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ENGINEER IN SOCIETY
(EE014-3.5-3-EIS)
INDIVIDUAL ASSIGNMENT
STUDENT NAME : MAHMOOD ABDULJABBAR
STUDENT NUMBER : TP040947
INTAKE : APU4F1903PE
PROGRAMME : PETROLEUM ENGINEERING
LECTURER NAME : Ir. Dr. DHAKSHYANI A/P RATNADURAI
ASIA PACIFIC UNIVERSITY OF TECHNOLOGY & INNOVATION
FACULTY OF COMPUTING, ENGINEERING & TECHNOLOGY SCHOOL
OF ENGINEERING
30/9/2019
ii
ACKNOWLEDGMENT
I would like to thank God as the Creator of the world for all his help during
the elaboration of this work and for keeping me alive and giving me the strength
in the presence of weakness, in performing this assignment, I had to take the help
and guidelines of some respected persons, who deserve my greatest gratitude, the
completion of this report gives me much pleasure.
I would like to show my deepest gratitude to Ir. Dr. DHAKSHYANI A/P
RATNADURAI for giving me good guidelines for the report throughout
numerous consultations. Moreover, I would also like to expand my gratitude to
all those who have directly and indirectly guided me in writing this assignment.
Moreover, I would like to express my gratitude towards my parents & my
friends for their kind co-operation and encouragement which help me in
completion of this assignment. I would like to express my special gratitude and
thanks to all individuals for giving me such attention and time.
My thanks and appreciations also go to APU University in developing the
project and people who have willingly helped me out with their abilities.
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ABSTRACT
The assignment outlines the professional codes of conduct relevant to
BEM and adhered by professional engineers who serve to the society considering
or exhibiting with legal, safety health, cultural and societal values. A certified
professional engineer holds high dignity, ethics, professional, moral values in
making decisions at the place of work. The main objective of this assignment is
to examine, analyze and relate the ethical theories and the BEM (Board of
Engineers Malaysia) Code of Professional Conduct and its guidelines to solve
ethical, social, health, safety, legal and cultural related issues in the practice of
engineering in order to safe guard the respect and dignity of the Engineering
Profession. Furthermore; in this assignment will learn about the ethical theory
which use to reduce the impact inside the industry, as we learned there five
elements of the ethics theory will be used to evaluate and analyze the cases study
below in chapter two, those elements are Relativism, Utilitarianism, Virtue Ethics,
Duty Ethics, and Right Ethics each one of this will be used in the scenarios below.
Moreover; in this assignment will explain some codes of the BEM codes
of Professional Conduct, this code consists of five elements which will mention
in chapter3 each one of this code divided to various codes to be used as
professional engineer to solve the issues which may face. In additional will be
selecting some of the BEM codes to solve the issue base on the problems which
we have in chapter 2, there three case study each case study has different
problems, furthermore the last case study is scenario which is given in the
assignment to be analyzed. As a professional engineer must solve this issue by
justify the solution for the case study and make sure there is no impact on the
capacity and environment. Furthermore; will be using the drawing line analysis to
identify the impact of the problems, as shown in chapter 3 there are a positive
impact and negative impact by using this method we can identify if the problems
are negative or positive then will solve this issue.
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TABLE OF CONTENTS
CHAPTER NO. TITLE PAGE NO.
ACKNOWLEDGEMENT ii
ABSTRACT iii
TABLE OF CONTENTS iv
LIST OF TABLES vii
LIST OF FIGURES viii
1. INTRODUCTION 1
1.1 Introduction 1
1.2 Research Problem 3
1.2.1 Structural Failures 4
1.2.2 Public Welfare 4
1.2.2 Professional Associations 4
1.3 Aim and Objectives 7
1.4 Justification for this research 8
1.5 Organization of the rest of the chapters 8
1.6 Summary 9
v
CHAPTER NO. TITLE PAGE NO.
2. LITERATURE REVIEW 10
2.1 Introduction 10
2.2 Literature Review 10
2.2.1 BEM codes of Professional Conduct 10
2.2.2 Cases study 17
2.2.3 Ethical Theories 24
3. ETHICAL PROBLEM ANALYSIS AND DISCUSSION 29
3.1 Introduction 29
3.2 Ethical Theories on the first case study (scenario) 29
3.2.1 Ethical Problem Analysis based on Ethical theories 29
3.2.2 BEM codes of Professional Conduct 31
3.2.3 Public Health Endangerment 33
3.2.4 DOE Legal Requirements 34
3.2.5 HSE Consideration 36
3.2.6 Approaches can be taken 36
3.3 Ethical Theories on the Second Scenario 37
3.3.1 Ethical Problem Analysis based on Ethical theories 37
3.3.2 Ethical Problem Analysis based on BEM codes 39
3.3.3 All Possible Solutions 42
3.3.4 Line Drawing Analysis 43
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CHAPTER NO. TITLE PAGE NO.
3.4 Ethical Theories on the third case study (scenario given) 44
3.4.1 Ethical Problem Analysis based on Ethical theories 44
3.4.2 Ethical Problem Analysis based on BEM codes 45
3.4.3 All Possible Solutions 49
3.4.4 Line Drawing Analysis 51
4. CONCLUSION 53
3.1 Conclusion 53
3.2 References 55
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LIST OF TABLES
TABLE NO. TITLE PAGE NO.
2.1 RE shall at all times hold paramount the safety, health, etc 11
2.2 A Registered Engineer shall undertake assignments only 12
2.3 A Registered Engineer shall issue public statements only 13
2.4 A Registered Engineer shall act for each employer 13
2.5 RE shall conduct himself honorably, responsibly, and ethically 14
2.6 The selecting BEM’s Code of Professional Conduct. 22
2.7 Ethical Theories 27
3.1 Ethical Theories angle from the First scenario 30
3.2 Ethical Theories angle from the Second scenario 37
3.4 Ethical Theories angle from the Last scenario 45
viii
LIST OF FIGURES
FIGURE NO. TITLE PAGE NO.
1.1 Work Ethic 2
2.1 Sequence of Retrogressive Landslides 17
2.2 Additional loads to the building 19
2.3 Two columns that collapsed in the beginning 20
2.4 Before and after the building collapsed 20
3.1 Ethical Theories point chart 30
3.2 Line Drawing Analysis 37
3.3 Line drawing analysis for second scenario 44
3.4 Line drawing for last scenario 52
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1
CHAPTER 1
PROJECT SCOPE STATEMENT
1.1 INTRODUCTION
Ethics is concerned with what society considers to be right or wrong. It,
therefore, relates to standards of behavior. At first, this may appear to overlap with
one purpose of the law, in that law seeks to address the behavior of which society
disapproves. However, ethical principles may be adopted that discourage behavior
that is undesirable but legal. For example, during the expenses scandal that arose
in the UK in 2009 regarding claims for reimbursement by politicians, one
politician responded to criticism by stating that she had done nothing illegal. This
rather missed the point, as the general public may still regard legitimate expenses
claims as inappropriate, and therefore unethical. (ACCA, 2011)
The social aspect of multifaceted engineering sector forms one of the most
intricate and complex continua of the profession. In fact, the biggest reason why
engineering and the professionals involved are highly regarded, and respected, by
the society may be because the decisions taken by engineers tend to have huge
impacts, sometimes to an extent that the fate of a place, or many people is changed
at a time.
