to be held accountable, not micromanaged and supervised every
19
moment of every day. For an ethics and compliance program to be successful, all
professionals must feel that they have a personal responsibility for the integrity
of the organization. Everyone must feel that his or her voice is being heard. This
requires managers and leaders to admit that they don’t have all the answers and
invite employee participation.
v) Level 5 - Alignment.
The critical issue at this level is developing a shared vision of the future
and a shared set of values. The shared vision clarifies the intentions of the
organization and gives employees a unifying purpose and direction. The shared
values provide guidance for making decisions.
The organization develops the ability to align decision making around a
set of shared values. The values and behaviors must be reflected in all of the
organization’s processes and systems, with appropriate consequences for those
who aren’t willing to walk the talk. A precondition for success at this level is
building a climate of trust.
vi) Level 6 - Social Responsibility.
At this level, the organization is able to use its relationships with
stakeholders to sustain itself through crises and change. Professionals and
customers see that the organization is making a difference in the world through
its products and services, its involvement in the local community, or its
willingness to fight for causes that improve humanity. They must feel that the
company cares about them and their future.
Companies operating at this level go the extra mile to make sure they are
being responsible citizens. They support and encourage professionals’ activities
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in the community by providing time off for volunteer work or making a financial
contribution to the charities that employees are involved in.
vii) Level 7 - Sustainability.
To be successful at Level 7, organizations must embrace the highest
ethical standards in all their interactions with professionals, suppliers, customers,
shareholders and the community. They must always consider the long-term
impact of their decisions and actions.
Employee values are distributed across all seven levels. Through surveys,
organizations learn which values employees bring to the workplace and which values are
missing. Organizations do not operate from any one level of values: They tend to be
clustered around three or four levels. Most are focused on the first three:
i. Level 1 - profit and growth
ii. Level 2 - customer satisfaction
iii. Level 3 - productivity, efficiency, and quality.
The most successful organizations operate across the full spectrum with
particular focus in the upper levels of consciousness, the common good, accountability,
leading to:
i. Level 4 - learning and innovation
ii. Level 5 – alignment
iii. Level 6 – sustainability
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iv. Level 7 - social responsibility
Five basic assumptions underpin the understanding of ethics often covered by
professional organisations (RICS, 2000):
i. Professional ethics is a process. Ethics are not a fixed text to be learnt once. It is
a way of reviewing behaviour against constantly changing standards. What
may be ethical today, or in a particular society, may be viewed differently by
others or at another time.
ii. Human behaviour is caused. There is a motive for all human behaviour for
example financial gain, power, and compassion.
iii. Actions have consequences. The equivalent of Newton’s Third Law of Physics –
‘every force has an equal and opposite reaction’.
iv. What is ethical depends on the individual’s point of view. This is influenced by a
variety of factors including published codes and statements.
v. Good ethical business practice rests on mutual vulnerability. We are each
susceptible to the actions of others, and the way we are treated depends on
how we treat others. Respect is not a right and must be earned.
The need for professional ethics is based upon the vulnerability of others. The
client must be protected from exploitation in a situation in which they are unable to
protect themselves because they lack the relevant knowledge to do so.
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2.3 Ethics
Ethics is defined in as the science of morals, moral principles or behaviour and
moral is defined as the standard of conduct respected by good men independently of
positive law and religion (The Oxford English Dictionary 2nd Edition, 1995). This
definition does not, of course, set down the code nor establish how the code might be
prepared. Many organisations and writers have attempted to define ethics in their own
context whether business, organisational, political, personal or professional.
2.3.1 Ethics History
In 2004, Helicon has published one article about the history and development of
the ethics from the ancient India and China era until the 20th century. According to the
article, ethics is a branch of philosophy concerned with the systematic study of human
values. It involves the study of theories of conduct and goodness, and of the meanings of
moral terms.
Ethics in Latin known as ethica from the Ancient Greek define as "moral
philosophy", a major branch of philosophy, is the study of values and customs of a
person or group. It covers the analysis and employment of concepts such as right and
wrong, good and evil, and responsibility.
It is divided into three primary areas:
i. Meta-ethics, the study of the concept of ethics.
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ii. Normative ethics, the study of how to determine ethical values.
iii. Applied ethics, the study of the use of ethical values.
In ancient India and China, sages like Buddha and Lao Zi made
recommendations about how people should live, as Jesus and Muhammad did in later
centuries. However, ethics as a systematic study first appears with the Greek philosopher
Socrates in the 5th century BC. Plato thought that objective standards of justice and
goodness existed beyond the everyday world. In his Nicomachean Ethics, Aristotle
argued that virtue is natural and so leads to happiness, and that moral virtues are
acquired by practice, like skills. The Cyrenaics and Epicureans were hedonists who
believed in the wise pursuit of pleasure. The Stoics advocated control of the passions
and indifference to pleasure and pain.
The Christian ethic is mainly a combination of New Testament moral teaching
with ideas drawn from Plato and Aristotle, combining hedonism and rationalism.
Medieval scholasticism saw God's will as the ethical standard but tempered it with
Aristotelian ethics.
In the 17th century, the Dutch philosopher Spinoza and the English Thomas
Hobbes both believed that morals were deducible from prudence, but Spinoza's moral
theory is set in a pantheistic metaphysics. In the 18th century, the English cleric Joseph
Butler argued that virtue is natural and that benevolence and self-interest tend to
coincide.
The Scot David Hume, who influenced Jeremy Bentham, argued that moral
judgement are based on feelings about pleasant and unpleasant consequences. For the
German Immanuel Kant, morality could not have a purpose outside itself, so the good
person acts only from duty, not feeling or self-interest, and in accordance with the
categorical imperative (the obligation to obey absolute moral law). Utilitarianism,
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devised by Bentham and refined by J S Mill in the 19th century, has been immensely
influential, especially in social policy.
In the 20th century, the British philosopher G E Moore argued in Principia
Ethica 1903 that the concept of goodness was simple and indefinable. The French JeanPaul Sartre's existentialist emphasis on choice and responsibility has been influential,
too. The English novelist and philosopher Iris Murdoch has explored the relationship
between goodness and beauty, whereas Mary Midgley has tried to update Aristotle's
view of human nature by reference to studies of animal behaviour.
Ethics is closely linked to other disciplines, such as anthropology, ethology,
political theory, psychology, and sociology. Increasingly, moral philosophers analyse
such ethical problems as war, animal rights, abortion, euthanasia, and embryo research;
medical ethics has emerged as a specialized branch of ethics.
2.3.2 Codes of ethics
The intent of codes of conduct typically is not to define legal versus illegal
conduct but to provide goals to which members of the profession should aspire in their
conduct (Onsrud, 1997). Such codes are placed in writing with the full realization that
most professionals will not be able to rigorously or always adhere to the goals and that
the provisions will not be strictly enforceable.
A code of ethics is often a formal statement of the organization's values on
certain ethical and social issues. Some set out general principles about an organization's
beliefs on matters such as quality, employees or the environment. Others set out the
procedures to be used in specific ethical situations such as conflicts of interest or the
25
acceptance of gifts, and delineate the procedures to determine whether a violation of the
code of ethics occurred and, if so, what remedies should be imposed (Davis, 1991).
One of the problems with professional and business society codes of ethics is that
they are most often developed by consulting the opinions of members of the group or
discipline without also consulting opinions of the consuming public or the public at large
(Onsrud, 1997). As a result, there is typically present in such codes and emphasis on fair
dealings among members of the group and a bias towards members of the discipline
over members of the public. For instance, conduct in dealing with clients that many
members of a professional group consider to be "smart business practices" may be
considered by the consuming public to be substantially lacking in treating them fairly or
in protecting their interests.
Therefore, codes of ethical conduct should be prepared by gauging opinions of
both the discipline and at least that sector of the public likely to be dealing with the
products and services provided by the discipline.
This is not only to the benefit of the client but to the benefit of those belonging to
the profession. For example, a business may approach an engineer to certify the safety of
a project which is not safe. Whilst one engineer may refuse to certify the project on
moral grounds, the business may find a less scrupulous engineer who will be prepared to
certify the project for a bribe, thus saving the business the expense of redesigning.
Disciplinary codes allow the profession to draw a standard of conduct and ensure
that individual practitioners meet this standard, by disciplining them from the
professional body if they do not practice accordingly. This allows those professionals
who act with conscience to practice in the knowledge that they will not be undermined
commercially by those who have less ethical qualms (Wikipedia, 2007). It also
maintains the public’s trust in the profession, meaning that the public will continue to
seek their services.
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2.3.3 Internal Regulation Problems
There are questions surrounding the validity of professional codes of ethics. On a
practical level it is very difficult for those independent of the profession to monitor
practice, leaving the possibility that a code of practice may be self serving. This is
because the nature of professions is that they have almost a complete monopoly on a
particular area of knowledge (Brazier, 1987).
This meant that there was a large extent to which professional conduct lay
outside the governance of the law. However, since the case of Bolitho v. City and
Hackney Health Authority case law has given the stipulation that a practice that is
commonly accepted by a profession must ‘withstand logical analysis’ (Browne, 1998) if
it is to have weight legally. This has allowed some scrutiny of accepted practice when
charges of negligence are brought.
2.3.4 Ethical Behavior
Andersen (1999) study found that a key factor in the success or failure of an
ethics program is the professional’s perceptions of management's motivation for the
establishment of the program itself.
