APRIL 2020 CHAPTER 2 PROFESSIONALISM AND CODE OF ETHICS Prepared by Ir. Dr. Salina Binti Budin Edited by Bulan Abdullah (April 2020) 1 PROFESSIONALISM AND CODES OF ETHICS ENGINEERING SOCIETIES (MALAYSIA AND INTERNATIONAL) REGISTRATION OF ENGINEERS WITH BOARD OF ENGINEERS (BEM) ROUTE TO BE PROFESSIONAL ENGINEER GUIDELINE FOR CODE OF PROFESSIONAL CONDUCT SHARING EXPERIENCE - INVITED SPEAKERS 2 OUTLINE • Professionalism And Codes Of Ethics • Registration Of Engineers With Board Of Engineers (BEM) • Route To Be Professional Engineer • Registration Of Engineers Act 1967 (Revised 2015) [Rea 2015] • Registration Of Engineers Regulations 1990 (Revised 2015) [Reg 2015) • Introduction To Code Of Ethics For Young Engineers • Guideline For Code Of Professional Conduct 3 LEARNING OUTCOME At the end of this chapter, students must be able to; 1. Familiar with Registration of Engineers Act 1967 and Registration of Engineers Regulation 1990 2. Understand the requirement and procedure on Graduate Engineer, Professional Engineer and Professional Engineer with Practicing Certificate 3. Practice the code of ethics. 4. Apply code of conduct in their profession 4 BEM • BEM (BOARD OF ENGINEERS MALAYSIA) CORPORATE VIDEO HTTPS://YOUTU.BE/XKVD9URJE6Y • ROUTE TO PROFESSIONAL ENGINEER - IR DR. TAN YEAN CHIN (FOR MALAYSIA PRODUCTIVITY COUNCIL MPC) HTTPS://YOUTU.BE/G3K5T0U3A5C • HOW TO BECOME A PROFESSIONAL ENGINEER • HTTPS://YOUTU.BE/GAOR0EZN9GQ • KAFE AHAD - ‘ADA JURUTERA GUNA GELARAN IR WALAPUN TAK LAYAK‘ • HTTPS://YOUTU.BE/STVGH5AFBOE 5 • CHINA WUHAN HUASHENSHAN HOSPITAL COMPLETED IN 7 DAYS- TIMELAPSE OF CONSTRUCTION BEST IBS TECHNOLOGY • HTTPS://YOUTU.BE/V3LVUYO1WSG • TIMELAPSE FOOTAGE CAPTURES WUHAN HOSPITAL CONSTRUCTION — VIDEO • HTTPS://YOUTU.BE/AUYIXKVBMTW 6 REGISTRATION OF ENGINEERS ACT, 1967 WHAT IS THE PURPOSE? 7 REGISTRATION OF ENGINEERS ACT, 1967 • REGISTRATION OF ENGINEERS ACT (REA), 1967 (ACT138) WAS PASSED BY THE PARLIAMENT IN 1967. • REGISTRATION OF ENGINEERS REGULATIONS, 1990 CAME INTO FORCE ON 1STJULY, 1987. 8 WHAT IS THE PURPOSE OF ENGINEERING ACT? 9 10 BEM REGISTERS ALL:1. PROFESSIONAL ENGINEERS, 2. GRADUATE ENGINEERS, AND 3. FOREIGN (TEMPORARY) ENGINEERS. 11 DEFINITION Professional engineers Graduate engineers Foreign/temporary engineers Section 7(1)(a), REA No person shall, unless he is a registered Professional Engineer, practise, carry on business or take up employment which requires him to carry out or perform professional engineering services Section 7(2), REA Notwithstanding subsection (1), a registered Graduate Engineer may, subject to Sections 7A and 8, take up employment which requires him to carry out or perform professional engineering services Amendments in 1987 (Act A662) introduced the “temporary registration as a Professional Engineer of any foreign engineer” and making the Act explicit in the restriction on employment of unregistered person as an Engineer: “No person shall employ as an Engineer any person who is not registered under this Act”. 12 AMENDMENTS 2015 SUMMARY 13 AMENDMENTS 2015 14 REGISTRATION OF ENGINEERING TECHNOLOGIST REGISTRATION AS INSPECTOR OF WORKS 10C(1) A person wo holds any qualification which is recognized by the Board shall be entitled on application to be registered a an Engineering Technologist 10E A person who holds any qualification which is recognized by the Board shall be entitled on application to be registered as Inspector of works A person who is registered as an Enginnering Technologist under subsection (1) shall be entitled on application to be registered as a Graduate Engineer upon fulfilling the requirements under subsection 10(1) 15 REGISTRATION AS PROFESSIONAL ENGINEERS 16 17 ROUTE TO PROFESSIONAL ENGINEER Undergraduate registration Graduate Engineer Professiona l Interview + written examination Professional Engineer Competency examination Professional Engineer with Practising Certificate 18 GRADUATE ENGINEER 19 GRADUATE ENGINEER • It is mandatory for university graduate to register as graduate engineer if he/she wants to take up employment as a graduate engineer. may, subject to section 8, take up employment which requires him to perform professional engineering services. • This is in accordance with