Social aspect of engineering is important to highlight because people, and
society as a whole, often expect great things from engineers, owing to great
‘power’ they possess to bring change. But, with this great power comes greater
responsibility (Arjun, 2011).
Very often, the cause and effect between behavior and consequences are
paradoxical; sometimes the impacts, both positive and adverse, are apparent and
conspicuous, yet sometimes they are fraught with so much uncertainty that the
impacts are pernicious. In this direction, the concept of ethics in engineering
becomes crucial. (Shimizu, 2017)
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Engineers are also professionals after doctors, who operate this entire
globe with their creative and investigative approach utilizing towards the
emerging new technology. Engineers built the world to be a better place and they
are Problem solvers and Solution providers to any complex engineering problems.
Their knowledge is poured into automation, manufacturing, production,
constructional, communication and so on. Hence, it is the most important for an
Engineer to execute any action with utmost ethics and professionalism, taking into
consideration the roles, responsibilities and duties while making decisions.
(Shimizu, 2017)
Figure 1.1: Work Ethic (Dezzera, 2018).
The ethical problems from the scenario are critical. Environmental
organization has become important especially in 1900s, when carbon rises on air.
Regulations and limitations formed to stop anyone who trespassing environment
and punishments required to companies that trespass it. Another ethical issue is
every worker has a boss that give orders to him/her in exchange of payment, orders
come from managing director to buy equipment from UTS, yet it conflicts with
the first issue. (Whitbeck, 2011).
Third ethical issue is the difficulty of finding a job and how unethical to
fire someone caring about regulations or listening blindly to the manager. Case
become more complicated and exhausting. In history, similar situations happened
and lesson learn. A lot of rules and regulations formed to organize the relationship
between workers-manager, workers-workers, managers-managers and managers-
3
organizations. Here, worker-manager and worker-organization with the company
is in the stake. (Whitbeck, 2011).
Facts stated from regulations formed by organizations such as IEM, BEM,
DOE, HSE and WFEO. All these are related to the situation. The initials for these
organizations are:
• IEM: Institute of Engineering and Management.
• BEM: Board of Engineers Malaysian.
• DOE: Department of Environment.
• HSE: Health and Safety Executive.
• WFEO: World Federation of Engineering
Ethical problems for engineering are complex and can involve opposition
on ethical codes. Engineer must study on depth all the codes related to the issue
and form a decision supported with codes, so he/she has rights. Many cases do not
have lining and clear path in ethical principles, but they have corrected and
appropriate solutions. (Arjun, 2011).
The main points of discussion are:
1. Discussing the issue and how to rectify the situation from an
ethical point of view knowing the code of conduct of IEM/ BEM or WFEO.
2. What are the legal requirements of DOE?
3. What HSE has to say in the long run with the project?
4. What is the rightest approach to deal with the issue?
The points will form three paths with justifications, the most right one has
the strongest ground.
1.2 Research Problem
One of the problems happens with Ir. Jason. Ir. Jason is a certified
professional engineer who works at XY Chemical Factory. Ir. Jason is responsible
for checking and monitoring the disposable of chemical wastes from the factory
which is stored in a warehouse at an off-site location. He reports to Ir. Daniel who
is the Head of XY’s Division of Chemical Waste.
In the course of his work, Ir. Jason discovered that there are several leaking
drums. Ir. Jason tried to inform this matter to Ir. Daniel.
Ir. Daniel responded by telling to Ir. Jason that he will bring few workers
to bring back the leaking drums to the factory and dispose of it through the river
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situated behind XY Chemical Factory as what he has been always doing it. So,
based on the BEM codes how can Ir. Jason. solves this issue which has been
happened as explained.
1.2.1 Structural Failures
Engineering took on much more importance in everyday life after the
Industrial Revolution. Large-scale engineering projects came to dominate the
landscape of most major countries. Highlighting the importance of solid
engineering were the structural failures of several notable landmarks, such as the
Quebec Bridge in 1907, which cost many lives. Engineering ethics began to take
on a supreme importance in this way, as people learned that lives depended on a
well-crafted design (Reader, 2017).
1.2.2 Public Welfare
Similar to the Hippocratic oath in medicine, the first duty of the engineer
is to protect the welfare and safety of the public -- do no harm. This means being
completely certain of the integrity of any structure and thoroughly testing the
safety of any product, even if there is temptation to cut corners or overlook a
concern that would be inconvenient. The purpose of establishing professional
ethics is to enforce a minimal standard (Reader, 2017).
1.2.3 Professional Associations
As engineers became more prominent and important to society following
the Industrial Revolution, many different engineering societies came about. These
societies generally follow a certain specialization of engineering, such as the
Institute of Electrical and Electronics Engineers. Such organizations seek very
prominently to promote ethical concerns within the field, and they typically have
an explicit code of ethics they expect all members to follow. Members can be
expelled if they are found in violation.
Ethics in engineering is a study of characteristics of morals and conduct
of engineers as professionals and individuals as human beings. The moral and
practical significance of ethics vis-à-vis engineering can be related with the
quality of the decisions: with justice, with equity, with the consequences for all
5
affected by the decision, and with the personal and collective responsibilities
which lie beyond the contractual obligations into which engineers are often bound.
Engineering, like ethical problems, rarely have a single readily deduced
solution. Both of these contain a range of solutions that are clearly right, relatively
better or not appropriate at all. Prompt and correct distinction and selection of the
available options is critical in engineering. For example, a product designed or a
service rendered may benefit a party but at the expense of ecological balance of a
place, or its social harmony. Ethics, in this case, probably dictates the use and
strong enforcement of risk-benefit analysis option. Similarly, in cases where an
engineer faces strong moral dilemma, or even ethical or legal conflicts,
engineering ethics seeks to go beyond the dictates of the law when there is no
legal guideline for how to solve the conflict. Therefore, ethics empowers
engineers and fosters in them the value of conscientious moral commitment.
(Reader, 2017).
Ethics also guides the professional conduct of engineers. In essence,
ethical values ensure honest and open transactions in the profession, and that the
professionals are able to work without external pressure or biasedness. Ethics also
ensures that engineers are held accountable for their actions, so they recognize
and accept the personal commitment towards the client and the job, and maintain
discretion over the client information.
The role of ethics, therefore, in engineering is imperative because the
integrity of the profession depends on it. The idea of not incorporating ethics into
engineering is too big a risk. Only ethical engineering practices can actualize the
true essence of engineering-transforming lives of people for the greater good that
have been enduring unjust hardship and difficult living conditions.
Thus, ethics in engineering ensures economy, productivity, safety,
privacy, security, welfare and offers opportunities for all without discrimination.
Vales and virtues are cultivated and appreciated by all human beings. These,
therefore, becomes even more important to an engineer who is always in the midst
of the common people discharging his responsibilities. Ethics not only improve
quality of an individual but the quality of life as a whole.
Related to the case, Although the primary ethical issue raised in the case
is whistle blowing, secondary ethical issues include the obligations of engineers
with respect to environmental issues, management problems having to do with
honesty and trust between business and its host community, the issue of the
6
fairness of a community towards manufacturing plants, the problems raised for
individuals and groups by the necessity for action in the face of inconclusive
scientific evidence, and the relationship of law and morality.
