ENGINEERS IN SOCIETY Semester Sept 2013 Engineers in

ENGINEERS IN SOCIETY Semester Sept 2013 Engineers in Society ETHICS IN ENGINEERING Dr Mohd Noh Karsiti Dr Ir Perumal Nallagowden Dr. Suhaimi Hassan, C. Eng nohka@petronas. com. my

Review on Last Session Engineers in Society Learning Outcomes : Last Session Limit of authority in engineering Understand the characteristics of engineers as a profession Understand the process of turning professional Describe and internalize the Engineers’ Act 1967 Certification as a P. Eng Approved Degree & Registration with BEM Non-Graduate Engineer Icons from: http: //www. ceco. net/autocad-people-blocks/people 1 -autocad-blocks. html Professional Engineer

Engineers in Society Engineer as a Profession PROFESSION: GENERAL CHARACTERISTICS NOT simply Requires sophisticated practical training and specialized skills or apprenticeship Special societies Extensive and regulated formal education Profession Judgment / discretion. or organizations Contributes significantly to public benefit Work is not routine (cannot be automated) So, is engineering a profession?

Engineers in Society

Registration of Engineers Act, 1967 Engineers in Society THE INSTITUTION OF ENGINEERS MALAYSIA The main function of the IEM is to encourage, support and promote 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 1967 Engineers in Society http: //www. bem. org. my/v 3/pdf/ACT 2007. pdf

Registration of Engineers Act 1967 Engineers in Society

Registration of Engineers Act, 1967 Engineers in Society 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 Registration with BEM as a Graduate Engineer Graduation Practical Experience Minimum of 3 Years IEM Professional Interview Pass Professional Assessment Examination (PAE) IEM Corporate Member Pass Competency Examination Professional Engineer Approved Application for Registration as a Professional Engineer Please always refer to IEM/BEM on accurate and up-to-date information on registration as P. Eng

Engineers in Society Lesson Outcomes At the end of this section, students should be able to: Understand the code of ethics for young engineers Learn case studies on engineering ethics Understand the implications of unethical issues related to engineering

Engineers in Society 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.

Assurance of Public Safety Engineers in Society • 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 12

Assurance of Public Safety Engineers in Society • 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. 13

Assurance of Public Safety Engineers in Society • 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 14

What is Engineering Ethics? Engineers in Society 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

What is Engineering Ethics? Engineers in Society 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

Regulation of Engineers in Malaysia Engineers in Society Registration of Engineers Act 1967 (Act 138) The REA was amended in 1972, 1973 1974, 1987, 2002, and 2007 for the betterment of local engineering practice.

Code of Ethics for Young Engineers in Society 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.

Code of Ethics for Young Engineers in Society 1. REGISTRATION 2. CONSULTANCY 3. SUPERVISION 4. REGULATORY REQUIREMENTS 5. CODE OF ETHICS

Code of Ethics for Young Engineers in Society 1. REGISTRATION DO An engineering graduate with accredited engineering degree must register with the BEM to take up employment as an engineer DON’T An 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

Code of Ethics for Young Engineers in Society 2. CONSULTANCY DO An 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.

Code of Ethics for Young Engineers in Society 2. CONSULTANCY DON’T An 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.

Code of Ethics for Young Engineers in Society 3. SUPERVISION DO An 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.

Code of Ethics for Young Engineers in Society 3. SUPERVISION DON’T An 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.

Code of Ethics for Young Engineers in Society 4. REGULATORY REQUIREMENTS DO An 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 and specifications.

Code of Ethics for Young Engineers in Society 4. REGULATORY REQUIREMENTS DON’T An 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.

Code of Ethics for Young Engineers in Society 5. CODE OF ETHICS DO An 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.

Code of Ethics for Young Engineers in Society 5. CODE OF ETHICS DON’T An engineer should not knowingly mislead the public by giving misrepresented information so as to gain commercial advantage/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.