Findings show that a code of ethics is successful when the professional perceive
that it is create to help guide the behaviour besides reinforce a company share value. On
the other hand, unsuccessful code of ethics is when the professional believe it is
designed primarily for purposes of compliance. When employees perceive that the
program was developed to prevent, detect, and punish violations of law and regulation,
or simply to improve the company's image, the results are far less successful.
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Most authorities agree that there is room for improvement in business ethics. One
of the most problematic questions raised in relation to business ethics is whether or not
businesses can become more ethical in the real world. The majority opinion on this issue
suggests that government, trade associations, and individual firms can indeed establish
acceptable levels of ethical behavior (Jonathon, 2007).
The government can do so by legislating more stringent regulations. But, rules
require enforcement and when in many cases there is evidence of lack of enforcement
even the ethical businessperson will tend to slip something by without getting caught
(Jonathon, 2007). Increased regulation may help, but it surely cannot solve the entire
business ethics problems.
Trade associations can and often do provide ethical guidelines for their members.
In Malaysia, there are several professional bodies that been establish and has their own
ethics code for their members. These organizations within particular industries are in an
excellent position to exert pressures on members that stoop to questionable business
practices. However, enforcement and authority vary from association to association.
Moreover, exactly because trade associations exist for the benefit of their members,
harsh measures may be self-defeating.
Professionals can more easily determine and adopt acceptable behavior when
companies provide them with a code of ethics. Such codes are perhaps the most effective
way to encourage ethical behavior. A code of ethics is a written guide to acceptable and
ethical behavior that outlines uniform policies, standards and punishments for violations
(Davis, 1991). Because employees know what is expected of them and what will happen
if they violate the rules, a code of ethics goes a long way towards encouraging ethical
behavior (BEM, 2003).
However, codes cannot possibly cover every situation. Companies must also
create an environment in which employees recognize the importance of complying with
the written code. Managers must provide direction by fostering communication, actively
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modeling and encouraging ethical decision making, apart from investing in training
employees to make ethical decisions.
In a research about the ethical behaviors of professional (Joanna, 2004), the
professionals has list that maintaining fairness in works is the most important ethical
behaviors that must be practice as a professionals in doing the works. This is follow by
maintaining company or organisational interest and maintaining public interest. On the
other hand, retaining self-interest is the least important things for the professionals in
doing their works.
In addition, the research also revealed that securing clients’ interest is most
important things to be implement especially when professionals facing ethical dilemmas.
Besides that, Joanna research finding also list some factors that causing the decreasing
ethical conduct among the professional. There are social factor, factors from the
changing working environment and the changing beliefs of professionals.
2.3.5 Ethical Dilemma
Marshall (2007) define ethical dilemma as an ethical problem in which the
ethical choice involves ignoring a powerful non-ethical consideration. A non-ethical
consideration can be powerful and important enough to justify choosing it over the strict
ethical action. On the other hand, an ethical dilemma is a situation that often involves an
apparent conflict between moral imperatives, in which to obey one would result in
transgressing another (Wikipedia, 2006). This is also called an ethical paradox since in
moral philosophy; paradox plays a central role in ethics debates.
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Ethical dilemmas are often cited in an attempt to refute an ethical system or
moral code, as well as the worldview that encompasses or grows from it (Wikipedia,
2006). Perhaps the most commonly cited ethical conflict is that between an imperative
or injunction not to steal and one to care for a family that you cannot afford to feed
without stolen money.
This situation can be adapted in the construction industry in away that contractor
lies about the quality of the material used just because of the reason to cut the
construction cost so that more profit gained to the company. This is clearly unethical
action although the contractor intention is good.
A 2005 global study of over 1100 managers and executives, commissioned by
the American Management Association, identified the top three factors most likely to
cause business people to compromise ethical standards. All three impact most of us from
time to time, so it would be an unusual person who would not have experienced
temptation (Eckmire, 2008). The factors, in order, are:
i. Pressure to meet unrealistic business objectives/deadlines.
ii. Desire to further one's career.
iii. Desire to protect one's livelihood.
2.3.6 The Ethical Crisis
There is certainly unease about professional ethics, not only by the professionals
themselves, but by the general public, who are the clients or consumers of professional
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services (Ferell, 1991). In recent decades, more courses about ethics have been
introduced into professional schools. Professional associations are worried about the
public image of professionals as being unethical (RICS, 2000).
McDowell in 1995 has prepared a presentation for an ethics conference entitled
"The Excuses that Make Professional Ethics Irrelevant." His thesis was that for ethics,
the norms are largely matters of voluntary compliance and if an actor can find excuses
that justify to himself those of his actions that might be labeled unethical, the ethical
requirements lose force. The more he worked with that notion, the more McDowell
discovered that excuses serve not only the function of avoiding ethical responsibility,
which is the way we usually think about them, but they are also useful in deciding how
to apply and adapt ethical norms in specific contexts. In addition, they point to problems
of dysfunction between ethical standards and the needs and problems of contemporary
professional practice.
Discussing and considering whether there is a crisis in professional
responsibility, McDowell (2000) has list three preliminary questions that should be ask.
There are:
i. First, when we talk about professionals, whom do we mean?
ii. Second, are there special ethical obligations for professionals as distinguished
from their legal duties or from their ethical duties as ordinary people?
iii. Third, is there really an ethical crisis and if so, how ought we to try to resolve it?
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2.3.7 Ethical culture
Most compliance programs are generated from corporate and disseminated down
through the organization. As such, measurement of the success of the program is often
based on criteria important to the corporate office for example, how many employees
certified the Code of Conduct, how many employees went through the training, or how
many calls the hotline received.
Culture is different and is measured differently. An organization’s culture is not
something that is created by senior leadership and then rolled out. A culture is an
objective picture of the organization, for better or worse (Gebler, 2000).
Ethical leadership is a combination of character, of who professional are as a
person, and performance, the active promotion of principled behavior within the
organization. McNamara (1990) has developed a process that can help ensure that the
organization has an ethical culture and leaders who lead with character. Investing in a
process that seeks to instill an ethical culture is especially important in the case where
there is an ethical breach.
2.3.7.1 Creating Ethical Culture
In the aspect to create an ethical culture, the corporate executives play an
important role to make sure the ethics are more visible in the organisations. There are
three steps that can implement to create the ethics culture (Sullivan, 1997):
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i. Communicate Core Values.
No matter how specific the rules and policies in a code of conduct, there
will be situations where no specific rule applies. Values, deeply held beliefs
that guide the thinking can be broadly applied in any situation. The first step in
creating a culture of ethics is to communicate with the core values.
Three of the most universal values to embrace and apply are:
• Integrity - Professional must be totally honest in everything that they
do or say.
• Accountability - Professional must take personal responsibility for their
actions.
• Trust - Professional must have the foundation of positive relationships
within and outside the company.
Even if the company has other specific values related to the history or
industry, keep these three values in the forefront of the corporate culture. Never
let people forget that being true to these values is more important than any
other business initiative.
ii. Become a Model Decision Maker.
If the professional want people to know how serious they are about
ethical conduct, adopt the old adage “Show, don’t tell.” Executives and leaders
must talk publicly about ethics and explain how the business decision-making
process reflects the company's values and code of conduct.
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Situations involving ethics and values are often complex, and a clear
course of action is not always obvious. This is especially true of decisions
made at the executive level. To help convey the reasoning behind every
decision, consider using a decision-making model. A simple model is easily
understood by most people and applicable to a variety of situations.
When faced with an ethical dilemma, there are several questions can be
considered as a model for analysis. There are:
• What feels wrong about this situation?
• This is the first step in clarifying the underlying issue.
• Is this situation against company policy or the law?
• If so, the issue can be quickly resolved, since no good decision will
ever violate these.
• How will our stakeholders be affected?
• This question helps to evaluate how professional actions will affect
others, including investors, employees, business partners and the
public.
iii. Adopt Ethical Managerial Practices.
This approach to ethical decisions must be adopted and applied all the
way down the chain of command. Every professional should model the
decision-making process outlined above. Every professional should be familiar
with policies and company code of conduct, in order to apply them evenly and
consistently across the board.
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iv. Make Ethics a Corporate-Wide Initiative.
Good managers listen to professionals. They know there is no substitute
for a grass-roots connection to ideas and issues. Be sure managers at all levels
truly have an open door and encourage professionals to use it. In order to build
confidence in professionals and to quell cynicism, the company must have a
process for professionals and others enabling them to raise concerns to
management, human resources, the ethics officer or a professional’s hot line.
The procedure for reporting problems should make it clear that reports can be
made without fear of reprisal, and a zero-tolerance rule must be applied to
retaliation against whistle blowers.
If problems are reported, they must be properly investigated and tracked,
according to prescribed procedures. If the investigation shows that rules have
been broken, there must be consequences. There can be no exceptions, no
second chances or special circumstances.
2.3.7.2 Ethical Work Environment
Creating an ethical work environment is a crucial part to the professional in
doing their works. This is because with the ethical work environment, it will set the
organisational stage for behavior and establishes clear limits for the workforce. The
Josephson Institute on Ethics (Trail, 2007) has outlined some key elements of an ethical
company, excerpted below:
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i. An ethics code.
ii. Top-tier involvement. A board-level ethics committee, an ethics management
committee of senior executives, an ethics officer, and an ombudsperson.
iii. Participation in an outside ethics program, such as Ethics in the Workplace.
iv. Transparency from ethical behavior.
v. A common language of values, one that increases mutual understanding. One
well-known language is the Six Pillars of Character: trustworthiness, respect,
responsibility, fairness, caring and citizenship.