Ram obligation to hold paramount the safety, health, and welfare of the
public in the performance of his professional duties, is probably among the most
basic. Clearly, its importance is evident by the fact that it is the very first
obligation stated in the NSPE Code of Ethics. Moreover, the premise upon which
professional engineering exists-the engineering registration process is founded
upon the proposition that in order to protect the public health and safety, the state
has an interest in regulating by law the practice of the profession (Reader, 2017).
The breadth and scope of this fundamental obligation is far more difficult
to fix. As we have long known, ethics frequently involves a delicate balance
between competing and, of times, conflicting obligations. However, it seems clear
that where the conflict is between one important obligation or loyalty and the
protection of the public, for the engineer the latter must be viewed as the higher
obligation.
In finding that an engineer does not have an ethical obligation to continue
an effort to secure a change in the policy of an employer under these
circumstances, or to report his concerns to the proper authority, we stated,
nevertheless, that the engineer has an ethical "right" to do so as a matter of
personal conscience. We emphasized, however, that the case then before us did
not directly involve the protection of the public safety, health, and welfare, but
rather was an internal dispute between an employer and an employee.
In the context of this case, we do not believe that Ram's act of reporting
his concerns to John or to certain members of the city council constituted a
reporting to the "proper authorities" as intended under the Code. Nor do we
believe, Ram's decision to assume no responsibility for the plant and beds
constitutes a "withdrawal from further service on the project."
It is clear under the facts of this case that Ram was aware of a pattern of
ongoing disregard for the law by his immediate superior as well as members of
the city council. After several attempts to modify the views of his superiors, it is
our view that Ram knew or should have known that the "proper authorities" were
not the city officials, but more probably state officials (i.e., state water pollution
control authority). We cannot find it credible that a Director of Public Works for
a medium-sized town would not be aware of this basic obligation. Ram's inaction
7
permitted a serious violation of the law to continue and appeared to make Ram an
"accessory" to the actions of John and the others. (NSPE, 1988)
It is difficult for us to say exactly at what point Ram should have reported
his concerns to the "appropriate authorities." However, we would suggest that
such reporting should have occurred at such time as Ram was reasonably certain
that no action would be taken concerning his recommendations either by John or
the members of the city council and, that in his professional judgment, a probable
danger to the public safety and health then existed. (NSPE, 1988)
In addition, we find it troubling that Ram would permit his professional
integrity to be compromised in the manner herein described. Ram allowed his
engineering authority to be circumvented and overruled by a non-engineer under
circumstances involving the public safety. It is clear that Ram had an ethical
obligation to report this occurrence to the "proper authorities" as stated above.
1.3 Aim and Objectives
The objective of this assignment is to examine, analyze and relate the
ethical theories and the BEM (Board of Engineers Malaysia) Code of Professional
Conduct and its guidelines to solve ethical, social, health, safety, legal and cultural
related issues in the practice of engineering in order to safe guard the respect and
dignity of the Engineering Profession.
1. To identify issues and challenges as an engineer after graduation
2. To promote awareness of engineers’ code of ethics at the workplace
3. To highlight the responsibilities of engineers towards their organization and
community
4. To provide guidance on code of ethics to engineers in their respective branch
of engineering
5. To expose the importance of environmental preservation in any projects
undertaken
6. To create an understanding of the need to adhere to Ethics
7. To inform the importance of Ethics for Professionals
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1.4 Justification for this research
This research provides easy to follow steps to help you define, analyze,
understand and solve ethical problems.
The ethics of professionals are different from the ethics of the community
at large Conduct which would be unethical by community standards is ethical
within the context of a profession. This article examines the ways in which a
different professional ethic can be justified and, by reference to a contemporary
play, considers the consequences of such justifications.
1.5 Organization of the rest of the chapters
In this assignment will analyze the development of engineering in the
context of social, health, safety, legal, culture and what is expected of engineers.
Moreover; will be evaluating the engineering practice pertaining to management
and legal consideration. Furthermore; in this assignment, there are four chapters,
in the chapter one which is introduction will talk in general about the BEM codes
and ethics rules
Chapter 2 reviews the work is done by other researches based on the
scenarios there are three scenarios will be analyzed base on the BEM codes,
safety, health and so on. Furthermore; in this chapter will be explained about BEM
codes with explanation for each code, then will be used a similar case study to be
analyzed, there are several codes such as Professional Engineer with practicing
certificate codes, Professional engineer codes, Graduate engineer codes,
Engineering technologist codes, and Inspector of works codes. in additional will
be explained the ethical theories to analyze the three-case study.
Chapter 3 briefly explain the ethical problems analysis and discussion for
each case study above, furthermore in this chapter 4 will involve the outcomes
during the analysis and research period. Furthermore, will show the steps to solve
the issue that happens for the scenarios above. Moreover; in this chapters will be
using the EBM codes to solve the problems in each scenario and also will use the
Line Drawing Analyses (LDA) to identify the impact of each case study, for each
scenario will be using the Line Drawing Analyses to rescue the impact.
Chapter 4 briefly summaries all the works of this assignment. Moreover;
it will summaries chapter the literature review and what has been explained in this
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chapter, also will explained about ethical problems analysis and discussion in brief
for each case study.
1.6 Summary
In this chapter, it explained and discussed several parts to give a
clear idea of this assignment and how this assignment can help the industry in
the future, also it explains what the process of the next chapter and what to do
on it. First of all; it has been writing an introduction to the Ethics and EBM
codes.
The introduction was explained with general information and discussed
out to the specifications of the assignment. Furthermore; has been mention
about the main objective of this assignment. In addition, the development of
this assignment was justified as well.
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CHAPTER 2
LITERATURE REVIEW
2.1 Introduction
The main goal of this chapter is to review and examine the similar cases
of the same scenario. How engineers can apply the professional conduct code of
BEM and the ethical theory. Then, the first part emphasis on the code of
professional conduct. The second part focuses on the ethical theories. The last part
of this chapter describes similar cases to the given scenario.
Moreover; this chapter discussed some cases, where the BEM code of
professional conduct and ethical theories were breached by an individual or by an
organization; and for the given scenario, the conducts that were breached were
highlighted. The codes selections were performed according to the similarity of
the scenario of the case provided; and the ethical codes are further analyzed using
examples.
2.2 Literature Review
2.2.1 BEM codes of Professional Conduct:
Engineers must follow the Board of Engineers (BEM) Malaysia,
professional codes of conduct as a professional engineer and must be ethical.
There are five major ethical code section with twenty-seven sub sections under.
The most relevant and important section of codes are explained in this literature
and they are as follows:
1.0 A Registered Engineer shall at all times hold paramount the safety, health and
welfare of the public.
2.0 A Registered Engineer shall undertake assignments only if he is qualified by
education and experience in the specific technical fields in which he is involved.
3.0 A Registered Engineer shall issue public statements only in an objective and
truthful manner.
11
4.0 A Registered Engineer shall act for each employer or clients as faithful agent or
trustee.
5.0 A Registered Engineer shall conduct himself honorably, responsibly, ethically and
lawfully so as to enhance the honor, reputation and usefulness of the profession.
Code 1.0 A Registered Engineer shall at all times hold paramount the safety,
health and welfare of the public.
A Registered Engineer shall at all times hold paramount the safety, health,
and welfare of the public.