section 7(2)(a) which specified that “a graduate engineer who is registered with the board 20 REQUIREMENT FOR GRADUATE ENGINEER REGISTRATION 1. An engineering degree accredited/recognized • Section 10(1) defines the qualification for by engineering accreditation council (EAC). The registration as a graduate engineer with BEM. latest list of accredited engineering programme A person who holds any qualifications in (malaysia) is available in EAC website at engineering which is recognized by the board http://www.eac.org.my/list_accredited.html shall be entitled on application to be 2. Engineering degree awarded by other registered as a graduate engineer. countries • The recognized academic qualification for 1. The recognition of engineering degree from registration as a graduate engineer with bem overseas (outside malaysia) will be based on the includes the following: accreditation given by professional body who is 1. Engineering Degree Awarded By Malaysia: a signatory of washington accord (WA). 21 WASHINGTON ACCORD SIGNATORY • AUSTRALIA - REPRESENTED BY ENGINEERS AUSTRALIA (1989) • CANADA - REPRESENTED BY ENGINEERS CANADA (1989) • • CHINESE TAIPEI - REPRESENTED BY INSTITUTE OF ENGINEERING EDUCATION TAIWAN (2007) • • • HONG KONG CHINA - REPRESENTED BY THE HONG KONG INSTITUTION OF ENGINEERS (1995) • • IRELAND - REPRESENTED BY ENGINEERS IRELAND (1989) • JAPAN - REPRESENTED BY JAPAN ACCREDITATION BOARD FOR ENGINEERING EDUCATION (2005) • • • KOREA - REPRESENTED BY ACCREDITATION BOARD FOR ENGINEERING EDUCATION OF KOREA (2007) MALAYSIA - REPRESENTED BY BOARD OF ENGINEERS MALAYSIA (2009) • • NEW ZEALAND - REPRESENTED BY INSTITUTION OF PROFESSIONAL ENGINEERS NZ (1989) SINGAPORE - REPRESENTED BY INSTITUTION OF ENGINEERS SINGAPORE (2006) • GERMANY - REPRESENTED BY GERMAN ACCREDITATION AGENCY FOR STUDY PROGRAMS IN ENGINEERING AND INFORMATICS • INDIA - REPRESENTED BY NATIONAL BOARD OF ACCREDITATION OF ALL INDIA COUNCIL FOR TECHNICAL EDUCATION • PAKISTAN - REPRESENTED BY PAKISTAN ENGINEERING COUNCIL • RUSSIA - REPRESENTED BY RUSSIAN ASSOCIATION FOR ENGINEERING EDUCATION SOUTH AFRICA - REPRESENTED BY ENGINEERING COUNCIL OF SOUTH AFRICA (1999) TURKEY - REPRESENTED BY MUDEK (2011) UNITED KINGDOM - REPRESENTED BY ENGINEERING COUNCIL UK (1989) UNITED STATES - REPRESENTED BY ACCREDITATION BOARD • FOR ENGINEERING AND TECHNOLOGY (1989) SRI LANKA - REPRESENTED BY INSTITUTION OF ENGINEERS SRI LANKA BANGLADESH - REPRESENTED BY BOARD OF ACCREDITATION FOR ENGINEERING AND TECHNICAL EDUCATION 22 REQUIREMENT FOR GRADUATE ENGINEER REGISTRATION BEM provides pathway for unrecognized subjects taken in the beng (hons). engineering degree. Holders of unrecognised 2. Top-up course (subjects) top-up a few lacking engineering degrees may select one of the followingsubjects in the university where applicant is options: graduated from or in any university offering 1. Master programme (taught course) (meng) Complete a master’s programme (course work) in the related engineering discipline. Subjects to be taken in the master programme must enhance the recognized degree by the engineering accreditation council Malaysia 23 PROCEDURE FOR REGISTRATION AS GRADUATE ENGINEER 24 http://www.bem.org.my/ 25 REGISTRATION OF ENGINEERS ACT, 1967 26 REGISTRATION OF ENGINEERS ACT, 1967 • REGISTRATION OF ENGINEERS ACT (REA), 1967 (ACT138) WAS PASSED BY THE PARLIAMENT IN 1967. • REGISTRATION OF ENGINEERS REGULATIONS, 2015 CAME INTO FORCE ON 1STJULY, 1987. 27 HOW TO REGISTER ON LINE- GRADUATE ENGINEER 28 HOW TO REGISTER ON LINE- GRADUATE ENGINEER 29 PROFESSIONAL ENGINEER 30 REGISTRATION AS PROFESSIONAL ENGINEERSONLINE 31 ROUTE TO BE PROFESSIONAL ENGINEERS 32 PROFESSIONAL ENGINEER • A Professional Engineer Is A Person Registered Under Section 10(2) Of The Registration Of Engineers Act 1967 (Revised 2015). • Bearing Any Other Word Whatsoever In Any Language Which May Reasonably Be Construed To Imply That He Is A Professional Engineer; Or • A Professional Engineer Who Is Registered With The Board May: • Using The Abbreviation “Ir.” Before His Name Or The Abbreviation “P.Eng.” After His Name Or In Any Way In Association With His Name; • Take Up Employment Which Requires Him To Carry Out Or Perform Professional Engineering