Engineers in Society ENGINEERS IN SOCIETY Semester Sept2013 ETHICS IN ENGINEERING Dr Mohd Noh Karsiti Dr Ir Perumal Nallagowden Dr. Suhaimi Hassan, C.Eng

Engineers in SocietyENGINEERS IN SOCIETYSemester Sept2013

ETHICS IN ENGINEERING

Dr Mohd Noh KarsitiDr Ir Perumal NallagowdenDr. Suhaimi Hassan, C.Eng

[email protected]

Engineers in SocietyReview on Last Session

Icons from: http://www.ceco.net/autocad-people-blocks/people1-autocad-blocks.html

Lim

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ity

in e

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Non-Graduate Graduate Engineer Professional Engineer

Approved Degree & Registration with BEM

Certification as a P. Eng

Learning Outcomes : Last Session

Understand the characteristics of engineers as a professionUnderstand the process of turning professionalDescribe and internalize the Engineers’ Act 1967

Engineers in Society

PROFESSION: GENERAL CHARACTERISTICS

Engineer as a Profession

Profession

Requires sophisticated

and specialized skills

Judgment /

discretion.

Work is not routine

(cannot be automated)

Extensive

and regulated

formal education

NOT simply

practical training

or apprenticeship

So, is engineeringa profession?

Special societies

or organizations

Contributes

significantly

to public benefit



THE INSTITUTION OF ENGINEERS MALAYSIA

The main function of the IEM is to encourage, support and promote the theory and practice of various engineering disciplines. Towards this end, it has organized various

conferences both local and international, conducted numerous seminars, talks and forums.

Registration of Engineers Act, 1967Registration of Engineers Act, 1967


http://www.bem.org.my/v3/pdf/ACT2007.pdf

Registration of Engineers Act 1967

Engineers in SocietyRegistration of Engineers Act 1967

Engineers in Society Registration of Engineers Act, 1967Registration of Engineers Act, 1967

Any person who wants to take up employment as an engineer must

be registered as a Graduate Engineer with Board of Engineers (BEM).

BEM recognizes the experience gained by an engineering graduate

only after he has registered as a Graduate Engineer. As such, it is

prudent for an engineering graduate to register as a Graduate

Engineer at the very beginning of his engineering career.

Engineers in Society Route to P.Eng

Please always refer to IEM/BEM on accurate and up-to-date information on registration as P.Eng

IEM Corporate Member

IEM Professional Interview

Competency Examination

Application for Registration as a

Professional Engineer

Professional Engineer

GraduationRegistration with BEM as a

Graduate Engineer

Practical ExperienceMinimum of 3 Years

Professional Assessment Examination (PAE)

Pass

Pass

Approved


At the end of this section, students should be able to:

Lesson Outcomes

Understand the code of ethics for young engineers

Learn case studies on engineering ethics

Understand the implications of unethical issues related to engineering


Program Educational Objectives (PEO)

To produce technically qualified __ Engineers with the potential to become leaders of __ Engineering Industries

To produce Engineers who are committed to sustainable development of __ Engineering industries for the betterment of society and nation.


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Assurance of Public Safety

• The public is an important entity because they are

• Taxpayer whose money used to fund government projects

• Customers who buy the product of engineers

• Citizen whose rights are protected against any act of negligence of engineers

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• The public interest can be presented in terms of safety, health and welfare arising from engineering work

• Safety in engineering is related to accidents or disasters

• Health problem resulted from engineering non-compliance to Act that protect the public - noise disturbance at construction site, cement dust discharge etc.

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• Welfare-related issues normally those affecting the livelihood of the public - non-provision for disabled, eye-sore structure etc.

• Responsible engineers would always put public safety first though costly but justified in comparing paying compensation and loss of goodwill in the event of accident

• Engineers have paramount responsibilities and liabilities in ensuring safety, health and welfare of the public

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Engineers in SocietyWhat is Engineering Ethics?

The study of moral issues and decisions confronting individuals and organizations engaged in engineering activities.

Issue of ethics arise because of the specialist knowledge of the professional, and how the use of this knowledge should be governed when providing a service to the public

Engineers in SocietyWhat is Engineering Ethics?

Engineer possess specialist knowledge and training Client places trust in the engineer that the Service provided will be to the client’s best interest

Engineer must not use the specialist knowledge and training to exploit the client


The REA was amended in 1972, 1973 1974, 1987, 2002, and 2007 for the betterment of local engineering practice.