This code is very important to be adhered by the Professional engineer, so
any person must consider safety, health, and welfare, which means that any
professional engineer must consider all parts of BEM codes to make sure there is
no impact for the society and environment
Table 2.1: Registered Engineer shall at all times hold paramount the
safety, health and welfare of the public (TAN, 2004).
1.1 A Professional Engineer shall approve and sign only those engineering
documents that he has prepared or are prepared under his direct supervision.
1.2 A Professional Engineer shall certify satisfactory completion of a piece of work
only if he has control over the supervision of the construction or installation of
that work, and only if he is satisfied that the construction or installation has
fulfilled the requirements of the engineering design and specifications.
1.3 A Registered Engineer shall not reveal facts, data or information without the prior
consent of the client or employer except as authorized or required by law or when
the withholding of such information is contrary to the safety of the public.
1.4 A Registered Engineer having knowledge of any violation of this code and Local
Authorities regulations shall report thereon to appropriate professional bodies
and, when relevant, also to public authorities and cooperate with the proper
authorities in furnishing such information or assistance as may be required.
1.5 When the professional advice of a Professional Engineer is overruled and
amended contrary to his advice, the Professional Engineer shall, if the
amendment may in his opinion give rise to situation that may endanger life and/or
property, notify his employer or client and such other authority as may be
appropriate and explain the consequences to be expected as a result of his advice
being overruled and amended.
12
Code 2.0 A Registered Engineer shall undertake assignments only if he is
qualified by education and experience in the specific technical fields in which
he is involved.
This code explains that a registered Professional Engineer has full control
over the work allocated or in full control of the supervision done within his/her
area. Codes such as 2.1, and 2.2 gives the registered professional engineer to hold
on the tasks and jobs certified, in order to ensure the verification requirements.
By this code, the registered professional engineer has the control of all
work done before signing and is accountable and answerable for any signature on
inspection of materials, or design being approved, under his/her supervision.
Furthermore, the registered Engineer shall undertake assignments only if he is
qualified by education and experience in the specific technical fields in which he
is involved.
Moreover, the registered professional engineer is solely responsible for the
social welfare with utmost trust, honesty, legal, safety and cultural upholds. If the
registered professional engineer overcomes any of the ethics, they must be faced
with the consequences accordingly.
In case of any, overrule of his supervision by the superiors must report to
the BEM, in view of any violation or irregularity of any code of conduct of
professional engineers that might affect the quality of work. Furthermore, the
decision or advice pertaining to any given services related to the engineering work
should be given only by the practicing certified professional engineer and not by
any other person.
Table 2.2: A Registered Engineer shall undertake assignments only if he
is qualified by education and experience in the specific technical fields in which
he is involved (TAN, 2004).
2.1 A Professional Engineer shall not affix his signature to any plan or document
dealing with subject matter in which he lacks competence, nor to any plan or
document not prepared under his direction and control.
2.2 A Professional Engineer shall not accept assignment and assume responsibility for
coordination of an entire project and sign and stamp (P.E. stamp) the engineering
documents for the entire project unless each technical segment of the project is
signed and stamped personally by the qualified engineer who has prepared the
respective segment of the project.
13
Code 3.0 A Registered Engineer shall issue public statements only in an objective
and truthful manner.
This code must be adhered by the Registered Professional Engineer in
order to avoid getting benefits for work in terms of corruption or bribes, in the
form of gifts. So, he/she should not accept any gifts in any form. The professional
engineer must be ethical and professional to work done but is entitled to get
promotions, increments and bonus.
Table 2.3: A Registered Engineer shall issue public statements only in an
objective and truthful manner (TAN, 2004).
3.1 A Registered Engineer shall be objective and truthful in professional reports,
statements and testimony. He shall include all relevant and pertinent
information in such reports, statements, or testimony, which should bear the
date indicating when it was current.
3.2 A Registered Engineer may express publicly only technical opinions that are
founded upon his competence and knowledge of the facts in the subject
matter.
3.3 A Registered Engineer shall not issue statement, criticism or argument on
technical matter that is inspired or paid for by interested parties, unless he
has prefaced his comments by explicitly identifying the interested parties on
whose behalf he is speaking and by revealing the existence of any interest he
may have in the matter.
Code 4.0 A Registered Engineer shall act for each employer or clients as faithful
agent or trustee.
Table 2.4: A Registered Engineer shall act for each employer or clients
as faithful agent or trustee (TAN, 2004).
4.1 A Registered Engineer shall disclose all known or potential conflicts of
interest that could influence or appear to influence his judgement or the
quality of his services.
4.2 A Registered Engineer shall not accept compensation, financial or
otherwise, from more than one party for services on the same project, or for
services pertaining to the same project, unless the circumstances are fully
disclosed and agreed to by all interested parties.
14
4.3 A Registered Engineer shall not solicit or accept financial or other valuable
consideration, directly or indirectly, from outside agents in connection with
the work for which he is responsible.
4.4 A Registered Engineer as advisor or director of a company or an agency
shall not participate in decision with respect to particular services solicited
or provided by him or his organization.
4.5 A Registered Engineer shall not solicit or accept a contract from a body or
agency on which a principal or officer of his organization served as a
member of that body or agency unless with knowledge and consent of that
body or agency.
4.6 A Registered Engineer while acting in his professional capacity shall
disclose in writing to his client of the fact if he is a director or member of or
substantial shareholder in or agent for any contracting or manufacturing
company or firm or business or has any financial interest in any such
company or firm or business, with which he deals on behalf of his client.
4.7 All professional advice shall be given in good faith.
Code 5.0 A Registered Engineer shall conduct himself honourably, responsibly,
ethically and lawfully so as to enhance the honour, reputation and
usefulness of the profession.
Table 2.5: A Registered Engineer shall conduct himself honourably,
responsibly, ethically and lawfully so as to enhance the honour, reputation and
usefulness of the profession (TAN, 2004).
5.1 A Registered Engineer shall not falsify his qualifications or permit
misrepresentation of his or his associates' qualifications. He shall not
misrepresent or exaggerate his responsibility in or for the subject matter of
prior assignments. Brochures or other presentations incident to the
solicitation of employment shall not misrepresent pertinent facts
concerning employers, employees, associates, joint venturers, or past
accomplishments.
5.2 A Registered Engineer shall not offer, give, solicit or receive, either directly
or indirectly, any contribution to influence the award of a contract which
may be reasonably construed as having the effect of intent to influencing
the award of a contract. He shall not offer any gift or other valuable
15
consideration in order to secure work. He shall not pay a commission,
percentage or brokerage fee in order to secure work.
5.3 A Registered Engineer shall check with due diligence the accuracy of facts
and data before he signs or endorses any statement or claim. He shall not
sign on such documents unless, where necessary, qualifications on errors
and inaccuracies have been made.
5.4 A Registered Engineer shall respond, within reasonable time, to
communication from the Board or any other relevant authority on matter
pertaining to his professional service.
5.5 A Registered Engineer shall not maliciously injure or attempt to
maliciously injure whether directly or indirectly the professional
reputation, prospect or business of another Engineer.