Services; • Use Or Display Any Sign, Board, Card Or Other Device Representing Or Implying That He Is A Professional Engineer; • Be Entitled To Describe Himself Or Hold Himself Out Under Any Name, Style Or Title – • Use The Stamp As May Be Determined By The Board. • Bearing The Words "Professional Engineer" Or The Equivalent Thereto In Any Other Language; 33 REQUIREMENTS FOR PROFESSIONAL ENGINEER • Applicant who applies for registration as a professional engineer must be a registered graduate engineer with BEM. to become a professional engineer. Route 1 and 2 shall be done from the date of approval as graduate engineer with BEM. • The applicant must select and satisfy one of the following route 34 ALTERNATIVE ROUTE FOR A PROFESSIONAL ENGINEER FROM AN OVERSEAS REGULATORY BODY • A professional engineer from an • The applicants are required to overseas regulatory body must first fulfil 3 years registration as register as a graduate engineer to graduate engineer before being ensure that his/her basic degree eligible to apply for professional satisfies the academic requirements engineer via route 3 (section of the board. 10(2)(d) of the registration of engineers act 1967 (revised 2015). 35 ROUTE NO. 1 (PROFESSIONAL ASSESSMENT EXAMINATION) • Has obtained 3 years practical experience as specified in regulation 22(1) which shall include the following: 1. 2. At least two years of general training that will provide a sound basis for professional development; and At least one year of professional career development and training providing wide exposure to the various managerial and technical expertise in engineering practice where; 3. At least one year of the above training must be obtained in malaysia under the supervision of a professional engineer in the same branch of engineering as that practised by the graduate engineer. • Professional engineers in other related branches of engineering may be accepted with the prior approval of the board • Has passed a professional assessment examination conducted by the board; 36 ROUTE NO. 1 Graduate Engineer Min 3 years experiences Application for PAE Application for PE Report Preparation Interview & written test 37 ROUTE NO. 1 (PROFESSIONAL ASSESSMENT EXAMINATION) • A Registered Graduate Engineer Is Only Eligible (Examination Fee) And RM100.00 (Processing Fee). To Be A Candidate For PAE After He Has Fulfilled • On Approval Of The Application, BEM Shall The Requirements Of Regulation 22 Of The Appoint A Principal Examiner Who In Turn Shall Registration Of Engineers Regulations 1990 Appoint A Second Examiner. The Examiners Shall (Amendment 2015) On Practical Experience. Be Either Of The Same Or Approved Allied • The Application To Appear For PAE May Be Discipline As That Of The Candidate. Submitted At Any Time. • Application Form PAE Is To Be Submitted Together With The Prescribed Fee Of Rm500.00 38 ROUTE NO. 1 (PROFESSIONAL ASSESSMENT EXAMINATION) • The candidate whose application is approved will be • informed of the name and address of the principal examiner within three months of the date of receipt • of his application. • The principal examiner shall write to the candidate advising the date by which the documents required for the examination are to be sent to him and the place, time and date of the examination. All documents required by the principal examiner shall be sent to him by post. The documents shall be accompanied by a completed BEM/FORM/PAE/02 (FORM I). • PAE will consist of professional interview, followed by essay writing. 39 ROUTE NO. 1 (PROFESSIONAL ASSESSMENT EXAMINATION) The Examiners Shall Test The Candidate During The Interview On The Following Aspects: • • Understanding Of The Application Of Engineering Principles To The Solution Of Problems Arising From The Investigation, Planning, Design, Construction, • Operation Or Maintenance Of Engineering Works; Or On The Subject Of His Research; And The • Ability To Communicate. • The Candidate Is Required To Write Two Essays, • One Each From Section A And Section B. Section A Is For An Essay Related To The Candidate's Training And Experience As Stated In His Report. Essay For Section B Will Be On The Code Of Professional Conduct. 