2.4 Unethical Professional
In determining whether an action will be considered unethical by society as a
whole, we normally try to anticipate whether a large majority opinion of the group
would hold the action to be unethical. It is seldom practical to take opinion polls before
taking most actions, business associations and professional societies often develop codes
of conduct to act as general guidelines of conduct for their members (Onsrud, 1997).
Usually codes of conduct prepared by professional are intended as goals to aspire to. The
principles outlined are not meant to be strictly enforceable.
The widely held public perception that professionals are unethical is not based on
a belief that professionals, or their clients, are unclear about what ethical conduct is, but
rather that professional do not act ethically. It appears to be more a problem of
36
compliance than of incomplete knowledge. The ethical difficulties professionals face are
more complex than just a mere failure to comply with clear ethical injunctions.
2.4.1 Determining the Ethical Standard
At the outset, one should take a tentative position on whether the problem
underlying the crisis is that ethical standards (McDowell, 2000):
i. Are unknown and unclear
If the problem were lack of clarity in standards, better ethical formulation
and education would be the answer. This seems to be the assumption of many
professional educators, which is not surprising given their role as teachers.
ii. Are clear and usually followed
If the standards are clear and generally followed, but disregarded by the
bad apples in the professional barrel, the solution would be a public relations
campaign to acquaint the public with the true extent of ethical conduct coupled
with vigorous enforcement of the standards against those professionals who
disregard them.
iii. Are clear, but widely disregarded
If the standards are clear but widely disregarded, this would seem to indicate either that the standards are inappropriate or that our professions are filled
with immoral or amoral people. It would then be necessary to concentrate on
37
redesigning institutional structures and working relationships so that
untrustworthy professionals have little opportunity to do damage, a formidable
design problem. Such a solution would have to constrain professional autonomy
and minimize the opportunity for innovation, as well as provide stringent and
obtrusive monitoring.
iv. Contain elements of all three possibilities.
A possible explanation for much unethical activity by professionals is
that it is caused by dysfunctional social structures or by questionable contemporary cultural values, which seem to make the standards irrelevant or
difficult to comply with, rather than by individual immorality. If so, expectations
ought to be reformulated and the way professional services are delivered
substantially altered.
The assumption was the qualified third position; that is, the standards are
generally understood and widely ignored, but this failure to comply is mainly the
result of structural problems in the way that professionals are organized and
services are delivered, as well as due to changes in the values of the larger
society in which professionals function.
There are two arguments for the assumption that the ethical problems of
professionals in the contemporary world are not primarily due to lack of knowledge. The
first is that in the informal dialogue between victims of unethical activity and the
professional actors, the accused professional seldom takes the strong position that there
is no such thing as professional ethical obligations, or the weaker position that he did not
know of the specific obligation. Instead, he gives avoidance or mitigating excuse.
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2.4.2 Unethical Conduct
Royal Institutes of Charted Surveyors has list elements of unethical conducts by
the professionals. There are:
i. Gifts, hospitality, bribes and inducements;
Accepting the direct or indirect offer, payment, solicitation, bribes or
inducements goes against the standards expected from the professional. The
giving or receiving of gifts of low value for purely advertising or marketing
purposes may be acceptable. For example Christmas cards or gifts and indeed is
common practice in some professions.
Hospitality received in the course of a business meeting and which can be
reciprocated, may also be acceptable. But anything where professional opinion or
judgment or fair dealing might be adversely affected is unlikely to be acceptable.
ii. Health and safety;
It is important to manage the health and safety matters as any other
critical business activity, setting targets for improvement and measuring,
appraising and reporting on performance. Criminal prosecutions and loss of
reputation may result.
iii. Equal opportunity, discrimination and sexual harassment;
It is the responsibility of everyone to act openly, fairly and respectfully at
all times. Harassment on the grounds of race, religion, colour, nationality,
disability, ethnic origin, sex or marital status is inconsistent with the status as a
professional. Besides that, it is also illegal.
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Professionals need to make sure that his recruitment policy and methods
of gaining new clients are of a high standard. For instance, recruiting specialist
staff from a competitor to undermine their effectiveness is considered unethical.
Or using the position in an organisation to promote the interests of his family
over others of equal or greater competency is inconsistent with the standing of
professionals.
iv. Conflicts of interest;
The requirements on conflicts of interest are set out in the Professionals
Rules of Conduct. But as a professional, need to consider whether disclosure is
enough in each particular case. Clients will sometimes appreciate immediate
notification and withdrawal from the instructions a more acceptable action.
v. Insider dealing;
Insider trading places a person with special knowledge gained through
their position at an advantage over others. The disclosure of information gained
through the work to another person, other than in the necessary course of
business, may be detrimental to the organisation. Professionals are not to take
advantage of inside knowledge. It is also illegal.
vi. Money laundering;
If professionals become unwittingly involved with a money launderer he
may commit an offence even if he is merely suspicious of his clients’ activities.
There does not have to be reasonable grounds for the suspicions. Professionals
need to put procedures in place to minimize the risk of committing a crime.
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vii. Disclosure of confidential company information;
Avoid unauthorized disclosure of confidential and sometimes pricesensitive information about professionals own firm, clients or suppliers. Trade
secrets belong to the organisation concerned and the careless, reckless or
negligent handling of intellectual property can cause considerable harm.
Prosecution may result.
viii.
Financial transactions;
All business transactions must be accurately and completely accounted
for and reported in the records of the firm. This is in line with good accounting
practice and corporate procedures.
ix. Fair competition;
Avoid all actions which are anti-competitive. Do not use market power or
information in a way which may restrict competition. Make sure that the business
practices avoid price fixing or other collusion with competitors and do not
unduly limit selection or pricing available to clients. Fines may now be imposed
for contraventions.
x. Alcohol and drug abuse;
The use of alcohol or drugs may create a safety hazard; it may also be
illegal. If professionals act under the influence of drugs or alcohol he is not in a
position to give his best services to the client, firm or employer.
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xi. Whistle blowing;
A basic ethical dilemma is that professional has the duty to report to the
appropriate authority a possible risk to others from a client or employer failing to
follow the professional’s directions. According to first principles, this duty
overrides the duty to a client and/or employer. Professional 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
professional’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 professional can only discharge the duty by making the
situation public.
As a result, whistle blowing by professional is not an unusual event, and
courts have often sided with professional in such cases, overruling duties to
employers and confidentiality considerations that otherwise would have
prevented the engineer from speaking out.
Employers need to make sure there are suitable arrangements for the
internal review of decisions, policies and actions in case a member of the
organisation raises concerns of unethical behaviour. People should be
encouraged to raise matters for review, without being penalized, even if this
results in a loss to the firm, a client or another individual, unless it is done with
malicious intent. This is now covered by legislation.
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xii. Non executive directors;
Anyone accepting an appointment as a non executive director should not
expect favours, commission, or other benefits for themselves or their immediate
family, business or shareholders in return.
xiii.
Copyright and ownership of files;
The reproduction, distribution or alteration of copyrighted materials
(computer software, books, audio and visual tapes, etc) without the permission of
the copyright owner deprives the copyright owner of their rights. This also can
cause the organisation or professional’s bodies into disrepute. Professional must
always aware of the rules for ownership of files, which is entitled to access them
and how long they should be kept. Criminal sanctions may apply.
xiv.
Standards in advertising;
It is professional’s responsibility to ensure any advertising material with
which are linked is truthful, accurate and not misleading. Comparisons drawn
with competitors and colleagues must be based on fact and avoid innuendo and
disparagement. Otherwise it is likely to devalue the profession in the eyes of the
public.
xv. Protection of the environment;
Professionals must make every effort to avoid pollution and damage to
the environment through his owns actions and the advice from employers.
Professionals are looked to for setting an example of high environmentally
sensitive standards.
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xvi.
Relations with local communities; and
Professionals work in most areas of the world and must recognize that the
local community will use their actions to judge professional’s performance and
that of other professionals. It is important that professionals treat the indigenous
population of an area fairly and honorably.
xvii. Political and social behaviour.
Professionals must act in a socially responsible manner within the
country in which he works. Professionals must differentiate between activities
carried out in a personal capacity, such as making payments to political or other
organisations, and professional activities as a professional. Professionals must
place his duty to the client or employer before his own political and other beliefs
or activities.
2.5 Resolution of Ethical Conflict
In applying the Standards of Ethical Professional Practice, professionals may
encounter problems identifying unethical behavior or resolving an ethical conflict. When
faced with ethical issues, professionals should follow the organization's established
policies on the resolution of such conflict.
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2.5.1 Handling Unethical Dilemma
Institute Of Management Accounts (2007) has proposed ways to handle the
unethical dilemma that the professional faced if using the available organisation’s
policies does not resolve the ethical conflict. They should consider the following courses
of action:
i. Discuss the issue with professional’s immediate supervisor except when it
appears that the supervisor is involved. In that case, present the issue to the next
level. If professionals cannot achieve a satisfactory resolution, submit the issue to
the next management level. If professional’s immediate superior is the chief
executive officer or equivalent, the acceptable reviewing authority may be a
group such as the audit committee, executive committee, board of directors,
board of trustees, or owners.
Contact with levels above the immediate superior should be initiated only
with professional’s superior knowledge, assuming he or she is not involved.
Communication of such problems to authorities or individuals not employed or
engaged by the organization is not considered appropriate, unless the
professionals believe there is a clear violation of the law.
ii. Clarify relevant ethical issues by initiating a confidential discussion with and the
organisation Ethics Counselor or other impartial advisor to obtain a better
understanding of possible courses of action.
iii. Consult professionals own attorney as to legal obligations and rights concerning
the ethical conflict.
