Transcript The Code of Ethics (or the Code of Professional Conduct

An IEM Outreach Programme to G&S
Members
The Code of Ethics (or the Code of
Professional Conduct)
~ The Hallmark of Professionalism;
Engineering in Malaysia
By Engr. Rocky H.T. Wong, PEng, FIEM; Hon
FAFEO-ASEAN Engr, Founding Fellow (AAET),
Hon. Fellow (TEEAM); Chairman – IEM pro ETI
Bureau, Past Chairman – ACEM, Past President FACE, The Head Commissioner – ASEAN
Engineers Register (AER) Commission.
RWHT/IEMQ&A/COPC/REV(1)120908
During the period before
independence and immediately
thereafter, membership of learned
societies for engineers (including
“pupil engineers”), with the ICE,
IMechE, IEE, and the IEM (after
1959) was the Hallmark of
Professionalism.
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Most Malayan engineers then were in the
employ of PWD (JKR), CEB/NEB (TNB), MR
(KTM), DID (JBS), Telecoms (TM), MU
(UM) etc.
A larger part of the early membership in
the IEM came from amongst the rank of
“engineers working for the government”.
The earlier Past Presidents of the IEM
were usually the “Heads” of those
Government Departments and agencies.
To be promoted in “government
service” an engineer must prove
that he is a “Professional Engineer”
- meaning, he is a “M.I.E.M”~ a
gold standard hallmark of
professionalism; much respected
by peers and allure respect by
others.
On the other hand, in the private
sector, an engineer with IEM corporate
membership such as; MIEM or FIEM
meant that he had the “license to
practise” consulting engineering in the
field of his engineering discipline.
A competitive consulting engineer
would endeavour to attain corporate
fellowship in the IEM and additionally,
in a UK based engineering “learned
society” of his discipline e.g. ICE or
IMech or IEE, etc. and would have
earned him the “CEng“ status.
However, membership in the IEM
(before the existence of BEM)
entitled the engineer to pre-fix his
name the appellation: “Ir.” – a
qualified practitioner of
engineering; equivalent to the
status of C.Eng.
The Code
of
Practice
To qualify for membership in the
IEM meant and continue to
mean, that a person conforms
to a “Code of Practice” defined
by what follows:-
The Engineers’ Code of
Practice of five (5) components.
1. Accreditation Procedure; an
engineering education programme
and IHL audit process of
qualifications for the purpose of
membership entry consideration.
2. Code of Ethics (or Code of
Professional Conduct);
3. Professional Interview (PI); for
the purpose of admission into
Corporate Membership by way of
peer-based assessment which
includes the following:-
i.
Actual face-to-face interview
ii. Part A; Written Exam on training and
experience gained during the prescribed
pupilage or PDP period
iii. Part B; another written exam on the proper
order of action required of a professional
engineer, in situations that may result in a
conflict between an Engineer’s self interest
and his duty to others i.e. his COE .
Life long learning to keep
obsolescence at bay (now known
as CPD) as per the objectives of
the IEM, i.e “…….. to promote and
advance the science and
profession of all aspects of
engineering”.
Public Interest driven science,
engineering & technology (SET)
centric design codes and
standards, addressing the
essential requirements of: safety,
health and the welfare of the
community and the environment
overall.
The Registration of Engineers
Act, 1967 - the REA ’67
The Registration of Engineers Act was
passed by Parliament in 1967 but was only
implemented on 23 August 1972 when the
Board of Engineers, Malaysia (BEM) was
operationalised.
BEM registers ALL:Professional Engineers,
 Graduate Engineers, and
 Foreign (Temporary) Engineers.
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The REA ’67 over 41 years, has been amended
6 times:
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The first two minor amendments of 1972
(Act A132) and 1973 (Act A173) for
orperationalising the BEM;
Amendments in 1974 (Act 218) gave rise
to the much talked about Clause 7A –
“Body Corporate” which may practise as
consulting engineers – hitherto was only
restricted to the natural persons. And the
power of the President of the BEM was
further boosted!
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Amendments in 1987 (Act A662)
introduced the “temporary
registration as a Professional
Engineer of any foreign engineer”
and making the Act explicit in the
restriction on employment of
unregistered person as an Engineer:
“No person shall employ as an
Engineer any person who is not
registered under this Act”.
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Amendments in 2002 (Act A1158)
introduced the term “Engineering
Consultancy Practice (ECP)” under the
amended Clause 7A; “…. a sole
proprietorship, partnership or body
corporate may practise as an Engineering
Consultancy Practice and recover in any
court any fee; remuneration or other form
of consideration for any professional
engineering services rendered……..”.
New clause 7B permits a body
corporate ECP in providing combined
engineering and architectural
consultancy services, together with
quantity surveying services. It deals
with details concerning the Board of
Directors, and permitted percentages
of equity by the various parties.
Act A1158 created the perception that there
are two categories of P.Eng’s, viz the
original category P.Eng having the inherent
“right to practise” and the newly defined
ECP P.Eng.