5.6 A Registered Engineer shall not directly or indirectly
(1) Supplant or attempt to supplant another Engineer;
(2) Intervene or attempt to intervene in or in connection with engineering
work of any kind which to his knowledge has already been entrusted to
another Engineer; or
(3) Take over any work of another Engineer acting for the same client
unless he has
(i) Obtained a letter of release from the other Engineer or obtain such letter
through the client, provided that this requirement may be waived by the
Board; or
(ii) Been formally notified by the client that the services of that other
Engineer have been terminated in accordance with the provisions of any
contract entered into between that Engineer and the client; provided always
that, in case of dispute over non-payment or quantum of any outstanding
fees, the client shall request the Board to be the stakeholder under the
provision of Section 4(1)(e)(ea)
5.7 Except with the prior approval of the Board, a Registered Engineer shall
not be a director or executive of or substantial shareholder in or agent for
any contracting or manufacturing company or firm or business related to
building or engineering. If such approval is given, such Engineer shall not
undertake any contract work wherein he is engaged as a consulting engineer
in such project unless it is in respect of a "design and build" project.
16
5.8 A Registered Engineer shall not be a medium of payment made on his
client's behalf unless he is so requested by his client nor shall he, in
connection with work on which he is employed, place contracts or orders
except with the authority of and on behalf of his client.
5.9 A Registered Engineer shall not
(1) Offer to make by way of commission or any other payment for the
introduction of his professional employment; or
(2) Except as permitted by the Board, advertise in any manner or form in
connection with his profession.
5.10 A Professional Engineer in private practice shall not without the approval
of the Board enter into professional partnership with any person other than
a Professional Engineer in private practice, a Registered Architect, a
Registered Quantity Surveyor or a licensed Land Surveyor.
MBOT GUIDELINES FOR CODE OF PROFESSIONAL CONDUCT
Five (5) Main Section for Code of Ethics
1. A Registered Engineer shall at all times hold paramount the safety, health
and welfare of the public.
2. A Registered Engineer shall undertake assignments only if he is qualified
by education & experience in the specific technical fields in which he is
involved.
3. A Registered Engineer shall issue public statements only in an objective and
truthful manner.
4. A Registered Engineer shall act for each employer or clients as faithful
agent or trustee.
5. A Registered Engineer shall conduct himself honourably, responsibly,
ethically and lawfully so as to enhance the honour, reputation and usefulness
of the profession.
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2.2.2 Cases study
Case study (1)
Danish Kazmi1 Sadaf Qasim S. H. Harahap & Syed Baharom (2017),
discussed the popular accident of landslide of highland towers 1993. The results
of the research found that ignoring safety measurements and environmental
concerns can lead to disastrous outcome. Slope engineering is concentrated on
landslides. Nowadays, landslides occur due to gross mistake or Labour faults.
A lot of factors determine the accident on that day, the most one is an
engineering team being stingy and money greed to finish project quickly and save
money. The drainage lines were jammed and inefficient (Danish,Sadaf &Syed,
2017).
The paper was searching by investigating via fault tree analysis (FTA) to
study human error caused to fail the people who died. The chances of landslide in
different event were studied, but due to other factors.
Figure 2.1: Sequence of Retrogressive Landslides
(Danish,Sadaf &Syed, 2017)
Figure 2.1 shows the causes of the landslide, the instability of the rail pile
foundation, which was not built for lateral loading. Also, lack of maintenance of
drains with inadequate provision of drainage. (Diamond, 1985).
18
Comparing this case with our case, indicates when it comes to life related
project, everything has to be carefully done. Choosing environment over making
more money is the right call that was not made that day.
In another study, Roli Varma & Daya R. Varma wrote about The Bhopal
Disaster of 1984. The world’s worst industrial disaster in Bhopal, India, occurred
because of inadequate maintenance by Union Carbide and poor monitoring by the
Indian authorities.
Malfunctioning safety measurements, inappropriate location of the plant,
and lack of information about the identity and toxicity of the gas that had effects
for long term. On December 2, 1984. Approximately, 30 of the 42 metric tons of
MIC stored in Tank 610 of the UCIL pesticide plant leaked with high velocity in
45-60 minutes causing clouds of death.
The dense cloud of the heavier-than-air gas. Ignoring environment caused
a disaster, spending extra money for avoiding a historical disaster and pile of
lawsuits sounds like a clear decision. Exposing everyone’s live for extra cash and
delay is non-negotiate.
The careless actions toward environment were unbelievable. MIC was
stored in three tanks, each with a capacity of 15,000 gallons. All the tanks used
and none left for emergency, plus it supposed to be half used not fully used. In
US, Germany and Japan tanks expected never be used in huge quantity.
In Bhopal. Tank 610 had 6.4 tons of MIC that been reserved for 55 days
before the accident. It was fully occupied with the gas. The Tank 610 was 87%
full, which is far above the recommended capacity of 50% (Diamond, 1985).
The company saved money by avoiding buying refrigerators to keep the
gas cold. Another, careless action is reducing important staff to save money over
safety. The staff reduced from 12 operators, 3 supervisors, 2 maintenance
supervisors, and 1 superintendent per shift to 6 operators, 1 supervisor, and no
obligatory superintendent (R.Varma, 1986). This extreme case clearly supports
buying the chimney in order to avoid disasters in future (Danish,Sadaf &Syed,
2017)
19
Case Study 2:
Sulaima et al., (2014) presented the case study of the Hotel New World
tragedy. The building was collapsed on the 15th
March 1986 and post the collapse,
an investigation was done to determine the major cause. Some of the major causes
speculated were swampy land, bad concrete mixture and internal explosion,
however the actual cause was found to be due to miscalculation in the design stage
by the engineer. This has led to the building failure. This includes the endorsement
of the Building Control act 1989 along with Building control regulation 1989 as
a stricter quality measure. (Sulaima, Lew & Azily, 2014)
The analysis inferred that this mistake has happened due to Engineer’s
negligence in carrying out his/her duties. The case study concluded that duty ethics
and right ethics were not adhered by the engineer which has led to the collapse of
the Hotel New World. (Sulaima, Lew & Azily, 2014)
The ethical issues raised through this case study are as follows:
• Why the engineer design calculations were wrong?
• Were the building materials used superior and were in correct ratio?
• How did the engineer signoff without verifying?
• Did the engineer abide his duties ethically?
Figure 2.2: Additional loads to the building
(Sulaima, Lew & Azily, 2014)
20
Figure 2.3: Two columns that collapsed in the beginning
(Sulaima, Lew & Azily, 2014)
Figure 2.4: Before and after the building collapsed.
(Sulaima, Lew & Azily, 2014)
21
Case Study 3 which is given in the assignment:
Ir. Jason is a certified professional engineer who works at XY Chemical
Factory. Ir. Jason is responsible for checking and monitoring the disposable of
chemical wastes from the factory which is stored in a warehouse at an off-site
location. He reports to Ir. Daniel who is the Head of XY’s Division of Chemical
Waste.
In the course of his work, Ir. Jason discovered that there are several leaking
drums. Ir.Jason tried to inform this matter to Ir.Daniel. Ir.Daniel responded by
telling to Ir.Jason that he will bring few workers to bring back the leaking drums
to the factory and dispose it through the river situated behind XY Chemical
Factory as what he has been always doing it. Ir.Jason mentioned to Ir.Daniel that
the law forbids from returning chemical waste to the factory site and requires it to
be disposed according to the Department of Environment laws. However,
Ir.Daniel is just not willing to listen to Ir.Jason as he questions why the need to
bother when there are no problems that will be faced by XY Chemical Factory.