45
2.5.2 BEM Guideline In Ethics
The Board of Engineers Malaysia (BEM) has, from time to time, received
enquiries and complaints from the public about the conduct of engineers in relation to
the Registration of Engineers Act. BEM has, therefore, produced the guidelines herein
that outline the conduct expected of engineers. These guidelines are set out under a
number of broad areas relating to the engineering profession.
These guidelines are by no means exhaustive and will be updated from time to
time to reflect the changing needs of the profession. All engineers are required to be
fully familiar with the Registration of Engineers Act 1967 (Act 138), and its subsequent
amendments, and the Code of Ethics. The requirements of this Act are to be upheld at all
times by the engineering profession.
I.
Registration
Under the Registration of Engineers Act 1967 (Act 138) and subsequent
amendments, the most recent being year 2002, it is a requirement of the Law that
any person providing engineering services be a qualified person and registered
with the Board of Engineers Malaysia. This requirement extends to foreigners who
are required to seek registration as Temporary Engineers. The Do’s and Don’ts
below relate to the requirement of this Act.
DO'S
An engineering graduate with accredited engineering degree must register with
the Board of Engineers to take up employment as an engineer
46
DON’TS
i. An engineer should not be the Submitting Person for designs beyond his/her area
of competency
ii. An engineer should not endorse his PE Stamp and sign on reports or plans not
prepared by him.
iii. An engineer should not enter into partnership with any party not permitted under
the Engineers Act.
iv. An Engineering Consultancy Practice should not provide professional services in
any branch of engineering where none of its directors are registered to practice
in that branch of engineering.
v. An engineer must not practice in the branch of engineering he is not registered
in.
II.
Consultancy
In the Registration of Engineers Act 1967 (Revised 2002), provision is
included for the registration of Accredited Checkers and the requirement of
Continuing Professional Development (CPD) beginning year 2005.
DO'S
i. An engineer should be transparent and receptive to peer review or checking of
his work if requested/required by the client/authorities.
ii. A checker engineer must be open to the views and design concept of the original
designer and in areas of disagreement, the checker must give justification for
his disagreement.
47
iii. A checker engineer should take full responsibility for the checking of the work
himself.
iv. An engineer should undertake continuing professional development to enhance
his knowledge and capability.
v. An employer engineer should ensure that his employee engineers are bona fide
engineers registered with BEM.
vi. An engineer should report unethical practice to BEM.
vii. An engineer who is a Submitting Person must ensure the accuracy of and be
responsible for all works delegated to others by him.
viii. An engineer should make optimum use of manpower, materials and money.
ix. An engineer should be aware of Government requirement to use local materials,
wherever possible.
DON’TS
i. A checker engineer should not accept checking of work not within his area of
competency as well as work that he is not familiar with.
ii. An engineering consultant should not carry out projects for fees below the
minimum outlined in the scale of fees.
iii. An engineer should not endorse any work not performed and/or supervised by
him.
48
iv. An engineer should not supplant another engineer.
v. An engineer should not compromise on public safety.
vi. An engineer should not offer his opinion on engineering matters unless he has
full facts to support the opinion.
vii. An engineer should not base his design on unsubstantiated data, for example
designing foundation without soil investigation.
viii. An engineer should not have any conflict of interest whatsoever in connection
with the work he is undertaking unless prior approval from BEM and client are
obtained.
ix. An engineer should not accept work outside his regular work without the
expressed permission of his employer.
III.
Supervision
The supervision of works designed by the Submitting Engineer is a
requirement under the Uniform Building By-Law 5 (UBBL 5). This By- Law
states that supervision must be provided by the Submitting Engineer to ensure
that the works carried out are as intended in the design. Delegation of
supervision is permitted but the responsibility of this supervision still rests with
the Submitting Engineer.
DO'S
i. An engineer who is the Submitting Person should be responsible for the project
regardless of whether it is self-supervised and/or delegated supervision.
49
ii. An engineer must be meticulously proper and correct in certification of works.
iii. An engineer must be familiar with and knowledgeable in the work he is to
supervise.
iv. An employer engineer shall ensure that his staff undergoes regular and proper
skills-training.
v. An engineer supervising a project shall keep proper records of all documents and
correspondence pertaining to the project.
vi. An engineer must be conversant with time and cost implications in the issuance
of any instruction.
DON’TS
i. An engineer must not over or under certify progress of works.
ii. An engineer must not make wrongful certifications.
iii. An engineer must not certify work not within his expertise.
iv. An engineer must not accept site supervisory staff that are not qualified or are
incompetent.
v. An engineer must not delay approvals without justification and must not
intentionally delay inspection of works.
50
IV.
Regulatory requirements
All engineers registered with the Board of Engineers Malaysia must be
familiar with the requirements of the Registration of Engineers Act 1967 (Act
138) and its subsequent amendments. Ignorance of the requirements of this Act is
no defense in the Courts of Law in Malaysia
DO'S
i. An engineer should notify the relevant authorities (within reasonable/statutory
time limit) on changes in designs or withdrawal of services.
ii. An engineer should submit completed forms in time for inspection and approval
for Certificate of Fitness / Certificate of Completion and Compliance.
iii. An engineer should be aware of environmental, health and safety matters
during and after construction.
iv. An engineer should ensure that environmental, health and safety measures are
implemented as per drawings and specifications.
DON’TS
i. An engineer should not allow works to proceed before plans are submitted to
and/or approved by the relevant authorities.
ii. An engineer should not undertake a project for which the client is not going to
fulfill statutory requirements.
51
V.
Code of ethics
All engineers are expected to uphold the integrity of the profession by behaving
in a manner expected of him in the Code of Conduct of Engineers.
DO'S
i. An engineer must be conversant with the Code of Conduct of Engineers.
ii. An engineer must understand the need for responsibility and liability as
stipulated in the Code of Conduct.
iii. An engineer must respond promptly to complaints and enquiries by clients or
authorities.
DON’TS
i. An engineer should not solicit or tout.
ii. An engineer should not knowingly mislead the public by giving misrepresented
information so as to gain commercial advantage/mileage.
iii. An engineer should not respond to an open advertisement to bid for provision
of professional service if such provision for the service requires bidding fees or
equivalent as is usually imposed on contractors.
iv. An engineer should avoid favoritism among vendors and other suppliers.
52
2.5.3 Nine Basic Steps to Personal Ethical Decision Making
Pressure by the Government, consumers, employers and professional’s
organisation can cause ethical dilemmas, miss conduct and unethical decision making by
the professionals (Joanna, 2004). Because of that, ability to make a correct and precise
decision is very important key element to the professionals. Ronald (2002) has
established Nine Basic Steps to Personal Ethical Decision Making:
Step 1:
Practice ethical behavior actively (initiate a personal ethical awareness training
program), including definition of personal worldview and review of core ethical values.
The ethical design professional is consistently ethical.
Step 2:
Beware of new ethics programs - very little of true value is new; all of the
necessary tools are already at your fingertips.
Step 3:
Define the ethical problem when it arises - ignoring the problem doesn't make it
go away.
Step 4:
Formulate alternatives - avoid first impulse solutions without having extensive
ethical awareness training and experience.
Step 5:
Evaluate the alternatives - Are they ethical? Am I the sole beneficiary? How
would I feel if the roles or circumstances were reversed?
53
Step 6:
Seek additional assistance, as appropriate - previous cases, peers, reliance on
personal experience, prayer.
Step 7:
Choose best ethical alternative - the one that does the most good for all the right
reasons.
Step 8:
Implement the best alternative - no initiative, no results.
Step 9:
Monitor and assess the outcome - how to improve the next time.
2.5.4 Recommended Core Ethical Values
The core ethical values were developed by Bucknam (2002) for the development
of an applied ethics in professional practice program to assist in evolving solutions to
ethical dilemmas encountered in professional practice.
i. Integrity
• exercising good judgment in professional practice
• adherence to ethical principles
ii. Honesty, including:
• truthfulness
• fairness
• sincerity
54
iii. Fidelity, including:
• faithfulness to clients
• allegiance to the public trust
• loyalty to employer, firm or agency
• loyalty to the profession
• for the theist, faithfulness to God
iv. Charity, including:
• kindness
• caring
• good will
• tolerance
• compassion/mercy
• adherence to the Golden Rule
v. Responsibility, including:
• reliability/dependability
• accountability
• trustworthiness
vi. Self-Discipline, including:
• acting with reasonable restraint
• not indulging in excessive behavior
55
2.5.5 Minimizing The Unethical Conduct
Employer or the professionals always encounter problem with the unethical
conduct. There are several suggestions that can be used to minimize these problems
(Hanson, 2003). Here are few suggestions:
i. Condemn the sin, not the sinner.
The first response of an association must be to label the unethical
behavior for what it is. Public confidence in a profession or industry demands
that the profession always be ready to draw clear lines between acceptable and
unacceptable behavior.
It is possible to make a strong and timely statement on the ethics of a
specific behavior without judging whether the particular behavior has occurred in
this case or whether a specific executive is guilty.
ii. Ask the accused to step aside.
The credibility of any association depends on the integrity of its leaders.
It should be an unwritten law of associations and professional societies that
accused individuals step aside temporarily until charges are resolved. This does
not admit guilt, but simply respects the special role of the association. An
association board or committee member can be labeled "on leave" until
culpability is determined.
iii. Pull the trigger if guilt is established.
