IEM Professional Interview
Section B - Questions on
Regulations on Professional Conduct
Question No. 8:
Essay 8: Corruption and Unethical
Practice*
Engineers are always
entrusted with the responsibility of implementing large-scale projects
involving millions of dollars. In view of the large amount of money changing
hands, the integrity and ethical standards of engineers are being put to test.
What measures can an engineer take to prevent corruption and unethical practice
of cutting corners in order to safeguard the good image of the engineering
profession?
(The following write-up was prepared (written) by Mr.
BAY prior to his sitting for PI on Feb 2014. It is shared here for reference
of other candidates.)
Introduction
Though
engineers contribute to nation in general, public sometimes cast suspicious
feeling of possible unethical conduct, bribery and corruption upon engineers
and others in the construction industry when there are failure of engineering
works. For instance, public is inevitably doubt about the integrity of
engineers when the collapse of steel roof at Sultan Mizan Zainal Abidin
Stadium, cracking of pier structures of MRR2, collapse of a building at
Petaling Jaya during demolition works, delays of completion of mega projects, boosting
up of project cost and etc. These cases have resulted bad perception among the
public about the ethical behavior, competency and responsibility of engineers
and others in the industry.
It
is often, when failures of engineering works take place and boosting of project
cost is reported, public perceive possible corruption has taken place. The
investigation of trueness of the perception upon engineers or others in the
industry to be handed over to relevant parties such Board of Engineers and Ad
hoc committee set up for the objectives.
Notwithstanding
to trueness of the perception, engineers shall still take actions and behave
themselves in professional manners to safeguard the good image of the
profession. The good and responsible actions are much needed from engineers for
the sustainability, advancement of the engineering profession and good prospect
to those involved in the career. Some of the actions are:
a) Adhere to code of ethics and abide by laws, rules and
regulations
Engineers
shall be well versed with rules and regulations relevant to his practices and
registration such as Registration of Engineers Act 1967 (Act 138). Section 15
of the act stipulates that an engineer can be suspended and cancelled his
registration with the board if he is found to offer or accept illicit
commission and involved with dishonesty and fraud practices.
Rules
and regulations from both Board of Engineers Malaysia (BEM) and Institution of
Engineers Malaysia (IEM) also prohibit engineers from accepting remuneration
from others except from his employer when discharging their routine duties and
responsibility.
Therefore,
engineers shall follow the rules and regulations when discharging their
responsibility, which is also directly to maintain the dignity of the
profession and fellow engineers.
In
addition to Registration of Engineers Act, Street, Drainage and Building Act
1974 (Act 133), Uniform Building By-laws 1984, Occupational Safety and Health
Act 1994, Factories and Machinery Act 1967, if could be well studied and
remembered by engineers, also can enabling engineers discharging their duties
and liaising with all parties confidently. All these acts are not restricting
prospect and performance of engineers but instead are useful reference to
safeguard the good image of engineering profession and construction industry.
b) Executing works, duties and responsibilities according
to appropriate work procedure
Engineers
shall follow generally accepted, but not burdening work procedure, to prevent possible
occurring of unethical behavior and bribery.
For
instance, site engineers may inform head office, after reporting to project
manager, about the much needed construction material at project and also may
attend to new product presentation from salesperson. However, the quotation,
purchase order, invoice and payment method shall be followed by others and colleagues
from relevant department such as purchasing department.
For
site engineers, he shall inform and request the presence of resident engineer
or clerk of works, who are normally act on behalf of consulting engineer and
project owners when there are testing works. For instance, it is advised that presence
of third party engineer (not from contractor) to witness the preparation of
concrete cube, cube test work, piling works, early setup and reading of gauging
instrument for Maintain Load Test, etc. This
work procedure and request could prevent unethical behavior due to conflicts of
interest. In other works, people to execute the works, the person to certify the
results or quality and the party to make the payment are recommended not the
same individual.
With
the above work procedures, pay master and certifying parties of different
parties could avoid unethical and corruption.
c) Be open-minded, transparent when conducting assessment
and make decision
An
engineer shall be open-minded and transparent when discharging his
responsibility with other professional counterpart and project owners.
For
instance, if the engineer is the one that project owner rely mostly for advice
of award of contract, he shall be well versed about the tender document and
specification. Then, he subsequently makes fair evaluation including assessment
to possible counter proposal from all aspect such as specification, completion
period, capability and price to meet client’s requirement.
Such
open-minded and transparent situation could be promoted by conducting tender
interview with presence of project owner, members of the consultancy team and allow
queries and presentation by all bidders. All discipline of the consultant team
members to take care their respective technical roles.
With
open mindset, check and compare all proposal and options in transparent
situation, without stick or keen to one, the best decision can be made and
unethical behavior avoided.
d) Engineering decision made via team and committee
Engineering
works often involve millions of ringgits. Hence, it is promoted decision made
by a group of members of all relevant discipline and stakeholders via situation
at sub-subject c). Being at transparent
situation, conflict of interest could not easily be hidden and unethical
behavior can be prevented.
e) Do not abuse authority (power) for own interest and
report conflict of interest
Abuse
of authority could be prevented with practice as per earlier sub-subject c)
especially for conventional contract.
In
addition, engineer should report in writing about conflict of interest to
client. It is even more appropriate if he reject appointment as consulting
engineer for the same project if he have substantial stake of the contracting
or supplier firm and keen to bid for the contract. By choosing whether to work
as consulting engineer and contractor only, we could avoid conflict of
interests and unethical behavior.
f) Conduct routine inspection and spot check
The
professional engineer, though with his appointed representative at site, shall also
conduct spot check or inspection to site. If possible, the inspection shall be periodical.
He shall read and check the site dairy and record too. Spot check and periodical
inspection to site may enable engineer to provide early reminder so that work
quality can achieved and unethical conduct could be prevented at site.
g) Work Audit (Check and balance)
An
engineer shall be aware and open that his works can be reviewed and audited if
requested by project owners. Internally, there shall be a superior or employer
supervising his works. Hence, he shall not accept bribery or be involved in
unethical behavior in any manner.
h) Practice zero tolerance to corruption
Engineer
shall report immediately of unethical behavior and corruption to Board of
Engineers, Malaysia, Institution of Engineers Malaysia and Association of
Consulting Engineers for unethical behavior. For bribery and corruption, the
case shall be report to Anti-corruption agency.
i) Continuing Professional Development
All
engineers shall strike for excellence for their works. In order to strike for
excellence, engineers shall always continue study and follow the latest development
of technology relevant to their field of works and others. With continuing self-improvement,
engineers could become more competent when discharging their duties. When an
engineer or any person became more competent, he does not rely to not morale and
not ethical actions.
We
could become more competent by joining the Institution of Engineers Malaysia,
where we could take part in seminars, talks, discussions. We could meet other
fellow engineers, exchange view, share our work experience and ideas. By
becoming more competent, we do not need unethical practice of corruption.
Conclusion
Engineers
play significant role in developing the nation. Almost all mega projects that
are needed to put our nation into developed conditions need engineers.
Therefore, engineers shall have ethical behavior which is much anticipated to
contribute to healthy and competent work culture while contributing to the
physical and hardware aspect.