Ir. Jason is in a dilemma as he wishes to continue working here and has no
plans to resign or find another job. Ir.Jason is worried that wrong procedure of
chemical wastes disposal will be hazardous to human kind and nature; even
casualties if not solved at the right time which could lead to XY Chemical Factory
getting into serious legal difficulties.
As an Engineer, analyze and justify:
1. Ir. Jason’s professional responsibilities in this situation.
2. Ir. Daniel’s responsibilities to XY Chemical Factory.
3. XY Chemical Factory responsibilities in this situation.
4. How you would respond to this situation.
From the cases study above will be used some codes of BEM codes, based
on this code will analyze for each case study, also will solve the impact of this
scenarios to be more ethical and environmentally. Furthermore, in this assignment
will solve some of the ethical issues which happened before the solution will be
based on BEM codes, ethical theories and line drawing analysis.
BEM’s Code of Professional Conduct for the cases study
Based on the Board of Engineers Malaysia (2004), CIRCULAR NO. 001
guidelines for Code of Professional Conduct (BEM/RD/PPC/08) the professional
conduct are shown on table 2.10. Moreover, has been selecting some of the BEM
22
codes to solve the problems for the cases above each case has different problems
and also each problem needs some codes to follow.
Table 2.6: The selecting BEM’s Code of Professional Conduct.
Code
Number
BEM’s Code
1.1 A Professional Engineer shall approve and sign only those engineering
documents that he has prepared or are prepared under his direct
supervision.
1.2 A Professional Engineer shall certify satisfactory completion of a piece
of work only if he has control over the supervision of the construction
or installation of that work, and only if he is satisfied that the
construction or installation has fulfilled the requirements of the
engineering design and specifications.
1.5 When the professional advice of a Professional Engineer is overruled
and amended contrary to his advice, the Professional Engineer shall, if
the amendment may in his opinion give rise to situation that may
endanger life and/or property, notify his employer or client and such
other authority as may be appropriate and explain the consequences to
be expected as a result of his advice being overruled and amended.
2.2 A Professional Engineer shall not accept assignment and assume
responsibility for coordination of an entire project and sign and stamp
(P.E. stamp) the engineering documents for the entire project unless each
technical segment of the project is signed and stamped personally by the
qualified engineer who has prepared the respective segment of the
project.
3.1 A Registered Engineer shall be objective and truthful in professional
reports, statements and testimony. He shall include all relevant and
pertinent information in such reports, statements, or testimony, which
should bear the date indicating when it was current.
4.2 A Registered Engineer shall not accept compensation, financial or
otherwise, from more than one party for services on the same project, or
23
for services pertaining to the same project, unless the circumstances are
fully disclosed and agreed to by all interested parties.
5.1 A Registered Engineer shall not falsify his qualifications or permit
misrepresentation of his or his associates' qualifications. He shall not
misrepresent or exaggerate his responsibility in or for the subject matter
of prior assignments. Brochures or other presentations incident to the
solicitation of employment shall not misrepresent pertinent facts
concerning employers, employees, associates, joint venturers, or past
accomplishments.
5.5 A Registered Engineer shall not maliciously injure or attempt to
maliciously injure whether directly or indirectly the professional
reputation, prospect or business of another Engineer.
Table 2.6 shows professional codes of conduct related to our scenarios. In
code 1.1, an engineer must have knowledge of every paper signed. The signing
must be aware of all consequences. The engineer must make a statement about the
confirmation of equipment.
Code 1.2, the engineer must respond and obey the employer to provide
service suitable to the scenario. Despite the environment, the engineer should
listen to the boss. In code 1.2, the engineer takes tasks that he/she has the ability
to meet. The qualification must be met with experience. The job assigned is
complicated and needs an experienced engineer.
Code 1.5, before signing and giving the approval to the project, the
engineer should know the givens and consequences excluding manager orders and
be justified in decision making, because managers think about making money and
skip environmental regulation.
Code 2.2 responsibility is big in the case because almost RM550000
involved and environment approval considerations, the job assigned is huge and
engineer must not sign documents if it is not under his/her scope of work.
Everyone has scope of work and engineer must refuse to be involved.
In codes related to engineer with control over supervision. Code 2.2 states
that engineer should satisfy tasks he/she assigned for. Completion is a must if
supervisory work is given. Building chimney is supervised by an engineer, so in
24
this code, there is no upper managerial effect on the decision even though, the
manager requires job to be done for profit and time.
Code 5.1, taking the job means full responsibility on that piece of work.
Building chimney or side with environmental approval from DOE are two
different approaches and the responsibility is huge in a matter of your job, it is
either a suicidal move in terms of your career or a thrived step in your career.
Code 5.5, overruling your decision as an engineer, the engineer can defend
himself/herself if and only if there is a danger to safety. The environment is
endangered if the company ignore building chimney. DOE approval is important
to clear your name, so any threat to public and health won’t concern you later with
DOE approval.
2.2.3 Ethical Theories:
Ethical theories play a vital role in making ethical decisions that
are very apt as the solution to the complex engineering problem addressed. They
form the basic guidance in providing the fundamentals of Ethical principles, and
theories related to decision making.
There are four major ethical theories to be adapted for decision making to
solve complex engineering principle. Moral theories are found to help us
understand ethical cases that encounter engineers. Harris and Rabins (2014)
described it as the terms in uniform ways and links ideas with problems together
inconsistent ways. They are not algorithms to rectify complex dilemmas, they give
guidance and systemic understanding.
In engineering, applied ethics have to be known by engineers, because
they become handy and assist us in solving problems. In our scenarios, been
selected to take harsh decision is unfair, but it is part of the job you signed for.
Either you side with the environment or your scope of work and ignore DOE
without paying extra RM555000 for chimney. Ethical theories in engineering are
varied in different cases. The theories that can be used in our cases are:
a. Relativism
Ethics of Relativism is defined to relativity of morality. It depends on the
society’s morality of being whether right or wrong depending on the practice
done. This is because, an action or solution in one country or society would be
correct while the same in another country or society may be wrong. For example,
25
it is quite common and legal to possess a gin in Yemen, while it is not common
and legal to possess the same in Malaysia. Thus, it depends on the relativity. There
no definitive line between right and wrong.
There is no universal standard that separate right from wrong. It is relative
to one’s own society, generation or time. Based on your own judgment and the
way you see things with experience, the decision is formed. For example, you
were born and raised with some standards such as religious ones. Wearing
miniskirts is not accepted by your background, long nails are not accepted too.
Miniskirts are accepted in other countries especially the western ones. You either
adapt or perish. Standards are different from different contraries.
b. Utilitarianism –
Ethics of Utilitarianism is defined to be the ability to predict the
consequences of any action. This theory helps to compare and make decisions that
are predicted for similar solutions. This theory points out the best solution, thereby
the advantage of this ethical theory.
Simply makes the use of utilization. Example, consider the airline
industry where it offers tickets to first-class or Business class and Economy class.
Business-class passengers pay more and get more benefits based on the airline,
compared to the economy class. The economy class is introduced to meet the
financial burdens of the airline, which is based on the Utilitarian Ethics. Right
and wrong fully depends on the outcomes or consequences of selecting one action
over other actions.