If the guilt of an individual or member firm is established, then the
association must act to force the resignation or withdraw the membership of the
56
guilty. If an association today does not have a process for throwing out a
member, it had better create one. Cases where guilt is never proven, but the
stench of scandal is strong, present harder choices. Quiet action to force the
resignation of an association board member may be called for.
iv. Define and advocate best ethical practices, not just minimum behaviors.
Most association and industry codes of ethical conduct are least common
denominators, a list of provisions that virtually every member can agree to
because the standards are so low. Rarely is association codes designed to define
and advocate exemplary rather than minimal behaviors. If only the lower
boundary is established, those inclined to wrongdoing will always be probing
how low is low. In today's ethical climate, restoring trust will require a focus on
best practices and exemplary behavior.
v. Keep the ethics current with the changing nature of your profession or industry.
The ethical failures in the accounting, financial services, health care,
construction, and telecommunications industries can in part be attributed to the
rapidly changing structure and altered characteristics of those industries. Ethical
norms codified by the firms and their associations in the past addressed problems
of a simpler time. Only through visionary action and timely debate on new
ethical issues facing the profession or industry will public credibility and trust be
sustained.
57
2.5.6 Guidelines for Facilitating Solutions to Ethical Dilemmas
Step 1: Determine the facts in the situation
Obtain all of the unbiased facts possible
Step 2: Define the Stakeholders
Those with a vested interest in the outcome
Step 3: Assess the motivations of the Stakeholders
Using effective communication techniques and personality
assessment
Step 4: Formulate alternative solutions
Based on most complete information available, using basic ethical
core values as guide
Step 5: Evaluate proposed alternatives
Short-list ethical solutions only; may be a potential choice
between/among two or more totally ethical solutions
Step 6: Seek additional assistance, as appropriate
Engineering codes of ethics, previous cases, peers, reliance on
personal experience, prayer
Step 7: Select the best course of action
That which satisfies the highest core ethical values
Step 8: Implement the selected solution
Take action as warranted
Step 9: Monitor and assess the outcome
Note how to improve the next time
Figure 2.2: Guidelines for Facilitating Solutions to Ethical Dilemmas in
Professional Practice (Ronald, 2002)
58
2.5.7 Implementation Of Professional Ethics
The implementation of the professional ethics is the key factors to minimize the
unethical problem among the professional. The Academy of Behavioral Profiling has
established an ethical guideline for professional conduct that should be used to make
sure the professional ethics a being implemented (Daniel, 2004):
i. Maintain an attitude of professionalism and integrity.
ii. Conduct all research in a generally accepted scientific manner.
iii. Assign appropriate credit for the ideas of others that are used.
iv. Treat all information (not in the public domain) from a client or agency in a
confidential manner, unless specific permission to disseminate information is
obtained.
v. Maintain an attitude of independence and impartiality in order to ensure an
unbiased analysis and interpretation of the evidence.
vi. Strive to avoid preconceived ideas or biases regarding potential suspects or
offenders from influencing a final profile or crime analysis when appropriate.
vii. Render opinions and conclusions strictly in accordance with the evidence in the
case.
viii. Not exaggerate, embellish, or otherwise misrepresent qualifications when
testifying, or at any other time, in any form.
59
ix. Testify in an honest, straightforward manner and refuse to extend their opinion
beyond their field of competence, phrasing testimony in a manner intended to
avoid misinterpretation of their opinion.
x. Not use a profile or crime analysis (the inference of Offender or Crime Scene
Characteristics) for the purposes of suggesting the guilt or innocence of a
particular individual for a particular crime.
xi. Make efforts to inform the court of the nature and implications of pertinent
evidence if reasonably assured that this information will not be disclosed in
court.
xii. Maintain the quality and standards of the professional community by reporting
unethical conduct to the appropriate authorities or professional organizations.
2.5.8 The Principles of Ethics
The Principles of Ethics are models for standards of exemplary professional
conduct. These principles of Ethical Conduct for Prevention professionals express the
professional's recognition of responsibilities to the public, to service recipients, and to
colleagues (NAPPA, 2006). This principle guides professional in the performance of
their responsibilities and express the basic tenets of ethical and professional conduct.
These principles should not be regarded as limitations or restrictions, but as goals toward
which professionals should constantly strive. They are guided by core values and
competencies that have emerged with the development of the field.
60
Learn Well Resources (2006) has listed the principles that can be used by the
professional. There are:
i. Non-Discrimination
Prevention Professional shall not discriminate against service recipients
or colleagues based on race, religion, national origin, sex, age, sexual orientation,
economic condition, or physical, medical or mental disability. Prevention
professionals should broaden their understanding and acceptance of cultural and
individual differences, and in so doing, render services and provide information
sensitive to those differences.
ii. Competence
A Prevention Professional shall observe the profession’s technical and
ethical standards, strive continually to improve personal competence and quality
of service delivery, and discharge professional responsibility to the best of his
ability. Competence is derived from a synthesis of education and experience. It
begins with the mastery of a body of knowledge and skill competencies. The
maintenance of competence requires a commitment to learning and professional
improvement that must continue throughout the professional’s life.
• Professionals should be diligent in discharging responsibilities. Diligence
imposes the responsibility to render services carefully and promptly, to be
thorough, and to observe applicable technical and ethical standards.
• Due care requires professionals to plan and supervise adequately and
evaluate, to the extent possible, any professional activity for which they are
responsible.
61
• Prevention Professionals should recognize limitations and boundaries of
competencies and not use techniques or offer services outside of their
competencies. Professionals are responsible for assessing the adequacy of
their own competence for the responsibility to be assumed.
• Ideally, Prevention Professionals should be supervised by Certified
Prevention Professionals. When this is not available, Prevention
professionals should seek peer supervision or mentoring from other
competent Prevention Professionals.
• When Prevention Professionals have knowledge of unethical conduct or
practice on the part of an agency or prevention professional, they have an
ethical responsibility to report the conduct or practices to appropriate
funding or regulatory bodies or to the public.
• Prevention Professionals should recognize the effect of impairment on
professional performance and should be willing to seek appropriate
treatment for them.
iii. Integrity
To maintain and broaden public confidence, Prevention Professionals
should perform all responsibilities with the highest sense of integrity. Personal
gain and advantage should not subordinate service and the public trust. Integrity
can accommodate the inadvertent error and the honest difference of opinion. It
cannot accommodate deceit or subordination of principle.
• All information should be presented fairly and accurately. Each
professional should document and assign credit to all contributing sources
used in published material or public statements.
62
• Prevention Professionals should not misrepresent either directly or by
implication professional qualifications or affiliations.
• Where there is evidence of impairment in a colleague or a service recipient,
a Prevention professional should be supportive of assistance or treatment.
• A Prevention Professional should not be associated directly or indirectly
with any service, products, individuals, and organization in a way that is
misleading.
iv. Nature of Services
Practices shall do no harm to service recipients. Services provided by
Prevention professionals shall be respectful and no exploitive.
• Services should be provided in a way that preserves the protective factors
inherent in each culture and individual.
• Prevention Professionals should use formal and informal structures to
receive and incorporate input from service recipients in the development,
implementation and evaluation of prevention services.
• Where there is suspicion of abuse of children or vulnerable adults, the
Prevention Professional shall report the evidence to the appropriate agency
and follow up to ensure that appropriate action has been taken.
v. Confidentiality
Confidential information acquired during service delivery shall be
safeguarded from disclosure, including - but not limited to - verbal disclosure,
unsecured maintenance of records, or recording of an activity or presentation
63
without appropriate releases. Prevention Professionals are responsible for
knowing the confidentiality regulations relevant to their prevention specialty.
vi. Ethical Obligations for Community and Society
According to their consciences, Prevention Professionals should be
proactive on public policy and legislative issues. The public welfare and the
individual’s right to services and personal wellness should guide the efforts of
Prevention Professionals to educate the general public and policy makers.
Prevention Professionals should adopt a personal and professional stance that
promotes health.
2.6 Summary of the Chapter
This chapter has been focusing on four major topics that are important to the
study. There are about the professionals, ethics, unethical professionals and resolution of
the ethical conflict. These four topics are discussed in details from the definition, the
importance, effects to the professionals and their usage in this study. From this chapter, a
clear and specific objective, scope, methodology and analysis technique are identified.
64
CHAPTER III
RESEARCH METHODOLOGY
3.1 Introduction
Choosing the correct methodology process for searching the information on
literature review is an important aspect in the study. It helps to understand, widen and
enhance the knowledge related the subject matters discuss in the project. The correct
design of methodology used not only ensuring the project study process been carried
smoothly and effectively, it also help to obtain and achieve its objectives.
In this chapter, discussion would be focused on the study methodology and
procedures utilized. Explanation would be given on how data were collected and
analyzed in order to achieve the objectives of the study. Data collection should be able
to help or assist in the achievement of this study aim. In this study, relevant literature
information was collected and the other data collection was through questionnaire
surveys.
65
3.2 Literature Review
In order to carry out literature review, various means have used to obtain the
relevant information in the forms of books, articles, constructions journals, newspaper,
reports and others. Most of the information searched was regarding the ethical conduct
among the professionals, professional’s dilemma, ethical conducts and ways in reducing
the unethical conducts. An on going literature review was also be carried out throughout
the whole process of the study.
3.3 Method of Data Collection
Data collection is considers as the crucial stage in gathering all required
information from the fundamental in achieving main objective of the study. There are
two stages in data collection.