1½ Hours Will Be Allowed For Each Written Paper. Detail : www.bem.org.my 40 ROUTE NO. 2 (CORPORATE MEMBER OF IEM) • A corporate member of the institution of engineers malaysia (IEM) • Has complied with the requirements as determined by the board as follows: • Has obtained 3 years practical experience as specified in regulation 22(1) which shall include the following: 1. At least two years of general training that will provide a sound basis for professional development; and 2. At least one year of professional career development and training providing wide exposure to the various managerial and technical expertise in engineering practice where; 3. At least one year of the above training must be obtained in malaysia under the supervision of a professional engineer in the same branch of engineering as that practised by the graduate engineer. • Professional engineers in other related branches of engineering may be accepted with the prior approval of the board 41 ROUTE NO. 2 Graduate Engineer IEM Graduate Engineer Min 3 years experiences Log Book scheme (min 3 years) Application for MIEM member Report Preparation Interview & written test MIEM member Application for PE 42 ROUTE NO. 2 • SUBMIT THE FOLLOWING FORMS IN DUPLICATE: - IEM PI A100 (PROFESSIONAL INTERVIEW APPLICATION FORM) - IEM PI A300 (MIEM APPLICATION FORM) - IEM PI A401 (TRAINING & EXPERIENCE-PORTFOLIO OF EVIDENCE) - TECHNICAL REPORT • SUBMIT SUPPORTING DOCUMENTS: - BEM REGISTRATION LETTER/CERTIFICATE AS A GRADUATE ENGINEER • NAME WILL BE CIRCULATED IN IEM BULLETIN FOR A MONTH UPON APPROVAL OF APPLICATION - DEGREE CERTIFICATES AND ACADEMIC TRANSCRIPTS • PROCESSING FEE: AND (CERTIFICATES FROM OVERSEAS UNIVERSITIES ISSUED IN FOREIGN LANGUAGES MUST BE ACCOMPANIED BY TRANSLATION FROM UNIVERSITY REGISTRAR/EMBASSY OFFICIALS) RM100.00 MEMBER: PI FEE FOR GRADUATE RM200.00 MEMBER: PI FEE FOR NON-GRADUATE RM300.00 43 http://www.myiem.org.my/ 44 45 46 ROUTE NO. 3 (ROUTE FOR A PROFESSIONAL ENGINEER FROM AN OVERSEAS REGULATORY BODY) • The APPLICANT NEED NOT SIT AND PASS THE Professional Assessment Examination OR BE CORPORATE MEMBER OF IEM. Registration There Exist Any Facts Or Circumstances Which Would Have Entitled The Disciplinary Committee To Cancel His Registration Pursuant To Section 15 Of The Registration Of Engineers Act 1967 (Revised 2015). • Applicant Shall Submit To BEM A Certified Latest Professional Engineer Certificate Issued By A Regulatory• Summary Of Practical Experience Not Less Than 3 Body Of Other Country. Years Using Company Letterhead Certified By A PE In Same Branch Of Engineering At Which The Applicant • The Professional Engineers Status Shall Be Check That It Did His Practical Experience And; Is Equivalent To BEM’s Professional Engineer Qualifications Eligibility. • HAS COMPLIED WITH THE REQUIREMENTS AS DETERMINED BY THE Board. • The Applicant Is Not Entitle To Be Registered As A Professional Engineer If At Any Time Prior To His 47 APPLICATION FOR PE (BEM) • GRADUATE ENGINEER (MALAYSIAN) : • APPLICATION CAN BE MADE THROUGH MYBEM ONLINE REGISTRATION SYSTEM OR MANUALLY USING FORM A4 & SUPPORTING DOCUMENT & PAYMENT (RM350.00) • GRADUATE ENGINEER (NON-MALAYSIAN) : APPLICATION SHALL BE MADE MANUALLY USING FORM A4 & SUPPORTING DOCUMENT & PAYMENT (RM350.00) GRADUATE ENGINEER (WITH PROFESSIONAL ENGINEER STATUS FROM AN OVERSEAS REGULATORY BODY : APPLICATION SHALL BE MADE MANUALLY USING FORM A4 & SUPPORTING DOCUMENT & PAYMENT (RM350.00) 48 CPD - CONTINUING PROFESSIONAL DEVELOPMENT • CONTINUING PROFESSIONAL DEVELOPMENT • CPD001 – continuing professional development policy for professional engineers. Download • The board of engineers malaysia (BEM) implemented the policy on continuing professional development • (CPD) to further enhance professionalism among • engineers in 2006. The policy is aimed to further improve and broaden the knowledge and skill of • engineers in performing their duties in line with current practice and regulations. IEM was appointed as the certified body to implement the PDP and CPD programmes according to BEM’s policy and • guidelines in february 2006. • In executing the pdp and cpd programmes, iem would be guided by the following policy and guideline documents issued by bem: • CPD002 – leaflet download CPD005 – circular to all professional engineers download For members’ further information and to serve as a guide, IEM had published a few articles in the bulletin. I) CPD for engineers. Download ii) how to obtain the 50 required CPD hours. Download 49 https://www.myiem.org.my/content/cpd-250.aspx CPD - CONTINUING PROFESSIONAL DEVELOPMENT 1.0 INTRODUCTION · Face changes in career direction, Engineering provides an ever changing spectrum challenge and opportunity. It is extremely vital that all engineers be committed to their own continuing professional development (CPD) so that they could face these challenges and at the same time take advantage of opportunities that may arise. · Be more productive, Broadly speaking cpd includes ant activities that extends and/or updates the knowledge, skill or judgement and enables to:· Understand and apply advances in arts and sciences of engineering, · Better serve the public 2.0 DEFINITION Continuing professional development is defined as systematic maintenance, improvement and broadening of knowledge and skill and development of personal qualities for execution of professional and technical duties throughout the engineers’ working life. 50 https://www.myiem.org.my/content/cpd-250.aspx OBJECTIVE OF CPD • 3.0 Objective • The objective of CPD for professional engineer is the maintenance of technical knowledge and skill (i.e. Competency) to do a job. At the same time to require all engineers to stay abreast of new engineering development in their field and changes in codes and regulations. •The activity to qualify as CPD must be related to the career as a professional engineer. •For many engineers CPD will include management, finance, law, economics, foreign languages and others in which the professional engineer carry out his business. Functions that are routinely performed as part of the employment are not normally claimable – for instance university lecturers/consultants cannot claim under “presentation and papers” the lectures/reports they present as part of their employment. 51 https://www.myiem.org.my/content/cpd-250.aspx TYPES OF CPD ACTIVITIES 5.0 TYPES OF CPD ACTIVITIES E) Service Activities The CPD programme for professional engineers will comprise six major groups of activities: F) Industry Involvement (For Academicians) A) Formal Education And Training Activities B) Informal Learning Activities C) Conference And Meeting D) Presentation And Papers If a professional engineer believes that he is undertaking other types of CPD That comply with the general definition in section 2.0; he should make a Submission for that to be recognized. 52 PROFESSIONAL ENGINEEER WITH PRACTISING CERTIFICATE (PEPC) 53 54 PROFESSIONAL ENGINEER WITH PRACTISING CERTIFICATE • A PROFESSIONAL ENGINEER WITH PRACTISING CERTIFICATE IS A PERSON REGISTERED UNDER SUBSECTION 10D OF THE REGISTRATION OF ENGINEERS ACT (REVISED 2015). • A PROFESSIONAL ENGINEER WITH PRACTISING CERTIFICATE WHO IS REGISTERED WITH THE BOARD MAY: • PRACTISE, CARRY ON BUSINESS OR TAKE UP EMPLOYMENT WHICH REQUIRES HIM TO CARRY OUT OR PERFORM PROFESSIONAL ENGINEERING SERVICES FOR DESIGNATED ENGINEERING WORKS SUBJECT TO SECTION 8; • BEARING ANY OTHER WORD WHATSOEVER IN ANY LANGUAGE WHICH MAY REASONABLY BE CONSTRUED TO IMPLY THAT HE IS A PROFESSIONAL ENGINEER WITH PRACTISING CERTIFICATE; OR • USING THE ABBREVIATION “IR.” BEFORE HIS NAME OR THE ABBREVIATION “P.ENG.” AFTER HIS NAME OR IN ANY WAY IN ASSOCIATION WITH HIS NAME; • USE OR DISPLAY ANY SIGN, BOARD, CARD OR OTHER DEVICE REPRESENTING OR IMPLYING THAT HE IS A PROFESSIONAL ENGINEER; • BE ENTITLED TO RECOVER IN ANY COURT ANY FEE, CHARGE, REMUNERATION OR OTHER FORM OF CONSIDERATION FOR ANY • BE ENTITLED TO DESCRIBE HIMSELF OR HOLD HIMSELF OUT UNDER PROFESSIONAL ENGINEERING SERVICES RENDERED SUBJECT TO ANY NAME, STYLE OR TITLE SECTION 8. • BEARING THE WORDS "PROFESSIONAL ENGINEER WITH PRACTISING CERTIFICATE" OR THE EQUIVALENT THERETO IN ANY OTHER LANGUAGE; • USE THE STAMP AS MAY BE DETERMINED BY THE BOARD. 