QUESTION referred to illustrate opposing concepts to manage the

QUESTION 1

 

Question: Is it ethical or unethical for the engineer to refuse
to provide the certification that would enable the owner to secure the
occupancy permit, on the grounds that he has not been paid for his service?

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Based on National Society of Professional Engineers
(NSPE)1, there are two sections of Code that need to be referred
to illustrate opposing concepts to manage the result for this cases.

The first code used in this case is Code 12
whereby it will be contravened if the engineer’s professional relations are not
guided by the highest standards of integrity. The Code 1 implies where the
engineer’s contractual relationship is with the architect and the owner is not
the client of the engineer.

The next code used in this case is Code 93
whereby it will be contravened if the engineer does not pay appropriate and
adequate compensation for the engineering work. The Code 9 implies the one who
contributes the professional services are eligible, to be honest and equitable
compensation for those services.

 

In this case, the engineer’s denial to acquire the
certificate has become one of the ideas for the owner to give pressure to the
architect to make payment. Thus, leading the payment to the engineer.
Nonetheless, we believe that the engineer’s behavior is not reasonable and not
compatible. This should be solved through discussion, negotiation and
deliberation like in orderly fashion way despite that the owner has a
legitimate claim against the architect for certain glitch. As a matter of fact,
the owner kept on giving pressure to the architect, hence indirectly to the
engineer by denying payment which is unpaid.

Disregarding of the engineer at fault for not
receiving full payment from the owner, we do not accord in this case to
question the right of the architect to pay the engineer. Therefore, this should
be solved according to the code of ethics appropriate to the architects and
especially to the agreement of the contract between the engineer and the
architect.

In conclusion, it is unethical for the engineer to
refuse to provide the certification that would enable the owner to secure the
occupancy permit, on the grounds that he has not been paid for his service.

QUESTION 2

 

A building contractor engages a Professional engineer
to design an prepare drawing for the formwork and scaffolding for a reinforced
concrete building to meet the requirements of construction safety legislation.
The engineer does this and affixes his ideal and signature to the original
tracings, which he turns over to the contractor. Is this expectable
professional practice? Later the engineer is asked to inspect the scaffolding
as built and finds that his design has been ignored and the contractor’s
superintendent has built the way he thought it should be built.

Question: What should the engineer do? Discuss this
situation, with particular emphasis on the engineer’s professional
responsibility and the safety of the workers

 

Engineers
today faces many problem regarding the construction work on site and
architectural work. Design of architectural drawings sometimes does not follow
the safety criteria on site. Other than the safety design on structural
drawing, professional practices engineers also have to design the formwork and
scaffolding which is for safety to the construction workers. This is also one
of the important parts in construction work which is under the particular
responsibility emphasis of professional practices engineer. Without the
supervision of the practices engineers, it can be penalty by not following the
contact of procedure.

After
the professional practices engineer is giving out the safety design of
scaffolding and formwork and lend it to the contractor for applied it on site,
the engineer should make sure all the requirement and needed on safety is
followed by the contractor. For making it happen engineer should be at site on
the day that the tools and equipment is installed on the site. By doing the
supervision on that, contractor would not be cheating on the safety precaution
on the equipment. Nowadays contractor is very good on how to cheat on the
consultant and engineer for saving and cut the estimation cost on site works.

By
doing the good supervision, if the contactor still neglect the safety
precaution on site, profession practices engineer has the authority to issued
them a letter of changes the design of scaffolding and formwork immediately.
The letter can be used if the design the current design is inaccurate with the
design on paper. Other than that, engineer also can reported to the safety and
health department on site of the project to issue the contactor penalty letter
because, they are not following the safety rules and regulation on construction
site. This problem on safety should be taken immediately because if anything
happen on the site, professional practices engineer who has been signature the
original tracings will become in trouble because they has been taken all the
responsibility of problem under the signature.

Professional
engineer also can give the warning letter to the contractor which is not follow
the safety installation of scaffolding and formwork that has been design
according to the safety regulation. Professional engineer who was assigned to
design, they have the authority power to giving them warning letter or penalty
by not following the safety design for the general workers. It is because the
engineer is hired for the responsibility on safety of workers. Professional
engineer can be banned for working if accident is happen at their site of
assigned to do so. So that, by follow the safety design everyone can be safe on
site.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

QUESTION 3

 

A
client retains an engineer in private practice to design and supervise the
construction of a warehouse. A few months later, the engineer is asked by
another client to provide a professional engineering services for a warehouse
almost identical to the previously designed warehouse, except for minor changes
to adapt the building to the site. The new client suggests that the fee should
be lower than that charged for the original warehouse design, because the
engineer could use the same design with only minor changes.