There are:
i. Primary data
Basically, the main or primary data were collected from literature review.
The data were collected from previous study, books, journal, newspapers and
others sources about the ethics conduct among professional in Malaysia. The
element that contributes to the unethical conducts that been obtained are listed.
66
ii. Secondary data
The primary data was a platform for the formulation of questionnaire.
Secondary data is the finalize questionnaire as the main data to be used for the
analysis for the study. Sets of questionnaire were distributes to the professionals
using mail services.
3.4 Preparation of Questionnaire
Process of preparing the questionnaire forms did take sometime. First the
questions in questionnaire survey were been prepared and referred to the supervisor for
his comments and discussion so that the respondents would give their best and accurate
answers when the forms were been returned. This was to ensure that the objectives in the
study would be achieved later. Sets of questionnaire will be distributed to the
professionals that have been selected ahead. The selections of the respondent are based
on their profession and contribution to the construction industry.
3.4.1 Design of the Questionnaire
The content of the questionnaire is very much dependent on the outcome of
literature review that has been done. If there is a strong issue raised up in the literature
review, then it warrants for the questions to be extended to the industry players.
67
The type of questionnaire adopted for the survey methodology is the structures
type and the response generated is based on agreement of the respondents on each issue
or statement presented. As foe this purpose the use of Likert scale on five (5) ordinal
measures of agreement has been adopted. This is illustrated as follows:
1
2
3
4
5
Increasing Order
Where,
1 = Strongly Disagree/Very Uncommon
2 = Disagree/Uncommon
3 = Neutral
4 = Agree/Common
5 = Very Agree/Very Common
3.4.2 Sections of the Questionnaire
The questionnaire that been distributed contain three part. The three part of
questionnaire were developed to clearly identify the elements that cause the unethical
conduct among the professionals besides trying to identify the core value that a
professionals must has to avoid the ethics issue. Besides that, this questionnaire is also
aiming to identify the best solutions for the unethical behaviour among the professionals.
There are:
i.
PART A – Element Of Unethical Conduct
This part of questionnaire is focusing on the elements of unethical
conducts among the professionals that are involved in the construction
68
industry. A total of 17 elements have been identified as an unethical
conducts, gathered from the literature review.
ii.
PART B – Characteristic And Responsibility Of Professionals
The second part of the questionnaire is focusing on the characteristics and
responsibilities that the professionals should have to avoid unethical conducts
in their practice. A total of twelve characteristics and eleven responsibilities
have been listed in the questionnaire.
iii.
PART C – Ways To Reduce The Unethical Conduct
The third part of the questionnaire is focusing on the solutions of the
ethics conducts among the professionals. A total of eight ways of solution has
been identified and listed in the questionnaire.
3.5 Data analysis
After the compilation of data, every type of data receives under different
questions will be separated and gathered to answer different objectives. In this study,
percentage analysis is used to analyze the data collected from the questionnaires.
Although it is a simple method, the analysis and the result are more specific, easy to
understand and straight forward.
69
3.5.1 Percentage Analysis
Percentage analysis is done by computing the number of respondents and its
corresponding percentage for questionnaire survey. The level of agreement is compares
against scale established as follows:
Percentage Analysis
Level of Agreement
Group A-Likert Scale 1, 2
Disagree or Uncommon
Group B-Likert Scale 3
Neutral
Group C-Likert Scale 4, 5
Agree or Common
In this analysis, the level of agreement has been group in three categories. Likert
scale 1 and 2 are group as disagreed or uncommon. Likert scale 4 and 5 are agreed or
common and Likert scale 3 are interpreted as no answer or no comment.
For Group A and C, the percentage are calculated, analyze and discussion using
the percentage group. By using this method, a clear and specific result can be collected
and a comparison between two groups can be made accordingly.
3.6 Summary of Chapter
This chapter describes in detail the flow of the study from the initial stage to the
end in achieving the objectives. The choices of the methods used is highly depends on
the study. For this study, questionnaire survey is used to gather the data of the study and
percentage analysis are used to analyze the data collected.
70
CHAPTER IV
DATA COLLECTION AND ANALYSIS
4.1 Introduction
This chapter focuses on analyzing the results gathered from the respondents
through questionnaire survey. Because of time limitation, the distributions of
questionnaire are limited to the Johor and Selangor area only.
The data collected are converted into more meaningful, useful, and informative
formats that are in the form of tables and bar charts. The data were expressed in the form
of percentage and according to the suitability of the analysis itself.
71
4.2 Data Collection
4.2.1 Distribution and Return of Questionnaire By The Professionals
Table 4.1: Distribution and Return Of Questionnaire
PROFESSIONAL SENT RETURNED % OF RETURN
Architect
30
21
70%
Engineer
30
23
76.7%
Quantity Surveyor
40
26
65%
TOTAL
100
70
70%
DISTRIBUTION OF QUESTIONNAIRE
45
40
NOS OF RESPONDENT
35
30
25
Sent
Returned
20
15
10
5
0
Architect
Engineer
Quantity Surveyor
PROFESSIONALS
Figure 4. 1: Distribution of Questionnaire
A total of 100 questionnaires were distributed to various players in the
construction industry and a total of 70 questionnaires were returned back. The
distribution of the questionnaires to several of professional and the returned
questionnaires are shown in the Table 4.1.
72
Although there are various professional that are involve in the construction
industry, due to time constraint, only three professional groups been chosen in this
study. There are engineers, quantity surveyors and architect.
As shown in Figure 4.1, the engineers have the highest percentage with 76.7%
consist of 23 engineers return back the surveys. This followed by the architects with
70% and lastly by the quantity surveyors with only 65% of returning. This highly
percentage of returning by this three groups of professionals can be used in this study
because the percentage of return is majority.
4.2.2 Part A – Elements of Unethical Conduct
Table 4. 2: Elements of Unethical Conducts
Elements
Gifts, hospitality, bribes
and inducements
Health and safety
Equal opportunity,
discrimination and
sexual harassment
Conflicts of interest
Insider dealing
Money laundering
Disclosure of
confidential company
information
Financial transactions
Fair competition
Alcohol and drug abuse
Whistle blowing
Non executive directors
Copyright and
ownership of files
2
3
4
0
0
9
20 41
0
0%
61
87.1%
0
4
17 35 14
4
5.7%
49
70%
2
31
44.3%
9
12.9%
0 8 18 34 10
15 11 21 21 2
24 13 7 26 0
8
26
37
11.4%
37.1%
52.9%
44
23
26
62.9%
32.9%
37.1%
22 17 27
10 21 30
7
5
Total
%
Total
%
Disagree Disagree Agree Agree
1
4
0
39
55.7%
4
5.7%
8
2
30
33
23
15
14
21
32
27
30 15
25 24
16 3
5 0
14 6
2
5
0
0
0
23
16
51
65
50
32.9%
22.9%
72.9%
92.9%
71.4%
17
29
3
0
6
24.3%
41.4%
4.3%
0%
8.6%
0
11 38 14
7
11
15.7%
21
30.0%
73
Continue Table 4.2: Elements of Unethical Conducts
Total
Elements
1
2
3
4
5 Disagr
ee
Standards in
0
3 33 29 5
3
advertising
Protection of the
0
0 22 17 31
0
environment
Relations with local
0
5 11 20 34
5
communities
Political and social
0
0
7 31 32
0
behavior
%
Disagr
ee
Total
Agree
%
Agree
4.3%
34
48.6%
0.0%
48
68.6%
7.1%
54
77.1%
0%
63
90%
Figure 4.2: Agreement And Disagreement On The Elements Of Unethical Conducts
According to the Table 4.2 above, Part A of the questionnaire is about the
element of unethical conduct among the professionals, a total of 17 elements that has
been identified. Total of 63 professionals agreed that political and social behavior is the
common unethical conduct that been practice by the professionals. Only 7 professionals
choose not to answer or have no comment on this matter. It shows that this element is
critically happened in the industry.
On the other hand, for whistle blowing element, none of the professionals seems
to be faced with this situation. 92.9% of the professionals agreed that the whistle
74
blowing issue is rarely and seldom to be find in their practice. This shows that although
whistle blowing are categorize as an unethical conduct, but it is uncommon practice in
Malaysian construction industry.
From the overall view, there five most common element that are common for the
professionals are gifts, hospitality, bribes and inducements, relations with local
communities, health and safety, protection of the environment and political and social
behavior. All these five elements are identify by t he professionals as a common
elements of unethical conducts and a critical solution need to be established to handle
this matter.
4.2.3 Part B - Characteristic and Responsibility Of Professional
4.2.3.1 Characteristic Needed To Be an Ethical Professional
Table 4.3: Characteristics Needed to Avoid Unethical Conducts
Total
Total
%
%
Characteristic
1 2 3 4 5
Disagree Agree Disagree Agree
Integrity
0 0 0 16 54
0
70
0%
100%
Accountability.
0 0 0 11 59
0
70
0%
100%
Trust.
0 0 0 12 58
0
70
0%
100%
Being honest
0 0 0 12 58
0
70
0%
100%
Fidelity
0 0 13 26 31
0
57
0%
81.4%
Charity
0 5 30 25 10
5
35
7.1%
50%
Responsibility
0 0 0 15 55
0
70
0%
100%
Self-discipline
0 0 0 27 43
0
70
0%
100%
Communications skills 0 0 0 8 62
0
70
0%
100%
Social skills.