55 REQUIREMENTS FOR PEPC • APPLICANT SHALL BE ENTITLED ON BY THE BOARD; APPLICATION TO BE REGISTERED AS A • HAS BEEN RESIDING IN MALAYSIA FOR A PROFESSIONAL ENGINEER WITH PRACTISING PERIOD OF NOT LESS THAN SIX MONTHS CERTIFICATE IF HE/SHE: IMMEDIATELY PRIOR TO THE DATE OF • IS A REGISTERED PROFESSIONAL ENGINEER APPLICATION. WITH THE BOARD; • APPLICATION SHALL BE MADE MANUALLY • HAS PASSED A PROFESSIONAL USING FORM A5 COMPETENCY EXAMINATION CONDUCTED 56 PROFESSIONAL COMPETENCY EXAMINATION • THE EXAMINATION IS AN OPEN BOOK EXAMINATION • IN THE EVENT OF FAILURE IN PART B IN THE AND SHALL BE IN TWO PARTS: PART A AND PART B. A FOLLOWING THREE YEARS, THE APPLICANT HAS TO CANDIDATE MUST PASS BOTH PART A AND B IN RE‐SIT THE WHOLE EXAMINATION AGAIN. THIS ORDER TO PASS THE WHOLE EXAMINATION. A RULING WILL BE SIMILARLY APPLIED TO THE CASE CANDIDATE AT HIS/HER FIRST SITTING MUST SIT FOR WHEN AN APPLICANT HAS PASSED PART B BUT FAILED BOTH PART A AND B TOGETHER. PART A. • SUBSEQUENTLY, A CANDIDATE WHO HAS FAILED PART B BUT PASSED PART A IS ALLOWED TO SIT FOR PART B ONLY BUT WITHIN THE FOLLOWING THREE YEARS. 57 PROFESSIONAL COMPETENCY EXAMINATION 58 PROFESSIONAL COMPETENCY EXAMINATION 59 PROFESSIONAL COMPETENCY EXAMINATION 60 CODE OF ETHICS FOR ENGINEERS 61 CODE OF ETHICS FOR ENGINEERS • 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: • 1) REGISTRATION • 2) CONSULTANCY • 3) SUPERVISION • 4) REGULATORY REQUIREMENTS • 5) CODE OF ETHICS 62 Code of Ethics for Engineers • 1) 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. 63 Code of Ethics for Engineers • DO'S- REGISTRATION • 1.1 AN ENGINEERING GRADUATE WITH ACCREDITED ENGINEERING DEGREE MUST REGISTER WITH THE BOARD OF ENGINEERS TO TAKE UP EMPLOYMENT • AS AN ENGINEER • DON’TS- - REGISTRATION • 1.1 AN ENGINEER SHOULD NOT BE THE SUBMITTING PERSON FOR DESIGNS BEYOND HIS/HER AREA OF COMPETENCY PREPARED BY HIM.(SEE ALSO CONSULTANCY 2.3 OF DON’T ) • 1.3 AN ENGINEER SHOULD NOT ENTER INTO PARTNERSHIP WITH ANY PARTY NOT PERMITTED UNDER THE ENGINEERS ACT. • 1.4 AN ENGINEERING CONSULTANCY PRACTICE SHOULD NOT PROVIDE PROFESSIONAL SERVICES IN ANY BRANCH OF ENGINEERING WHERE NONE OF ITS DIRECTORS ARE REGISTERED TO PRACTISE IN THAT BRANCH OF ENGINEERING. • 1.5 AN ENGINEER MUST NOT PRACTISE IN THE BRANCH OF ENGINEERING HE IS NOT • 1.2 AN ENGINEER SHOULD NOT ENDORSE HIS PE REGISTERED IN STAMP AND SIGN ON REPORTS OR PLANS NOT 64 Code of Ethics for Engineers 2) CONSULTANCY • 2.4 AN ENGINEER SHOULD UNDERTAKE CONTINUING PROFESSIONAL DEVELOPMENT TO ENHANCE HIS KNOWLEDGE AND CAPABILITY. • IN THE REGISTRATION OF ENGINEERS ACT 1967 (REVISED 2002), PROVISION IS INCLUDED FOR THE REGISTRATION OF • 2.5 AN EMPLOYER ENGINEER SHOULD ENSURE THAT HIS ACCREDITED CHECKERS AND THE REQUIREMENT OF EMPLOYEE ENGINEERS ARE BONA FIDE ENGINEERS CONTINUING PROFESSIONAL DEVELOPMENT (CPD) REGISTERED WITH BEM. BEGINNING YEAR 2005. • 2.6 AN ENGINEER SHOULD REPORT UNETHICAL PRACTICE TO DO'S- CONSULTANCY BEM. • 2.1 AN ENGINEER SHOULD BE TRANSPARENT AND RECEPTIVE • 2.7 AN ENGINEER WHO IS A SUBMITTING PERSON MUST TO PEER REVIEW OR CHECKING OF HIS WORK IF ENSURE THE ACCURACY OF AND BE RESPONSIBLE FOR ALL REQUESTED/REQUIRED BY THE CLIENT/AUTHORITIES. WORKS DELEGATED TO OTHERS BY HIM. • 2.2 A CHECKER ENGINEER MUST BE OPEN TO THE VIEWS • 2.8 AN ENGINEER SHOULD MAKE OPTIMUM USE OF AND DESIGN CONCEPT OF THE ORIGINAL DESIGNER AND IN MANPOWER, MATERIALS AND MONEY. AREAS OF DISAGREEMENT, THE CHECKER MUST GIVE • 2.9 AN ENGINEER SHOULD BE AWARE OF GOVERNMENT JUSTIFICATION FOR HIS DISAGREEMENT. REQUIREMENT TO USE LOCAL MATERIALS, WHEREVER • 2.3 A CHECKER ENGINEER SHOULD TAKE FULL POSSIBLE. RESPONSIBILITY FOR THE CHECKING OF THE WORK HIMSELF. 65 Code of Ethics for Engineers • DON’TS-CONSULTANCY • 2.6 AN ENGINEER SHOULD NOT OFFER HIS OPINION ON ENGINEERING MATTERS UNLESS HE HAS FULL FACTS TO SUPPORT THE OPINION. • 2.1 A CHECKER ENGINEER SHOULD NOT ACCEPT CHECKING OF WORK NOT WITHIN HIS AREA OF COMPETENCY AS WELL AS WORK • 2.7 AN ENGINEER SHOULD NOT BASE HIS THAT HE IS NOT FAMILIAR WITH. DESIGN ON UNSUBSTANTIATED DATA, FOR EXAMPLE DESIGNING FOUNDATION WITHOUT • 2.2 AN ENGINEERING CONSULTANT SHOULD SOIL INVESTIGATION. NOT CARRY OUT PROJECTS FOR FEES BELOW THE MINIMUM OUTLINED IN THE SCALE OF FEES. • 2.8 AN ENGINEER SHOULD NOT HAVE ANY CONFLICT OF INTEREST WHATSOEVER IN • 2.3 AN ENGINEER SHOULD NOT ENDORSE ANY CONNECTION WITH THE WORK HE IS WORK NOT PERFORMED AND/OR SUPERVISED UNDERTAKING UNLESS PRIOR APPROVAL FROM BY HIM. BEM AND CLIENT ARE OBTAINED. • 2.4 AN ENGINEER SHOULD NOT SUPPLANT • 2.9 AN ENGINEER SHOULD NOT ACCEPT WORK ANOTHER ENGINEER. OUTSIDE HIS REGULAR WORK WITHOUT THE • 2.5 AN ENGINEER SHOULD NOT COMPROMISE EXPRESSED PERMISSION OF HIS EMPLOYER. ON PUBLIC SAFETY. 