How Moral Problems Arise in Engineering? Engineers in Society Project Realization conflict Design conflict Start Conception Manufacturing/ Fabrication conflict Sales & Service Testing conflict

Engineers in Society Terminologies Constructor Owner Designer Client – Consultant – Contractor (common) Owner Designer Constructor Design & Build

Engineers in Society Ethical issue

Engineers in Society Ethical issue

Engineers in Society Ethical issue

Case Study 1 – Highland Tower Engineers in Society

Collapse of Highland Towers Apartment Engineers in Society 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 11 th December 1993, at about 1. 30 p. m. , after 10 days of continuous rainfall, Block 1 collapsed 14 years after completion and killed 48 people.

Collapse of Highland Towers Apartment Engineers in Society 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.

Collapse of Highland Towers Apartment Engineers in Society 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 5 th Defendant’s land.

Collapse of Highland Towers Apartment Engineers in Society

Collapse of Highland Towers Apartment Engineers in Society 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 Society The Highland Tower Story Defendants Remarks 1 st Developer Properties Sdn Bhd Engaged by the developer as the architect for the project Engaged by the developer as the engineer for Engineer the project MPAJ was the local authority for approvals Majlis Perbandaran Ampang Jaya related to the project Owner of 50 lots of bungalow land directly at Arab-Malaysia Finance Bhd the rear of site. The company that carried out clearing works Tropic on the 5 th defendant’s land in 1992 The higher land adjacent to the 5 th Owner of Metrolux land defendant’s land Was in charge of the development of the Project manager for the 7 th Defendant Metrolux land 2 nd Draftsman 3 rd 4 th 5 th 6 th 7 th 8 th 9 th Selangor State Government 10 th Director of Lands and Mines, Selangor Refer to Section 4. 11 of the text book for further reading.

Engineers in Society The Highland Tower Story Liable Defendants Liability Percentage 1 st Developer 15 2 nd Draftsman 10 3 rd Engineer 10 4 th Majlis Perbandaran Ampang Jaya 15 5 th Arab-Malaysia Finance Bhd 30 6 th Tropic - 7 th Owner of Metrolux land 10 8 th Project manager for the 7 th Defendant 10 9 th Selangor State Government - 10 th Director of Lands and Mines, Selangor - Refer to Section 4. 11 of the text book for further reading.

Collapse of Highland Towers Apartment Engineers in Society 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.

Collapse of Highland Towers Apartment Engineers in Society 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.

Collapse of Highland Towers Apartment Engineers in Society The 2 nd Defendant was an Architectural Draftsman. He drew and submitted the layout plans for and on behalf of the 1 st Defendant. The 2 nd Defendant knew that he was not a fully qualified and registered architect. When the layout plan was approved subject to conditions, the 2 nd Defendant prepared and submitted the building plans. The 2 nd 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 2 nd Defendant’s credentials had in fact permitted him to submit such plans.

Collapse of Highland Towers Apartment Engineers in Society The 3 rd Defendant was a qualified civil engineer. The 2 nd Defendant appointed the 3 rd Defendant, who was his brother, to be the consulting engineer for Highland Towers. Initially, the 3 rd Defendant’s scope of works was restricted to the structural aspect of the three blocks. But subsequently, the 3 rd Defendant was engaged by the 1 st Defendant to submit proposals over the drainage of the area. His drainage plan was approved. He was also retained by the 1 st Defendant to design and supervise the construction of two retaining walls on the Highland Towers site.

Collapse of Highland Towers Apartment Engineers in Society A building draftsman is only permitted under the Architect’s Act 1967 to design buildings of no more than two 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.

Collapse of Highland Towers Apartment Engineers in Society 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.

Collapse of Highland Towers Apartment Engineers in Society I was not responsible for drainage system NST 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.

Case Study 2 – Terengganu Stadium Engineers in Society

Collapse the roof of Terengganu Stadium Engineers in Society 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]

Collapse the roof of Terengganu Stadium Engineers in Society DESIGN The Architect’s conceptual design was accepted and used by the maincontractor’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. CONSTRUCTION It 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.

Engineers in Society Collapse of Terengganu Stadium Engineer charged over Terengganu stadium collapse The 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 collapse The 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.