CASE 2
This case is about a medical researcher named Joaquin that was requested by his boss to
trim data regarding the new medical device that his department currently developing in order
to cover up the disappointing preliminary result and to request additional funding from the
investors. Joaquin is uncomfortable with the request and argues with his boss that scientific
advisory board (SAB) should see all their analyses because it could tell them about the
disease stage or test performance. However, his boss is reluctant to cooperate with Joaquin
arguments. Therefore, in this report we will analyze and evaluate on the violations that
Joaquin’s company had made based on Board of Engineers Malaysia (BEM) code of
ethics/conduct.
From the scenario above, we can see that there are several violations had been done by
Joaquin’s company. The first violation that had been done is that his boss requested for
trimming the data and reporting results. The second violation is that his boss is willing to sign
and endorse the report that was altered. These two actions show clear abusement of Board
of Engineers Malaysia (BEM) code of ethics/conduct. Based on Board of Engineers Malaysia
(BEM) code of conduct under regulation 1.1.2, it stated that a registered Professional Engineer
with Practicing Certificate shall check with due diligence the accuracy of facts and data before
he signs or endorses any statement or claim. He shall not sign on such documents unless,
where necessary, he has made qualifications on errors and inaccuracies. Also, under
regulation 1.1.7, it stated that a registered Professional Engineer with Practicing Certificate
shall be objective and truthful in making professional reports, statements, and testimonies. He
shall include all relevant and pertinent information in such reports, statements, or testimonies,
which should bear the date indicating when the information was current. Violations of laws that
had been published by Board of Engineers Malaysia (BEM) could lead the company into a
bad situation where the company could be held legally responsible. They may be penalized,
and their license might be revoked by the govern bodies.
There are several ways that a victim such as Joaquin can do to solve this problem. The first
one is Joaquin can resign or withdraw from the company. By resigning or withdraw from the
company, Joaquin will not be taken any punishment if the company was caught due to violation
of the law. However, he may be called to attend the court as a witness against the company
he worked for. Another option is to file a complaint against his company to the related
responsible bodies that have the authority on the related matter such as the Board Of
Engineering Malaysia (BEM). To make a complain at Board Of Engineering Malaysia (BEM),
first you are required to fill in the complaint form provided. Then, attach any relevant evidence
to support your complaint before signing the form and posting it to Board Of Engineering
Malaysia (BEM) office. Lastly, Joaquin can become an anonymous whistleblower. By
becoming anonymous whistleblower, Joaquin able voice out the wrongdoing of the company
that he is working without the knowledge of the company. There are also whistleblowing
protection program that helps in protecting the whistleblower from retaliation for reporting
violations of the code of conduct.