IEM PI Section B-Question 8

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.