A new Clause 10B deals with the registration
of Accredited Checkers who have proven
“……practical experiences in the design and
construction of buildings as defined in the
Streets, Drainage and Building Act 1974
(Act 133)”.
The latest amendments passed as Act
A1288 early last year (i.e 2007) aligns the
REA with the introduction of the C.C.C.
policy (implemented on 12 April 2007). The
issuance of the Certificate of Completion and
Compliance was launched by the PM on 13
April 2007.
The C.C.C. replaces the Certificate of Fitness
for Occupation (CFO) previously issued by
Local Authorities.
A new Part IIIA on “Disciplinary
Committee” has been introduced. The
intention of this is to provide the
necessary confidence among the public
that when ECP P.Eng’s as submitting
persons signed off the CCC – they do
so professionally, after due care and
diligence.
The BEM is the domestic Regulator of
the practice of engineering in Malaysia.
In the context of the ASEAN MRA on
Engineering Services, the BEM is
Malaysia’s designated Professional
Regulatory Authority i.e. PRA for
Engineering Services.
An Engineer can only be a “Registered
Engineer” with the BEM and NOT call
oneself a “member” of the BEM.
Whereas the same engineer when he
joins the IEM becomes a “Member”
and “….. shall be entitled to the use of
the title Engr. placed before (his/her)
name”.
The REA ’67 provides for the BEM to
work closely with the IEM vis-à-vis the
Engineers’ Code of Practice in most
aspects.
In the early days of the BEM and
before the coming into force of the
“Registration of Engineers Regulation
1990”; to be registered a Professional
Engineer, the engineer must first have
been accepted into the IEM as a
Corporate Member.
Even with the introduction of the BEM’s
Professional Assessment Examination (PAE),
the “equivalence” of IEM Corporate
Membership with P.Eng status has been
maintained.
Section 10(2)(i)(b) says; Quote:- Subject to
this Act, the following persons shall be
entitled on application to be registered as
Professional Engineers. Any person who has
passed a PAE conducted by BEM, or is a
Corporate Member of the IEM; Unquote.
Section 7(i)(aa)(iii) of the REA ’67, on
the issue of “Restriction on
unregistered persons, Graduate
Engineers etc”, says; Quote: No
person shall, unless he is a
Professional Engineer be certified to
describe himself or hold himself out
under any name, style or title using
the abbreviation “Ir.” before his name
or the abbreviation “P.Eng” after his
name or in any way in association with
his name. Unquote.
Registration with the BEM is renewed
annually ~ a “valid license to
practise”; the rights of the natural
person who’s a registered professional
engineer having the title “Ir.”, and to
use the stamp as prescribed in the
Second Schedule of the Act.
The Institution of Engineers,
Malaysia (The IEM):
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The governance, management and
administration of the IEM is by way
of it’s Constitution, its Bylaws and its
Regulations on Professional Conduct.
The encapsulation of what is IEM; is
by way of the IEM’s Vision, Mission,
Functions and Objectives,
reproduced as follows:-
THE INSTITUTION OF
ENGINEERS, MALAYSIA
Vision, Mission, Functions
and Objectives
IEM’S VISION
The Institution of Engineers, Malaysia
aims to be the premier professional
organization pivotal to Malaysia
achieving Vision 2020.
IEM’S MISSION
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IEM shall promote sound professional
engineering practice in support of the
socio-economic development objectives of
the nation.
IEM shall service the needs and interests
of its members and the public and uphold
the social standing and image of the
engineering profession.
IEM shall contribute towards nation
building and shall strive to enhance
society’s consciousness of science,
engineering and technology.
IEM’S FUNCTIONS
IEM is a society established to
promote and advance the Science
and Profession of Engineering in
any or all its disciplines and to
facilitate the exchange of
information and ideas related to
engineering.
IEM’S OBJECTIVES
The objectives of The Institution as set
out in the Constitution shall include
the following:a. to uphold meetings, exhibitions and visits, and
such other activities as The Institution may
deem incidental or conducive to the promotion
or attainment of the profession of engineering;
b. to raise the character and status and advance
the interests of the profession of engineering
and those engaged therein;
c. to promote honorable practice, and
professional etiquette among members of
The Institution;
d. to communicate to members information
on all matters affecting the profession of
engineering and to print, publish, issue
and circulate such publications as may
seem conducive to any of the objectives
of The Institution;
e. to do such other things as The Institution
may think incidental or conducive to the
attainment of the objectives of The
Institution.
Membership in the IEM:Corporate membership in the IEM, viz.
MIEM and more so FIEM (in due
course), is the measure for peer
acceptance of professional standing
and it further represents the time
honoured public recognition hallmark
of ethical professional excellence.
The IEM welcomes engineers to become
Corporate Members and hence attain the
status of Professional Engineer, those who
are:
Ethical,
 Competent,
 Intellectual,
 Mature, and
 Responsible.