Simply, others interest over your interests even though it exceeds your
scope of work. In our case, listening to your supervisor and proceed will result in
making others happy and yourself unsatisfied, because in the near future when
possibly DOE fine the factory, it will be your head on a spike. the right action is
one that overall has good consequences, the wrong action is one that overall has
bad consequences. Which it is divided into two:
1) Act-utilitarianism:
The person act is right if it results in the best outcomes in that particular
situation. The act is considered bad if the results are bad. It concentrates on
individual actions more than rules.
2) Rule-utilitarianism:
Defined one form of utilitarianism that states an action turn into a habit or
right conforms that can rule and leads to the greatest good. An act is wrong if it
26
crosses a rule. Mainly, focusing on the overall consequences of rules, rather than
individual action. The two types of Utilitarian Ethics are Act and Rule. Rule
Utilitarian is applied to benefit those people by applying the fairest methods
possible, while the Act Utilitarian is applied to ethical problems to benefit most
of the people.
c. Virtue Ethics –
Ethics of Virtue is defined as the ability to characterize a person for a given
scenario. A person is decided to be ethical and professional, as long as the person
has a good record of the character portrayed, living and practicing ethics, applying
and demonstrating the same, when executing the duties.
Moreover; it defined as one of the three major approaches in normative
ethics. Emphasizes the virtues or moral character of singles, when engineer knows
duties and rules that called deontology and knows there are consequences of
action called consequentialism. It determines an ethical approach that follows a
moral compass everyone has. It feels wrong then do not do it as simple as that. It
tells the type of people that individuals must be like. Virtue ethics is often defined
as moral distinction and goodness and emphasizes on virtues and morality.
d. Duty Ethics –
Ethics of Duty and Right are defined to apply for those people who are
honest, execute their duties professionally and ethically, correctly and by the
rights of codes of conduct. The person must not be corrupted and selfish. The
rightness or wrongness of actions does not depend on their consequences but on
whether they fulfill our duty (Kant, 1802). As long the task is done then nothing
matters, despite you do the wrong action, but the task is achieved then you are
fine. Seems like a wrong approach, but it is applicable for some cases. Everyone
has duties and obligations toward others and it focuses on what people do, not
with the consequences of their actions.
Duty ethics is with following orders from the company and ignore DOE
approval. An approach Kant’s explained that the situation is considered a duty if
it could be destined for all people to do. What is good about everyone doing their
duty? There are cracks in the system if the method is followed, sometimes self-
act is needed to make decisions. Another approach by Ross tries to get around this
problem by creating “prima facie duties”, which are duties that every rational,
reflective person would accept.
27
e. Right Ethics-
There are rights that have positive and negative sides, human do mistakes
and have right because no one is perfect. These rights can be natural or
conventional that are out of hand. The rights are legal, social, or ethical principles
of freedom or entitlement. Action is accepted if it concerns the human rights of
everyone involved regardless of the consequences of such actions. Not all rights
are granted if it violates others right. For example, playing loud music in the
workplace is your right, but it violet others rights to work quietly.
Table 2.7: Ethical Theories
Acts are morally right when Sub-theory Ethical Theory
Locke: Rights as entitlements that prevent other
people from meddling in other's lives - these
Liberty, or negative rights, place duties on other
people not to interfere with one's life Melden: The
capacity to show concern for others and to be
accountable within a moral community.
Locke & Melden Right Theories
Leads to a happy life that comes from cardinal
virtues like wisdom, courage, temperance, and
justice.
Aristotle
& MacIntyre
Virtue
Theories
Represent moral with people like showing respect
for people who deserve this respect because they
have inherent worth as human beings who have the
capacity to make moral judgments and to act with
good will. This capacity gives them "human
dignity."
Immanuel Kant Duty Theories
Following the guidance like keep promises.
Unless stronger moral considerations override
Ross Duty Theories
Focus on individual actions, rather than general
rules. When producing the most good for the most
people involved in the particular situation
Act- utilitarianism Utilitarianism
28
Discounting the pleasure of an individual when
compare to a group and produce the most good for
the most people.
Rule-
utilitarianism
Utilitarianism
When matter of culture, religion and taste
are ok and supporting the legal concerns.
Without tolerating the different ways that
people choose to live.
Simon Blackburn Utilitarianism
29
CHAPTER 3
ETHICAL PROBLEM ANALYSIS AND DISCUSSION
3.1 Introduction
The scenarios given have relevancy but complicated at the same time
when it comes to some codes. A lot of contradictions faced. The decision must
be based on the least consequences. Analyzing BEM codes will provide a
clearer image of deciding.
BEM codes were found to justify situations like our scenarios. BEM
codes and ethical theories based on the sections reviewed in the literature
review. three examples were studied, violating safety measurements caused
severe disastrous results. The situation will be highlighted from a different
point of view to justify action.
3.2 Ethical Theories on the first case study (scenario)
As an engineer in GT Palm Power Solutions Bhd (GTPPS), I am
assigned to set up a factory in Semenyih Industrial Estate Malaysia. The factory
is to process OIL Palm Empty Fruit Bunches (EFB) to convert it into Fuel
Pellets (FP).
Equipment contracted from UTS local supplier. Equipment includes a
furnace that can hurt the environment. An approval from DOE is needed but it
takes 3- 6 months. Flue gas stack or chimney cost RM550000 is needed to get
that approval.
From ethical theories, table 3.1 shows ethical theories act on the
scenario. I have pressure since it took me so long to find a job and DOE and
BEM can aid me to find a job later in the near future if some accident occurs.
30
3.2.1 Ethical Problem Analysis based on Ethical theories
Table3.1: Ethical Theories angle from the First scenario
Ethical Theory Applied on Scenario
Right Theory Morality as a human will stop you from ignoring DOE approval,
because pollution can endanger public health.
I have the right to not listen to managing director.
Virtue Theories Fear nothing and proceed with installation for scheduled production.
Wisely, get DOE approval to avoid consequences and if MD cross
lines, then you have no violations.
Duty Theories Good will means not harming your commitment to the company, but
you have another commitment toward BEM, so approval from DOE
is the right decision.
Utilitarianism Act- Utilitarianism: individually, proceed with project and listen to
MD, since it means that I get to keep my job and gain experience.
Rule- Utilitarianism: rules are rules and DOE approval is a must.
Relativism Legal concerns state that DOE is important and in a country like Malaysia,
environment comes first. In Malaysia there are rules for whoever cut a tree.
Six theories divided into two categories. You spend RM550000 and wait
about 3-6 months to get DOE approval or you proceed with installations. Figure
3.1 displays the point of illustration:
Figure 3.1: Ethical Theories point chart
31
It is clearly seen that seeking approval from DOE has the majority in terms
of ethical theories. Another moral compass is studying BEM codes and compare
it into the scenario.
3.2.2 BEM Codes on the first case study
The scenario compared with the Board of Engineering Malaysia has eight
linked codes of conduct.
Code 1.1
1.1 A Professional Engineer shall approve and sign only those engineering
documents that he has prepared or are prepared under his direct supervision. He
shall not sign on such documents unless, where necessary, he has made
qualifications on errors and inaccuracies.
The DOE approval is necessary on paperwork because doing rubbish work
might come later in the near future and cause troubles. The inaccuracies fall into
doing work without signing DOE papers that will result in money and time losses
at that time but secure the work later. Been inexperience engineer gives no
authority on high level to sign to progress the work, so the MD must sign the final
decision, not me.