Regulation of Engineers in Malaysia

Registration of Engineers Act

1967(Act 138)

Engineers in SocietyCode of Ethics for Young Engineers

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.


1. REGISTRATION

2. CONSULTANCY

3. SUPERVISION

4. REGULATORY REQUIREMENTS

5. CODE OF ETHICS

Code of Ethics for Young Engineers


1. REGISTRATION

DOAn engineering graduate with accredited engineering degree must register with the BEM to take up employment as an engineer

DON’TAn engineer should not be the Submitting Person for designs beyond his/her area of competency

An engineer should not endorse his PE Stamp and sign on reports or plans not prepared by him

An engineer must not practise in the branch of engineering he is not registered in



2. CONSULTANCY

DOAn engineer should be transparent his work if requested/required by the client/authorities.

An engineer should take full responsibility for the checking of the work himself.

An engineer should undertake continuing professional development to enhance his knowledge and capability.



2. CONSULTANCY

DON’TAn engineer should not accept work not within his area of competency as well as work that he is not familiar with.

An engineering consultant should not carry out projects for fees below the minimum outlined in the scale of fees.

An engineer should not endorse any work not performed and/or supervised by him.



3. SUPERVISION

DOAn engineer who is the Submitting Person should be responsible for the project regardless of whether it is self-supervised and/or delegated supervision.

An engineer must be familiar with and knowledgeable in the work he is to supervise.

An engineer supervising a project shall keep proper records of all documents and correspondence pertaining to the project.



3. SUPERVISION

DON’TAn engineer must not over or under certify progress of works.

An engineer must not certify work not within his expertise.

An engineer must not accept site supervisory staff who are not qualified or are incompetent.




DOAn engineer should notify the relevant authorities changes in designs or withdrawal of services.

An engineer should submit completed forms in time for inspection and approval for Certificate of Fitness / Certificate of Completion and Compliance.

An engineer should ensure that environmental, health and safety measures are implemented as per drawings andspecifications.




DON’TAn engineer should not allow works to proceed before plans are submitted to and/or approved by the relevant authorities.

An engineer should not undertake a project for which the client is not going to fulfill statutory requirements.



5. CODE OF ETHICS

DOAn engineer must be familiar with the Code of Conduct of Engineers.

An engineer must understand the need for responsibility and liability as stipulated in the Code of Conduct.

An engineer must respond promptly to complaints and enquiries by clients /authorities.



5. CODE OF ETHICS

DON’TAn engineer should not knowingly mislead the public by giving misrepresented information so as to gain commercialadvantage/mileage.

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.

An engineer should avoid favoritism among vendors and other suppliers.


Engineers in SocietyHow Moral Problems Arise in Engineering?

Project Realization

Sales &Service

Conception

Design

Manufacturing/Fabrication

Testing

conflict

conflict

conflict

conflict

conflict

Start

Engineers in Society Terminologies

Design & Build

Client

Consultants

Contractors

P.Eng

Consultant/Contractor

Client

P.Eng

Client – Consultant – Contractor(common)

Owner

Designer

Constructor

ConstructorDesigner

Owner

Engineers in Society Ethical issue



Engineers in SocietyCase Study 1 – Highland Tower

Engineers in SocietyCollapse of Highland Towers Apartment

BACKGROUND

The Highland Towers Condominium is located in the district of Hulu Kelang, Selangor.

The Highland Towers consisted of three blocks 12 storey high apartments named simply Block 1, 2 and 3 respectively. Directly behind the 3 blocks was a steep hill with a stream flowing west, which would have passed to the south of the Highland Towers site if it was allowed to follow its natural course.

It was constructed between 1975 and 1978. Block 1 was completed and occupied in 1979.

On Saturday, the 11th December 1993, at about 1.30p.m., after 10 days of continuous rainfall, Block 1 collapsed 14 years after completion and killed 48 people.


Highland Towers tragedy a misadventure: Court Malay Mail 04/11/1997

THE Coroner's Court in Kuala Lumpur yesterday returned a verdict of misadventure following an inquest into the Highland Towers condominium tragedy which claimed 48 lives on December 11 1993. Coroner Mohamed Radzi Abas said that the Highland Towers collapse was not a natural disaster.