0 2 0 31 37
2
68
2.9%
97.1%
Certain personality
0 0 0 22 48
0
70
0%
100%
Certain cognitive traits 0 0 5 32 33
0
65
0%
92.9%
75
Figure 4.3: Agreements and Disagreement about the Characteristics Needed To
Avoid Unethical Conducts
According to the Table 4.3 above, Part B of the questionnaire is about the
characteristic and responsibility that professionals should has to practice ethically. A
total of twelve characteristics have been listed.
As shown in Figure 4.3, there are total of six characteristic that are 100% been
agreed by the professionals as the essential characteristics needed by the professionals to
avoid the unethical conducts. There are integrity, accountability, trust, being
responsibility, self-discipline, communications skills and certain personality traits. From
the overall view, all the characteristics listed have a high level of agreement by the
professional. Only two characteristics has the lowest agreement that been marked by the
professional. There are fidelity and charity. These two characteristics have the lowest
score because the professionals who choose neutral as their response is high. The neutral
response is interpreted as no comment or no answer.
76
4.2.3.2 Responsibilities Needed To Avoid Unethical Conducts
Table 4. 4: Responsibility Needed To Avoid Unethical Conducts
Total
Total
%
%
Responsibilities
1 2 3 4 5
Disagree Agree Disagree Agree
To protect the interests and
0 0 0 35 35
0
70
0%
100%
welfare of the client
To be loyal and not to
engage in conflicts of
interests by preferring the
interests of other clients or
0 0 0 26 44
0
70
0%
100%
those of the professional
himself over that owed the
particular client
To protect confidential
information the client gives 0 0 5 10 55
0
65
0%
92.9%
to the professional
Not to appropriate or misuse
0 0 7 22 41
0
63
0%
90%
the client's property
To perform the professional
services requested by the
client competently or else
0 0 2 17 51
0
68
0%
97.1%
find other professional
specialist who can do so.
Duty to the general public
such as designing facilities
that are used by people who
0 4 5 21 40
4
61
5.7%
87.1%
rely on the engineer’s skill,
diligence and ethics for their
safety
The problem that
professionals always face is
the unnecessary services do
0 3 2 47 18
3
65
4.3%
92.9%
not arise solely in situations
where the client needs no
service at all.
77
Continue Table 4. 4: Responsibility Needed To Avoid Unethical Conducts
Total
Total
%
%
Responsibilities
1 2 3 4 5
Disagree Agree Disagree Agree
Certain cognitive traits such
as ability to see beyond
immediate project impacts,
attentiveness to engineering
0 0 5 40 25
0
65
0%
92.9%
and an impact assessment
orientation re the
environment and society in
general.
The professional as advisor
to a client who asks whether
0 0 0 49 21
0
70
0%
100%
certain services are
necessary.
The professional as provider
of the services the client
0 6 9 23 32
might need.
6
55
8.6%
78.6%
Figure 4. 4: Agreements and Disagreement about the Responsibilities Needed To
Avoid Unethical Conducts
78
According to the Table 4.4 above, Part B of the questionnaire is about the
characteristic and responsibility that professionals should have to avoid the unethical
conduct. A total of eleven responsibilities have been listed.
There are three characteristics that all professionals agreed as the important
elements for them including characteristics are to protect the interests and welfare of the
client; to be loyal and not to engage in conflicts of interests of other clients or those of
the professional himself over that owed the particular client; and the professional as
advisor to a client who asks whether certain services are necessary. All professionals are
agreed that these characteristics needed by the professionals in their practice to avoid
any unethical conducts from happened.
In the overall view, all the characteristics that been listed has a high score of
agreement by the professionals but there are three characteristics that the professionals
disagreed with. There are: duty to the general public such as designing facilities that are
used by people who rely on the engineer’s skill diligence and ethics for their safety; the
problem that professionals always face is the unnecessary services do not arise solely in
situations where the client needs no service at all; and the professional as provider of the
services the client might need. Although these three characteristics did not have a higher
score for their disagreement, it shows that from the professional’s point of view, there
are other characteristics that are more important to pay attention to.
79
4.2.4 Part C - Ways To Reduce The Unethical Conduct
Table 4.5: Ways To Reduce Unethical Conducts
Elements
%
Disagree
%
Agree
66
0.0%
94.3%
0
59
0.0%
84.3%
44 23
0
67
0.0%
95.7%
0
23 35 12
0
47
0.0%
67.1%
4
29 27 10
4
37
5.7%
52.9%
15
34
21.4% 48.6%
2
3
4
0
0
4
35 31
0
0
0
11 29 30
Code of ethics is successful
when the professional perceive
that it is create to help guide the
behavior besides reinforce a
company share value.
0
0
3
Unsuccessful code of ethics is
when the professional believe it
is designed primarily for
purposes of compliance.
0
When employees perceive that
the program was developed to
prevent, detect, and punish
violations of law and regulation, 0
or simply to improve the
company's image, the results are
far less successful.
Avoid conflict of interest such
as no favoritism, based on
personal biases, during
engineering practice.
Key factor in the success or
failure of an ethics program is
the professional’s perceptions
of management's motivation for
the establishment of the
program itself.
The government can do so by
legislating more stringent
regulations.
0 15 21 30
5
Total
Total
DisAgree
agree
1
4
80
Continue Table 4.5: Ways To Reduce Unethical Conducts
Total
%
Total
%
Elements
1 2 3 4 5 DisDisAgree
Agree
agree
agree
Handling unethical dilemma can be
done by discussing it with
professional’s immediate
0 5 2 26 37
5
63
7.1% 90.0%
supervisor, clarify relevant ethical
issues or consult with professionals
own attorney.
Increased regulation may help, but
it surely cannot solve the entire
0 0 5 29 36
0
65
0.0% 92.9%
business ethics problems.
Figure 4.5: Agreements and Disagreement about the Ways to Reduce Unethical
Conducts
Table 4.5 above show the distribution responses for the Part C – Ways reducing
unethical conduct among the professionals. There are total of eight various ways in
solving the unethical conduct.
As shown in Figure 4.5, code of ethics is successful when the professional
perceive that it is create to guide the behavior besides reinforce a company share value
has score the highest agreement by the professional. 67 from 70 professionals agreed
81
with this ways in solving the unethical problem. The other three professionals have
chosen not to answer or have no comment about this matter. It shows that majority of the
professionals agreed that this is the best solution for the ethics crisis.
On the other hand, there are three methods that have low score of agreement
from the professionals. There are when employees perceive that the program was
developed to prevent, detect, and punish violations of law and regulation, or simply to
improve the company's image, the government can do so by legislating more stringent
regulations and discussing it with professional’s immediate supervisor, clarify relevant
ethical issues or consult with professionals own attorney.
Although these three ways in solving problem seems to have a low score of
agreement, only one ways that is the government can do so by legislating more stringent
regulations has the highest score in disagreement by the professionals. Total of 15
professionals disagreed with this methods in solving the ethical problem.
4.3 Summary of the Chapter
From this chapter, the data collected from the questionnaire survey are analyzed.
The percentage analysis is used for the analysis and the bar chart diagrams are used to
represent the results. The analysis is divided according to the part of the questionnaires.
There are total of three part in the questionnaire with each part represent one objective of
the study. By doing this, each objectives of the study can be analyze in details.
Part A - Element of unethical conduct among the professionals shows that the
politics and social behavior are agreed to be most common elements by the
professionals. On the other hand, the characteristics and responsibilities needed by the
82
professionals in Part B shows that professionals choose more then one element to be
agreed of. This shows that professionals should equip themselves with the essential
elements to be an ethical professional. In Part C, the need to ensure that the code of
ethics that has been established are trust by the professionals and help to gain the value
to the organisation are the most agreed by the professionals as ways to reduce the ethics
problem.
Further discussion on the result of the analysis will be discussed in detail in the
next chapter of the study.
83
CHAPTER V
DISCUSSION OF RESULTS
5.1 Introduction
This section will discuss the results obtained from the analysis done for
questionnaires survey. To facilitate the flow of arguments, this chapter will discuss the
respective section as outline in the questionnaire survey which also coincides with the
objectives of study.
5.2 Part A – Elements of Unethical conducts
For first section of the questionnaire, the objective is to identify the element of the
unethical conduct that is commonly faced by the professionals. As been widely discuss
84
in the previous chapter, there are various of elements that are categorize as the unethical
conducts.
Political and social behavior has the highest score of agreement among the
professionals. This shows that professionals has the difficulties in differentiate between
activities carried out in personal capacity and professional’s activities as a professionals.
Although it seems quite confusing, the professionals should being able to clearly identify
those activity to ensure ethics of professionals are preserved. A guideline and references
may be needed to justify each activity done by the professional and minimizing the
confusion and automatically reducing the risk of unethical conducts.
Priority judgement by the professionals should be rank correctly and make sure that
the professionals place the duty to the client and employer higher than duty to
themselves. If the professionals able to handle this matter efficiently, ethics issue will
not be a problem anymore.
Nonetheless, the government together with the professional’s bodies should pay
more attention to the ethics issues. This is because, from this study, a total of 17
elements that been identify as a elements of unethical conducts. It shows that level of
professionalism in the current construction sector in Malaysia is declining and it keeps
on going down. A careful and complete planning has to be done to make sure all this
unethical conducts are carefully handle and solve entirely. This is to ensure the quality
of each professional that practices in Malaysia are always up to the standard both in their
qualification and professional ethics too.