66 Code of Ethics for Engineers 3) 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-SUPERVISION 3.1 AN ENGINEER WHO IS THE SUBMITTING PERSON SHOULD BE RESPONSIBLE FOR THE PROJECT REGARDLESS OF WHETHER IT IS SELFSUPERVISED AND/OR DELEGATED SUPERVISION. 3.2 AN ENGINEER MUST BE METICULOUSLY PROPER AND CORRECT IN CERTIFICATION OF WORKS. 3.3 AN ENGINEER MUST BE FAMILIAR WITH AND KNOWLEDGEABLE IN THE WORK HE IS TO SUPERVISE. 3.5 AN ENGINEER SUPERVISING A PROJECT SHALL KEEP PROPER RECORDS OF ALL DOCUMENTS AND CORRESPONDENCE PERTAINING TO THE PROJECT. 3.6 AN ENGINEER MUST BE CONVERSANT WITH TIME AND COST IMPLICATIONS IN THE ISSUANCE OF ANY INSTRUCTION. 3.1 AN ENGINEER MUST NOT OVER OR UNDER CERTIFY PROGRESS OF WORKS. 3.2 AN ENGINEER MUST NOT MAKE WRONGFUL CERTIFICATIONS.\ DON’TS- SUPERVISION 3.3 AN ENGINEER MUST NOT CERTIFY WORK NOT WITHIN HIS EXPERTISE. 3.4 AN ENGINEER MUST NOT ACCEPT SITE SUPERVISORY STAFF WHO ARE NOT QUALIFIED OR ARE INCOMPETENT. 3.5 AN ENGINEER MUST NOT DELAY APPROVALS WITHOUT JUSTIFICATION. 3.6 AN ENGINEER MUST NOT INTENTIONALLY DELAY INSPECTION OF 3.4 AN EMPLOYER ENGINEER SHALL ENSURE THAT HIS STAFF UNDERGOES WORKS. REGULAR AND PROPER SKILLS-TRAINING. 67 Code of Ethics for Engineers • 4.3 AN ENGINEER SHOULD BE AWARE OF ENVIRONMENTAL, HEALTH AND SAFETY MATTERS • ALL ENGINEERS REGISTERED WITH THE BOARD OF DURING AND AFTER CONSTRUCTION. ENGINEERS MALAYSIA MUST BE FAMILIAR WITH THE • 4.4 AN ENGINEER SHOULD ENSURE THAT REQUIREMENTS OF THE REGISTRATION OF ENVIRONMENTAL, HEALTH AND SAFETY MEASURES ENGINEERS ACT 1967 (ACT 138) AND ITS ARE IMPLEMENTED AS PER DRAWINGS AND SUBSEQUENT AMENDMENTS. IGNORANCE OF THE REQUIREMENTS OF THIS ACT IS NO DEFENSE IN THE SPECIFICATIONS. COURTS OF LAW IN MALAYSIA. • DON’TS- REGULATORY REQUIREMENTS 4) REGULATORY REQUIREMENTS • DO'S- REGULATORY REQUIREMENTS • 4.1 AN ENGINEER SHOULD NOT ALLOW WORKS TO PROCEED BEFORE PLANS ARE SUBMITTED TO • 4.1 AN ENGINEER SHOULD NOTIFY THE RELEVANT AND/OR APPROVED BY THE RELEVANT AUTHORITIES (WITHIN REASONABLE/STATUTORY AUTHORITIES. TIME LIMIT) ON CHANGES IN DESIGNS OR WITHDRAWAL OF SERVICES. • 4.2 AN ENGINEER SHOULD NOT UNDERTAKE A • 4.2 AN ENGINEER SHOULD SUBMIT COMPLETED FORMS IN TIME FOR INSPECTION AND APPROVAL FOR CERTIFICATE OF FITNESS / CERTIFICATE OF COMPLETION AND COMPLIANCE. PROJECT FOR WHICH THE CLIENT IS NOT GOING TO FULFILL STATUTORY REQUIREMENTS 68 Code of Ethics for Engineers • 5) CODE OF ETHICS • ALL ENGINEERS ARE EXPECTED TO UPHOLD THE INTEGRITY • DON’TS OF THE PROFESSION BY BEHAVING IN A MANNER EXPECTED • 5.1 AN ENGINEER SHOULD NOT SOLICIT/ TOUT. OF HIM IN THE CODE OF CONDUCT OF ENGINEERS. • 5.2 AN ENGINEER SHOULD NOT KNOWINGLY MISLEAD THE • DO'S PUBLIC BY GIVING MISREPRESENTED INFORMATION SO AS TO GAIN COMMERCIAL ADVANTAGE/MILEAGE. • 5.1 AN ENGINEER MUST BE CONVERSANT WITH THE CODE OF CONDUCT OF ENGINEERS. • 5.3 AN ENGINEER SHOULD NOT RESPOND TO AN OPEN ADVERTISEMENT TO BID FOR PROVISION OF PROFESSIONAL • 5.2 AN ENGINEER MUST UNDERSTAND THE NEED FOR SERVICE IF SUCH PROVISION FOR THE SERVICE REQUIRES RESPONSIBILITY AND LIABILITY AS STIPULATED IN THE CODE BIDDING FEES OR EQUIVALENT AS IS USUALLY IMPOSED ON OF CONDUCT. CONTRACTORS. • 5.3 AN ENGINEER MUST RESPOND PROMPTLY TO • 5.4 AN ENGINEER SHOULD AVOID FAVORITISM AMONG COMPLAINTS AND ENQUIRIES BY CLIENTS /AUTHORITIES. VENDORS AND OTHER SUPPLIERS. 69 CODE OF PROFESSIONAL CONDUCT 70 71 CODE OF PROFESSIONAL CONDUCT A registered Engineer shall at all times hold paramount the safety, health and welfare of the public. 72 73 CODE OF PROFESSIONAL CONDUCT A registered Engineer shall undertake assignments only if he is qualified by education and experience in the specific technical fields in which he is involved. 74 CODE OF PROFESSIONAL CONDUCT A registered Engineer shall issue public statements only in an objective and truthful manner. 75 CODE OF PROFESSIONAL CONDUCT A registered Engineer shall act for each employer or clients as faithful agent or trustee. 