MAIN CAUSE

In the course of the Highland Towers development, the stream was diverted by means of a pipe culvert to flow northwards across the hill slope directly behind Highland Towers.

After due consideration, the High Court decided that Block 1 had collapsed due to a landslide caused primarily by water which emanated from the damaged pipe culvert, and the inadequate and unattended drains on the 5th Defendant’s land.



Landslide was caused by water, says engineer NST 26/08/1998

KUALA LUMPUR, Tues. - A consultant geotechnical engineer told the High Court today that the landslide in December 1993 behind Highland Towers was caused by water. Dr Alan Weeks said the amount of water did not have to be excessive for the landslide to occur.

Engineers in SocietyThe Highland Tower Story

Defendants Remarks

1st Developer Properties Sdn Bhd

2nd Draftsman Engaged by the developer as the architect for the project

3rd Engineer Engaged by the developer as the engineer for the project

4th Majlis Perbandaran Ampang Jaya MPAJ was the local authority for approvals related to the project

5th Arab-Malaysia Finance Bhd Owner of 50 lots of bungalow land directly at the rear of site.

6th Tropic The company that carried out clearing works on the 5th defendant’s land in 1992

7th Owner of Metrolux land The higher land adjacent to the 5th defendant’s land

8th Project manager for the 7th Defendant Was in charge of the development of the Metrolux land

9th Selangor State Government

10th Director of Lands and Mines, Selangor

Refer to Section 4.11 of the text book for further reading.

Engineers in SocietyThe Highland Tower Story

Liable Defendants Liability Percentage

1st Developer 15

2nd Draftsman 10

3rd Engineer 10

4th Majlis Perbandaran Ampang Jaya 15

5th Arab-Malaysia Finance Bhd 30

6th Tropic -

7th Owner of Metrolux land 10

8th Project manager for the 7th Defendant 10

9th Selangor State Government -

10th Director of Lands and Mines, Selangor -

Refer to Section 4.11 of the text book for further reading.


Engineer of Highland Towers to face charges NST 05/05/1998

KUALA LUMPUR, Mon. - More than four years after the Highland Towers tragedy that killed 48 people on Dec 11, 1993, the Board of Engineers Malaysia has brought charges against the consultant engineer of the condominium project. A top BEM official said today a tentative date had been set for hearing where engineer Wong Yuen Kean would be judged by his peers on matters relating to ethics and professionalism.


Highland Towers draughtsman `not qualified' NST 14/10/1997

KUALA LUMPUR, Mon. - The Coroner's Court here was told today that the draughtsman for the Highland Towers condominium which collapsed on Dec 11, 1993, was not qualified to draw plans for a 12-storey high building. Henry Lee Inn Seong, 49, the immediate past president of the Malaysian Institute of Architects, said the draughtsman, Wong Tin Sang, was not qualified to draw plans for buildings over 300 sq m or 3,000 sq ft in area, that is buildings above two storeys.


The 2nd Defendant was an Architectural Draftsman. He drew and submitted the layout plans for and on behalf of the 1st Defendant.

The 2nd Defendant knew that he was not a fully qualified and registered architect. When the layout plan was approved subject to conditions, the 2nd Defendant prepared and submitted the building plans.

The 2nd Defendant, whilst submitting the layout plans and building plans, had held himself out as a registered architect. The local authority, by some error on their part in not checking the 2nd Defendant’s credentials had in fact permitted him to submit such plans.


The 3rd Defendant was a qualified civil engineer. The 2nd Defendant appointed the 3rd Defendant, who was hisbrother, to be the consulting engineer for Highland Towers.

Initially, the 3rd Defendant’s scope of works was restrictedto the structural aspect of the three blocks. But subsequently, the 3rd Defendant was engaged by the 1st Defendant to submit proposals over the drainage of the area.

His drainage plan was approved. He was also retained by the 1st Defendant to design and supervise the construction of two retaining walls on the Highland Towers site.


A building draftsman is only permitted under theArchitect’s Act 1967 to design buildings of no more thantwo storeys in height and limited floor space. In this case, each block of Highland Towers consisted of 12 storeys with a built area far exceeding that allowed for a building draftsman to undertake.


I drew plans for Highland Towers NST 13/03/1999

KUALA LUMPUR, Fri. - A retired draughtsman told the High Court today he drew the layout plans for Highland Towers based on a copy of a layout plan which had been approved for a previous developer on the site. Wong Tin Sang, 63, said the layout plan which contained basic information like configurations, measurements, lots and contours, was given to him by the developer of Highland Towers, Highland Properties Sdn Bhd.