Although it seems like some of the elements being listed are not really unethical
conducts such as whist blowing and fair competition, bare in mind that there are many
factors that will influence this elements to be conducted unethically. Factors such as the
environment, working culture, experience, personal problem and interest will affect the
professional in practicing ethically. Fair competition without any factor influencing it
85
can be categorized as ethical conduct but when it is being influence by negative factors
such as favoritism, it will automatically be unethical.
That is why, each professionals should be aware of all this elements and clearly
understands in the way how it happen and factor and causes it to happen. By this way,
professionals will always be prepared and ready to make a decision that will not leads to
unethical conducts.
5.3 Part B – Characteristics And Responsibilities Needed To Avoid Unethical Conducts
The second section of the questionnaire objective is to identify the characteristics
and responsibilities that an ethical professional should have in their daily practice.
Referring to the definition, professionals is the person who has the knowledge, specialist
and has the special level of quality goods and tolls. Because of that, professionals should
have certain characteristics to achieve this level. Besides hat, professionals always
interact with clients and their expectation is high toward professionals to utilize their
independent judgement and professional’s ethics in their work.
Characteristics such as integrity, accountability, trust, being responsibility, selfdiscipline, communications skills and certain personality traits are all the essential
elements for the professionals to ensure that they can work efficiently, free ethical crisis
and high satisfaction client. Having all these characteristics is important so that the
professionals can always avoid themselves from being stuck in the ethical’s problem
during solving any problem or making decision.
Max Weber once noted that professionals are defined by the power to exclude and
control admission to the profession and the development of particular vocabulary
specific to the occupation. To perform this, professional should be able to perform all
86
the responsibilities needed. In this way, besides they can perform in their work, the
professionals can also be aware of the unethical conduct elements and try to avoid them.
Being able to identify the responsibilities and characteristics needed is essential to
make sure that the professionals are occupied with the important characteristics and
responsibilities so that they are ready to face with the ethical issue ahead.
Besides that professionals have the responsibilities to the public to give and serve a
good service to them. This is because; the public expectation to the professionals is high
because of the knowledge and specialties that the professional has. Because of that,
professionals should knew what their responsibilities to the public and try their best to
avoid any contact with unethical problem.
5.4 Part C – Ways To Reduce Unethical Conducts
The last part of the questionnaire is focusing to identify the ways to reduce the
unethical conduct by the professionals. This is important in order to tackle this problem
before it is too late. With the questionnaire that has been distributed to the professional,
their point of view on how to handle the unethical conduct is very important. There is
various proposed method that are available but no one can really tell which is better than
the one who faced with the problem themselves.
It seems that the professionals majority of the professionals agreed that code of
ethics is successful when the professional perceive that it is create to help guide the
behavior besides reinforce a company share value. This is because, by using this
methods, professionals feels that the code that are established not only trying to solve the
current ethical issue that are occurred but it also try to line a clear guideline on how they
87
should do and response when such matters happened. It is just like solving the problem
from the root, not just at the surface only. Besides that, with this method, the
professionals feels that they are not been forced by the code to act as described by the
code and has the freedom and flexibility in practicing their work.
Although there are various types of solution, ways and methods on solving the
ethical issue, there main focus that the government and professionals body should pay
attention to is the aims and objective each methods are. Trying to tackle the root for each
problem such as bribe, favoritism and biasness the level of success is higher.
Solving problem in by straitening the regulation by the government and
professionals body seems not being agreed by the professionals. This is because, by
doing so the professionals always feels that what they do are always being monitored
and forced to follow the rules. They are not volunteers to do so and automatically have
no initiative in preventing any ethical issue from happen.
5.5 Main Findings of the Project
Based on the first objective, it can be concluded that although there are several
element that has been identify and listed down, only several of them are seriously occurs
in the industry. There are gifts, hospitality, bribes and inducements, relations with local
communities, health and safety, protection of the environment and political and social
behavior. This is the most five most common element of unethical conduct that are faced
by the professionals.
The second objective is to identify the characteristic and responsibility that an ethical
professional should have in their daily practice. The most essential characteristics are
88
trust, self-discipline, responsibility, integrity, communications, certain personality traits,
being honest and accountability. Nonetheless, all the characteristics that been listed have
a high percentage of agreement showing that all characteristics listed are needed by the
professionals to behave and act ethically.
Besides that five most important responsibility that professional should posses are to
protect the interests and welfare of the client, to be loyal and not to engage in conflicts
of interests by preferring the interests of other clients or those of the professional himself
over that owed the particular client, the professional as advisor to a client who asks
whether certain services are necessary, to perform the professional services requested by
the client competently or else find other professional specialist who can do so and to
protect confidential information the client gives to the professional.
Lastly, the third objective is to identity ways to reduce the unethical conduct among
the professional. Based on the analysis, code of ethics is successful when the
professional perceive that it is create to help guide the behavior besides reinforce a
company share value, avoid conflict of interest such as no favoritism, based on personal
biases, during engineering practice, increased regulation may help, but it surely cannot
solve the entire business ethics problems, handling unethical dilemma can be done by
discussing it with professional’s immediate supervisor, clarify relevant ethical issues or
consult with professionals own attorney and key factor in the success or failure of an
ethics program is the professional’s perceptions of management's motivation for the
establishment of the program itself are five most effective ways to solve the ethics
problems.
With this finding, the governments together with the professional’s bodies must
work together searching for the best approach in tackling the unethical conducts among
the professionals. All those main elements that contribute to unethical conducts have
been listed and the government should make an effort to reduce this issue effectively.
89
CHAPTER VI
CONCLUSION AND RECOMMENDATIONS
6.1 Introduction
This is the final chapter of the study which conclude the findings and to dissect
whether the indeed objectives have been achieved. Some findings as detailed in Chapter
V will be repeated as those are the reasoning put forward to the issues being raised
which is being concluded by analysis and results. All the objectives have been
successfully achieved. Besides that, this chapter also will comment on the analysis used
to arrive at the conclusion. Finally, recommendation for further study is outline to make
the research more encompassing.
90
6.2 Objective 1: To Identify The Element Of Unethical Conduct Among The
Professional.
The objectives is to list all possible elements that were categorized as unethical
conducts and rank them accordingly either these elements are common or uncommon to
be found in the construction industry. For the elements that have a higher score of
agreement among the professionals, it shows that more attention should be given to
ensure that these elements are strictly control and it will automatically minimize the
ethical problem as well.
It can be concluded that the unethical conduct among professionals has been
influenced from various elements such as bribe, favoritism and political issue. A strict
and continuous regulation must be implement by the professional bodies. Besides that, a
complete investigation and research need to be done to find the causes of ethics
problems from the root, not just at the surface only. Each professionals should be able to
identify which and how each elements been categorized as unethical and try to avoid
them as they can.
6.3 Objective 2: To Identify The Characteristics And Responsibilities That The
Professionals Should Play To Avoid Unethical Conducts.
The objective is to identify characteristics and responsibilities that professionals
should have in order to prepare themselves in avoiding unethical conducts. With all the
characteristics and responsibilities that have been listed, the professional who possess
the required characteristics and responsibilities can be categorized as ethical or vice
versa.
91
Characteristic and responsibility that professionals should have is important in order
to perform their work. With a good character and full set of responsibilities in hand,
professional will always knows what to do when facing problem and will try their best to
avoid any unethical conduct. A self building training and motivation to comprehend the
professional about the responsibility and character as an ethical professional should be
conducted from time to time.
6.4 Objective 3: To Identify Ways Of Reducing Unethical Conduct Among The
Professional.
Although there are various methods and ways to solve the unethical conducts among
the professionals, the best ways is to make sure that the professionals are not being
forced by the code and let them have the freedom to practice good ethics. Besides that,
the involvement by the professionals on the concept and ways in reducing the problems
will be essential and this will guarantee the success of the methods.
Each and every professional body should working together to solve these problems.
Although strict rules and regulation being applied, it is still useless unless the
professional has the initiative to reduce and avoid the unethical practice themselves.
92
6.5 Recommendation
As the result from this study, all the elements of unethical conducts,
characteristics and responsibilities needed to avoid the unethical conducts are
successfully been identified. Besides that, the best ways to reduce the problems also had
been identify by the professionals. With these results, the appropriate recommendation
can be made to the industry as well for the further study also.
6.5.1 Recommendation To The Industry
i)
Each professional’s bodies such as BEM, PAM and many more
should work together with the government to solve this ethics crisis.
With more parties involve seriously handling this matter; the
unethical conduct by the professionals can be reduced.
ii)
A standard of measuring the level of ethics among the professionals
should be achieved for all professionals in Malaysia. This is to make
sure that each professional are using the same method or system in
their ethics conducts and by doing this, not only the professionals but
the publics also will be aware of the ethics conducts by the
professionals.
iii)
A program to make sure the professionals are always equipped wills
the required characteristics, responsibilities, traits and behavior as
ethical professionals should be done. Motivation and training are
some examples that can be used to ensure that the professionals are
always be aware of the ethics conducts in their practices.
93
6.5.2 Recommendation for Further Study
For the further study, it is recommended that:
i)
To focus on more group of professionals that are involved in the
construction industry such as land surveyors, safety officer, contractor
and many more. By doing this, more wide range of data can be collected
and it will represent more bodies that involved in construction.
ii)
To widen the scope of study. For this study, only Johor and Selangor area
selected. More states in Malaysia should be used to make sure that the
data collected is more significant to the overall Malaysian construction
industry.
iii)
To use more methods in collected the data. For this study, only
questionnaire survey is used. To have various of method used will result
more flexible and precise data. Method such as interview, comparing data
and many more should be adopted.
94
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APPENDICES