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They shall prove to their peers that they are
qualified to be M.I.E.M, because they are:
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able to analyse and solve engineering
problems by the application of science,
engineering and technological knowledge;
experienced and have the skills for good
management and communications;
able to perform design, or able to
integrate systems, and have relevant site
experience;
confident and mature to assume
responsibilities.
IEM membership generally consists of
“Engineers”:
• Those who are engineering students who will
one day graduate as “Engineers”;
• Graduates enroute to be Corporate members
in due course,
• Corporate Members who form the greater part
of the membership strength.
Besides engineers, IEM offers
membership to other engineering
services professionals, such as:-
Incorporated Member;
 Affiliate Member; and
 Associate Member.
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The
aforesaid
exemplifies
the
IEM’s
perspective; how about the aspect from the
BEM? Registration of an engineer with the
BEM equates to legal recognition of
qualification(s) and a BEM license to practise
as an ECP provides the benchmark for QA
professional
services
meeting
the
expectations of public interest. Only ECP’s
qualify to be UBBL defined “Submitting
Persons” empowered to signing off the
various forms aggregating to a project
specific CCC.
The Engineer’s Code of Ethics
(COE)
Why is the Code of Ethics important to
engineers?
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It is a HALLMARK of Professionalism;
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A BASIC qualifying requirement;
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An EDGE in competition;
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Ultimate BENEFIT of the profession.
Adhering to the Code of Ethics, the
engineering profession will benefit in
promoting its reputation, credibility
and respect. The result: the
engineering profession will maintain its
attractiveness as a rewarding and
respectable profession.
The Engineer’s Code of Ethics is a
constellation of noble ideals binding
the following into a virtuous
paradigm of what a Professional
Engineer and his upright bearing
should be:-
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The Profession: An Engineer shall at
all times uphold the dignity, standing
and reputation of the profession by his
behaviour, actions and words.
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With Colleagues: An Engineer
shall not maliciously or recklessly
harm or attempt to harm whether
directly or otherwise the
professional reputation of another
engineer, but shall however foster
the reputation of colleagues for the
advancement of the profession.
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Towards Employers and
Clients: An Engineer shall serve
employers and clients with
honesty, loyalty and integrity in
conforming to the highest
standards expected of their
respective community.
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The Public: An Engineer in
providing his services shall at all
times be governed by the paramount
interest of the public, in particular
their welfare, health, safety and
environment.
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Oneself: An Engineer shall
maintain and enhance his health
and competency in subscribing to
self and continuing professional
development.
The BEM’s Code of
Professional Conduct
(COPC)
The BEM’s Code of Professional
Conduct governing every registered
Engineer is detailed out in the Part IV
of the “Registration of Engineers
Regulations 1990” (Revised 2003)
which came into force 10th November
2003.
The IEM Regulation on
Professional Conduct
(ROPC)
Article 2.18 of the IEM Constitution states
that; Quote: Every member shall so conduct
himself as to uphold the dignity, standing
and reputation of the profession. He shall
be bound by the Regulation on Professional
Conduct. Unquote.
Then, in the IEM Bylaws, we have Bylaws
9.2, 9.3 and 9.6 which also deal with the
professional conduct of members, and the
formal set of “Regulation of Professional
Conduct” which has been made by the IEM
Council under the provision of Section IX of
the IEM Bylaws.
What are the differences among:
COE, COPC and ROPC?
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The Engineer’s Code of Ethics represents
the collective stance and the shared
conviction of the Fraternity of Engineers.
The sanctity of the Code amounts to a
Honour Pledge which when breached
brings shame and dishonour to both the
transgressor and the profession.
There is no legal enforcement; only selfrespect and self esteem, and the chosen
inviolable value of life for someone
belonging to a noble profession.
If we don’t respect ourselves, who would,
- that is the point and the bottom-line.
The BEM’s Code of Professional
Conduct represents the “Law” and
when broken, investigation and
disciplinary processes follow; akin to
the legal procedures of the “Court”.
Should the respondent registered
engineer be found to have indeed
“broken the law”, his act unbecoming
of a registered engineeer will be
criminalized!
The IEM’s Regulation on Professional
Conduct is a consensus among
members, which will be reviewed
periodically and made relevant.
Enforcement is by way of peerjudgement followed by a complaint in
writing.
Should the prescribed peer-judgement
be taken to its logical conclusion, and
the complaint substantiated, the
member may be expelled; perhaps
reprimanded or fined – otherwise
expulsion. There is a long list of what
may follow - but by then, the
adjudged member would have
resigned!
Conclusion: cliché as it may, a
professional engineer inspired by the
Engineers’ Code of Practice, and
believes without reservation the
Engineer’s Code of Ethics, abides by
the BEM’s Code of Professional
Conduct, and subscribes to the IEM’s
Regulation on Professional Conduct as
an active IEM Corporate Member; this
Engineer would have attained the
Hallmark of Professionalism.
THANK YOU