76 CODE OF PROFESSIONAL CONDUCT 77 CODE OF PROFESSIONAL CONDUCT A registered Engineer shall conduct himself honorably, responsibly, ethically and lawfully so as to enhance the honour, reputation and usefulness of the profession 78 CODE OF PROFESSIONAL CONDUCT 79 CODE OF PROFESSIONAL CONDUCT 80 CODE OF PROFESSIONAL CONDUCT 81 CODE OF PROFESSIONAL CONDUCT 82 WHAT’S THE DIFFERENCE BETWEEN A CODE OF ETHICS AND CONDUCT? https://www.whistleblowersecurity.com/code-ofethics-and-code-of-conduct-whats-the-difference/ https://smallbusiness.chron.com/differencebetween-code-ethics-conduct-2724.html 83 WHAT’S THE DIFFERENCE BETWEEN A CODE OF ETHICS AND CONDUCT? The terms “Code of Ethics” and “Code of Conduct” are often mistakenly used interchangeably. They are, in fact, two unique documents. Codes of ethics, which govern decision-making, and codes of conduct, which govern actions, represent two common ways that companies self-regulate. They are often associated with large companies, and provide direction to employees and establish a public image of good behavior, both of which benefits businesses of any size. Working Together: Bigger organizations sometimes have both Codes in separate formats, or they are sometimes combined into one general Ethics document that blends principles for the right action with a list of actions that are required or forbidden. 84 https://www.whistleblowersecurity.com/code-of-ethics-andcode-of-conduct-whats-the-difference/ Code of Ethics: Code of Conduct: Code of Ethics: Sometimes referred to as a Value Statement, it behaves like the Constitution with general principles to guide behaviour; outlining a set of principles that affect decision-making. For example if an organization is committed to protecting the environment and “being green”, the Code of Ethics will state that there is an expectation for any employee faced with a problem, to choose the most “green” solution. It works on the bases of “treat others as you would like to be treated.” When faced with ethical dilemmas or debatable situations, what’s articulated in the Code of Ethics can help guide decision making. Code of Conduct: Provides the meat and potatoes to the Code of Ethics. A Code of Conduct applies the Code of Ethics to a host of relevant situations. A particular rule in the Code of Ethics might state that all employees will obey the law, a Code of Conduct might list several specific laws relevant to different areas of organizational operations, or industry, that employees need to obey. The Code of Conduct outlines specific behaviours that are required or prohibited as a condition of ongoing employment. It might forbid sexual harassment, racial intimidation or viewing inappropriate or unauthorized content on company computers. Codes, along with other measures, have helped some companies dig themselves out of scandals, and have helped many companies build a healthier work climate and reputation. 85 https://www.whistleblowersecurity.com/code-of-ethics-andcode-of-conduct-whats-the-difference/ Similarities: Differences: Similarities: Both a Code of Ethics and a Code of Conduct are similar as they are used in an attempt to encourage specific forms of behaviour by employees. Ethics guidelines attempt to provide guidance about values and choices to influence decision making. Conduct regulations assert that some specific actions are appropriate, others inappropriate. In both cases, the organization’s desire is to obtain a narrow range of acceptable behaviors from employees. Differences: With similarities, comes differences. Both are used in an attempt to regulate behavior in very different ways. Ethical standards generally are wide-ranging and non-specific, designed to provide a set of values or decision-making approaches that enable employees to make independent judgments about the most appropriate course of action. Conduct standards generally require little judgment; you obey or incur a penalty, and the code provides a fairly clear set of expectations about which actions are required, acceptable or prohibited. 86 https://www.whistleblowersecurity.com/code-of-ethics-andcode-of-conduct-whats-the-difference/ End of Chapter 87