Question:
Is it ethical for the engineer to charge a fee substantially less than that
recommended by the Association, since most of the design work was already done
for a previous client?

 

Generally
if the situation is to be analysed, there is a rational reasons as to why the
client dared to ask for discount for the professional engineering services from
the engineer. As most of the design work was already done for a previous client
and the engineer will only have to make some minor changes to adapt the
building to the site. However, the engineers must bear in mind that he/she has
responsibility to the profession as well as other fellow engineers.

BEM’s
brief introduction to Code of Ethics for Young Engineers (BEM 2008) mentioned
that:

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

Registration
of Engineers Act 1967 also stated under Section 4.8, Section 4(1) that:

The function of the Board
shall be to fix from time to time with the approval of the Minister the scale
of fees to be charged by charged by registered Engineering and Engineering
consultancy practice for professional engineering services.

The
scale of fees is set in order to ensure that the welfare of the engineers is
protected and the engineers is compensated justly for the professional
engineering service provided. It is unethical for the engineer to charge a fee
substantially less than that recommended by the Association. The engineer
should by all means respects his own expertise and other engineer’s right to
get remunerated satisfactorily for their professional engineering services.

 

QUESTION 4

Recent
years have been increased national and international Protocols and Regulations
and National Acts and Legislations on the control of many forms of pollution.
Discuss the needs and consequences of observing this regulations with special
reference to the particular industry you involved in.

 

Malaysia,
as a newly developing country, it has to contend with various types of
environmental pollution. The types of pollution consist of water pollution, air
pollution, noise pollution, soil pollution, thermal pollution and so on.
Generally, the environmental pollution is generated by transport, industry and
human activities.

Pollution
effects are indeed many and wide-ranging. Pollution is not only causing the
degradation of environment, but also affecting human health. For example, air
pollution causes respiratory disease, cardiovascular disease and congestion;
water pollution causes waterborne illnesses; noise pollution causes hearing
loss, high blood pressure and sleep disturbance. In this light, Malaysia’s
development into a modern and sustainably managed industrial country requires a
modern comprehensive environmental policy.

Logically, environment laws and regulations are
used to decrease the environment pollution. Based on one study in United States
(U.S.), the researchers found that the water pollution is significantly
reducing. From the result of study, the dissolved oxygen and other pollutants
in the water decreased by 0.8% points. And also, the total of suspended solid
that fundamentally from the non-point sources reduced by 1%. Consequently, the
quantity of drinkable fresh water has been increased from about 30% to 60%
because of the 1972 U.S. Clean Water Act and its subsequent amendments.

More recently, there was a
news reported that President of U.S., Donald Trump was decided to remove the US environmental laws and regulations as promised for the purpose
of increasing the development of business in USA. In the early 1970s, a research also stated the environmental regulation
will slow down about 10% in productivity. In contrast, the environmental
regulation can boost the growth in technology development. This is due to the private
tech providers consistently demanding for a new regulatory mechanisms. Besides
that, job opportunities have been increased for the sector of pollution
control. There is a lot of career provided such as engineers, scientists, and
people from different educational levels.

In conclusion, not only
Malaysia, the countries all around the world are required to implement judicial
and administrative procedures for environmental policy. In order to prevent
those who is illegal or infringe on human and environmental rights and that
will consequently influence environment and development. Thence, everyone
should compliance with laws and work together to keep the environment clean and
safe for future generations.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

QUESTION 5

Engineers are increasingly playing a significant role
in the nations fast pace development. Please suggest how engineers can make
greater contribution with awareness in safety health and environment and how
engineers can keep a breast with the development of technology without
confining to one’s specific roles or disciplines.

 

Engineers
are increasingly playing a significant role in the nations fast pace
development. Please suggest how engineers can make greater contributions with
awareness in safety, health and environment and how engineers can keep abreast
with the development of technology without confining to one’s specific roles or
disciplines?

Our
nation, Malaysia, is a developing country pointing to be a completely developed
nation by 2020. Engineers in entire fields are progressively assuming a
critical part in the nation’s fast pace progress. Improvement of framework,
hardware and electrical apparatuses, mechanical apparatuses and chemical based
items are growing with the commitment of the engineer’s exertion. These
developments support the economy of the nation and inspire the way of life of
the general public. Awareness in safety, health and environment is very important
to create a country because of its incredible benefits. Engineers must aware
with the ‘Occupational Safety and Health Act (OSHA)’ and ‘ Environment Act’ so
as to practice them in their job.