I was not responsible for drainage systemNST 16/03/1999

KUALA LUMPUR, Mon. - A retired draughtsman told the High Court today that he was not responsible for the drainage system at the hillslope of the Highland Towers condominium and had advised the developer on the matter. Wong Tin Sang, 63, said the Highland Towers project required a structural engineer and he did insist that the developer, Highland Towers Properties Sdn Bhd, engage one for the hillslope.

Engineers in Society Summary

The decisions of the High Court and the Court of Appeal confirmed that architects and engineers have a duty to secure the safety, health and welfare of the public in the performance of their professional services. The courts emphasised that every architect and engineer owe a duty to third parties to ensure that they are sufficiently qualified to undertake the assignments for which they accept professional responsibility. The architects and engineers must also know when to seek a competent specialist in areas outside their expertise.

Engineers in Society Lesson Learned

Architects and engineers owe a professional obligation to the public and their profession to conduct themselves and practice their profession in accord with ethical standards.

Local authorities are also required to act reasonably and in accordance with the law.

Both the professionals depend on the personal confidence of the client in their technical competence; and the confidence of the public at large in the integrity and ethical conduct of the professions as a whole.

Clients and the public place trust and confidence in the competence and skills of the professional architects and engineers.

Engineers in SocietyCase Study 2 – Terengganu Stadium

Engineers in SocietyCollapse the roof of Terengganu Stadium

On June 2, 2009, a major part of the roof construction collapsed under normal weather conditions, including the section above the royal box. It was only a year after officially opened. The major cause for the collapse of the roof was identified to be the failure of design and the materials used.

One of the structural repair job on the roof was scheduled on the day of the collapse itself, along with some electrical repair works being carried out on other part of the stadium. As of June 2010, the cleaning work and relocation of the collapsed roof were not finished.[5]

Engineers in SocietyCollapse the roof of Terengganu Stadium

DESIGNThe Architect’s conceptual design was accepted and used by the main-contractor’s in-house Korean sub-contractor to design-and-build the space frame structure. At no point during the design process did the Contractor say the design was unbuildable. The design therefore did not contribute to the collapse.

CONSTRUCTIONIt was determined that PWD Terengganu was both Superintending Officer (SO) and Project Manager for the Stadium Project. Sufficient evidence was adduced that the consultants were not required to carry out day to day supervision. They were only required to advise the SO/PWD when required. The Architect’s request to have his representative appointed on site was rejected initially. Instructions and queries, if any, had to go through the SO/PWD. It appears that the Architect did not have authority to supervise, or even give instructions during the construction of the roof.

1.11.2

Engineers in Society Collapse of Terengganu Stadium

Engineer charged over Terengganu stadium collapseThe Star, 31/1/2011

A consultant engineer was charged at the Session Courts here Monday over the roof collapse incident at Terengganu Stadium on June 2, 2009.

Based on the charge sheet, the consultant engineer was alleged to have acted like an approved examiner in issuing a document dated Jan 15, 2009 on the main roof truss system and its related works for the proposal to construct the stadium.

An investigation committee established by PWD determined that the main cause of the collapse to be a faulty design with failure to take into account the support condition of the roof structure.

The charge under Section 419 of the Penal Code carries a maximum jail term of seven years or fine, or both, upon conviction.

Engineers in Society Collapse of Terengganu Stadium

Engineer charged over Terengganu stadium collapseThe Star, 31/1/2011

A consultant engineer was charged at the Session Courts here Monday over the roof collapse incident at Terengganu Stadium on June 2, 2009.

Based on the charge sheet, the consultant engineer was alleged to have acted like an approved examiner in issuing a document dated Jan 15, 2009 on the main roof truss system and its related works for the proposal to construct the stadium.

An investigation committee established by PWD determined that the main cause of the collapse to be a faulty design with failure to take into account the support condition of the roof structure.

The charge under Section 419 of the Penal Code carries a maximum jail term of seven years or fine, or both, upon conviction.

Documents

Engineers in Society ENGINEERS IN SOCIETY Semester Sept2013 ETHICS IN ENGINEERING Dr Mohd Noh Karsiti Dr Ir Perumal Nallagowden Dr. Suhaimi Hassan, C.Eng