Performing
great safety, health, and environment is one of the way to success in an
industry and it will help in shaping of healthy and creative labourers, who
feels appreciated by their employer. There will drop in the probability of
accident, medical issues, protestations, and summons from the authorities. Close
down and postponement because of careless in safety, health and environment for
instance, accident, fire and hardware separate can be stayed away from. In this
manner, decreasing budgetary fatalities, enhance the stability of industries,
and meets the client’s needs. Other than that, also includes ‘ergonomic
training in the workplace, adjust utilization of PPE (Personal Protective
Equipment), control of contamination, great cleanliness and neatness, and
appropriate method to work under hazard. Adjust stockpiling of compound and
material is also vital particularly if they are fire hazardous.

The
engineers can build safety council with the goal that all representatives in
the organization can be associated with variety of activities. Safety council
can be isolated into a few gathering, for example, ‘ fire’, ‘traffic safety’,
electrical and apparatus’, and ‘cleanliness and environment’. Engineers can
share their understanding and abilities around this area by preparing training,
talk, and exchange with individuals of a similar industry and furthermore to
the public. It is critical to pass on the benefits of safety, health and
environment to the general public. It will help the people to understand that
it isn’t a choice but a compulsory in life.

As
an engineer, learning does not simply stop subsequent to completing university.
It needs to develop with a similar pace of the development of technology
without limiting to one’s particular roles or disciplines. Engineers can get
the exceptional data by reading technical journals and papers, going to
conference and training, and furthermore making a decent link with related
individuals. Next, being one of the IEM (Institute of Engineers Malaysia)
members is benefits to all engineers. Nowadays, internet is a need for all
people. So, internet access is additionally as a viable instrument for
engineers to acquire important data of the most recent improvement of
up-to-date technology. Engineers should make utilization of this capability, as
it is a reasonable course of data.

In
a nutshell, engineers hold a critical part in the country’s fast pace
development. It is simply the obligation of the engineer to furnish oneself
with the vital understanding and abilities, for example, the safety, health and
environment. Furthermore the most recent development of the technology.
Subsequently, engineers are equipped for giving profitable contribution to
development of public and countries.

 

 

 

 

 

 

 

 

 

 

 

QUESTION 6

Malaysian government-owned agencies companies have been
privatized by the Malaysian government known as privatization in Malaysia. This
policy was intorduced to increase the efficiency of less viable agencies and
companies. Usually these agencies provide major utilities such as
transportation, water supply, electricity, telecommunications and others. The
government of Malaysia takes the role of the West, especially the British who
has practiced the policy for so long.

          The
privatization program has played an important role in expediting economic
growth through greater growth and leading to the expansion of the corporate
sector. Growth also occur through increased efficiency as more output can be
generated through the use of smaller resources. The privatization has a
profound effect on the economy of the country. The market also benefits the
lower income group. This comprehensive engagement has been achieved through
public offering to the public as well as investors such as domestic trust.

          Through this method, the number of Bumiputera
entrepreneurs involved also increased with the establishment of the Bumiputera
commercial and industry commercial. This also enable Malaysian to acquire new
technologies and expertise through joint participation with foreign equity
holders, contract management or consultancy services. Subsequently, Malaysian
by themselves operate and manage new technologies in certain reas in enhancing
efficiency and productivity. This
significant policy advantage is that the government is able to reduce its
spending in managing the country.

          The allocation it deserves to be given to the privatized
government agency can be channeled to the use of other important development
projects. This situation ensures that the country’s financial burden is not a
reason for not implementing a development project. This policy also ensures
that all development projects are running smoothly. The privatized
agency will gain profits if the performance of their employees and services is
improved at a much different level before the privatization policy is
implemented. Hence, the quality of services provided to the people will increase and benefit them.

          The increase in the level of service has indirectly led
to a healthy competition between workers in newly privatized agencies or
domestically in general. This competition will result in a remarkable work
culture that will make the productivity of a privatized agency grow well in no
time. Indeed, workers will compete to ensure they remain relevant within the
privatized agency. Additionally, this fierce competition is undoubtedly causing
job opportunities to grow as there are certainly more open economic
opportunities in a competitive world.

          New ideas have also come about through this competition
which requires a high level of work skills. This aspect encourages various
types of new jobs in the country. Companies like Telekom, TNB, PLUS Expressway Berhad, KTMB and Pos Malaysia are government agencies that have been
privatized and have shown an increase in their services. This change is
expected to continue in the coming years as it is undoubtedly they will compete
with other companies who also want to make a profit like them.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REFERENCES
IDRUS, A., A. SULAIMAN, S., &
KHAMIDI, M. (2010). ENGINEERS in SOCIETY. McGraw-Hill (Malaysia) Sdn.
Bhd.

Syn, J. K. (n.d.). Privatization and
Renationalization in Malaysia .
Tan, J. (2008).
Privatization in Malaysia. New York: Routledge.