Code 1.2
1.2 A Professional Engineer shall certify satisfactory completion of a piece
of work only if he has control over the supervision of the construction or
installation of that work, and only if he is satisfied that the construction or
installation has fulfilled the requirements of the engineering design and
specifications.
Responding fast and not wasting time is encouraged. Time is money and
if the project delay 3-6 months, then DOE path is not the MD concern.
Communication should be valid between UTS and GTPPS, as an engineer you
link between them in order to reach a new agreement that does not include DOE
approval.
Code 1.4
1.4 A Registered Engineer having knowledge of any violation of this code
and Local Authorities regulations shall report thereon to appropriate professional
bodies and, when relevant, also to public authorities and cooperate with the proper
authorities in furnishing such information or assistance as may be required.
32
From this code Ir. Jason must submit a report to them to appropriate
professional bodies if there are any problems which may impact on the population,
so the chemical west will effect on the environment and society and Ir. Jason must
report for this issue.
Code 1.5
1.5 When the professional advice of a Professional Engineer is overruled
and amended contrary to his advice, the Professional Engineer shall, if the
amendment may in his opinion give rise to situation that may endanger life and/or
property, notify his employer or client and such other authority as may be
appropriate and explain the consequences to be expected as a result of his advice
being overruled and amended.
Same as code 1.4, the situation does not lay in my expertise. It’s more into
managing field than engineer. Being a consulting engineer needs experience and
challenges will make me better engineer, so again going with instinct and get DOE
approval.
Code 2.2
2.2 A Professional Engineer shall not accept assignment and assume
responsibility for coordination of an entire project and sign and stamp (P.E. stamp)
the engineering documents for the entire project unless each technical segment of
the project is signed and stamped personally by the qualified engineer who has
prepared the respective segment of the project.
Responsibility is huge. If anything goes wrong, the consequences are big
according to environment. If MD fires you, then you still have clear record of
doing your job right and you can sue company for mistreating and violating codes.
Qualification is from MD, even though he/she gave permission to deal with the
situation, so I will get DOE approval and MD cannot harm my case.
Code 3.1
3.1 A Registered Engineer shall be objective and truthful in professional
reports, statements and testimony. He shall include all relevant and pertinent
information in such reports, statements, or testimony, which should bear the date
indicating when it was current.
Efficiency in completion of work should not be affected by external
factors unless it is related to public health. Installment from UTS are needed but
they are not willing to negotiate the delay from DOE, so no options left except
terminating the contract, harming public health is a serious violation.
33
Code 4.2
4.2 A Registered Engineer shall not accept compensation, financial or
otherwise, from more than one party for services on the same project, or for
services pertaining to the same project, unless the circumstances are fully
disclosed and agreed to by all interested parties.
Liability and responsibility are up to you, since it is granted from MD.
Asking yourseld the right question, what are the priorities? The priorities are
finishing the task, follow MD orders and satisfy all linked authorities, but it is
impossible.
Code 5.1
5.1 A Registered Engineer shall not falsify his qualifications or permit
misrepresentation of his or his associates' qualifications. He shall not misrepresent
or exaggerate his responsibility in or for the subject matter of prior assignments.
Brochures or other presentations incident to the solicitation of employment shall
not misrepresent pertinent facts concerning employers, employees, associates,
joint venturers, or past accomplishments.
In this code is nor allow for the professional engineer to gives his
qualification to others and he or permit misrepresentation this is important to be
consider also if you are looking for job and so on.
Code 5.5
5.5A Registered Engineer shall not maliciously injure or attempt to
maliciously injure whether directly or indirectly the professional reputation,
prospect or business of another Engineer.
In this code is not allow for the professional engineer hurt the society and
environment directly or indirectly, he/ she must consider all the consequences and
he/she must find any solution to solve the problems which may affect or injure the
society and environment
3.2.3 Public Health Endangerment
The gasses coming from burning in the furnace are harmful when released
to air. The gasses like greenhouse gases, nitrogen dioxide and CO2 can cause
severe damages to public health. The diseases and illness coming from the burning
in the furnace are headache, dizziness, nausea, eye and throat irritation. With more
minor effects like fatigue, breathing problems and pale skin.
34
The list is long of the harmful aspects from the released gasses. The most
dangerous disease from the gases is cancer especially lung cancer. DOE is
important to clear your hands, the RM555000 is nothing compared to lawsuits the
company might get from people getting sick from the gasses.
3.2.4 DOE Legal Requirements
The presence in or introduction into the air of a substance which has
harmful or poisonous effects HSE Consideration in long term. Harms like Carbon
Monoxide (CO), Carbon Dioxide (CO2), Chlorofluorocarbon (CFC), Odor Toxic,
metal radioactive waste and Dust/ particulates. It impacts human, animal, plants,
material, global warming and acid rain. In exercise of the powers conferred by
section 51 of the Environmental Quality Act, 1974, the Minister after consultation
with the Council makes the following regulations: Environmental Quality (Clean
Air) Regulations, 1978, [PRELIMINARY]
Air impurities" includes smoke, soot, dust, ash (including flyash), cinders,
grit, solid particles of any kind inclusive of particulates, gases, fumes, mist, odours
and radioactive substance which are generated as a result of combustion of fuel
and the like, or a result of the use of electricity as a heat source, or a result of
synthesis, resolution or any other treatment and any other substance which may
be designated by the Minister as those which are liable to affect adversely the
human health or the living environment.
Chimney” includes any structure, opening, vent, flue, conduit, outlet or
any structure constructed or arranged from or through which air impurities may
be emitted, and any reference to a chimney of or used in connection with any
premises, includes a reference to a chimney which serves the whole or a part of
the premises though structurally separate from such premises or building thereon.
Existing facility means any facility already erected, installed, and in
operation prior to the date on which these Regulations come into force; and
includes facility already purchased, acquired or under construction on or prior to
such date but does not include facility transferred or moved to a different premise,
site or location for the purpose of erection, installation, operation or use after such
date. For the purpose of this definition, the date of purchase or acquisition of the
facility shall be the date of the first legal commitment made by the purchaser to
buy the principal part, portion or element of the equipment from the vendor.
35
New facility means any plant, equipment, installation in any trade,
business, establishment, or premises and includes any plant, equipment, or
installation purchased or acquired on or after the date on which these Regulations
come into force and which generates, emits, disposes, or scatters air impurities
into the atmosphere
Fuel burning equipment means any furnace, boiler, fireplace, oven, retort,
incinerator, internal combustion engine, vessel, or any other apparatus, device,
mechanism, stack, chimney or structure used in connection with the burning of
any combustible material.
The regulation strongly forbidden buying equipment without the chimney,
producing any kind of harmful particulates is a serious violation and cannot be
accepted by law. New and existing facilities are subjected to stop air harms as
soon as possible or they subjected to fines and closure by the law.
[PENALTY AND FEES]
- (1) Any person who emits or discharges waste in
contravention of regulations 7, 11, 14, 15, 16, 21, 24, 25, 26, 27, 28, 29, 30, 31,
32, 34, and 35 without a license issued under section 22 (1) of the Act shall be
guilty of an offence and shall be liable to a fine not exceeding ten thousand ringgit
or to a term of imprisonment not exceeding two years or to both and to a further
fine not exceeding one thousand ringgit a day for every day that the offense is
continued after a notice by the Director-General requiring him to cease the act
specified therein has been served upon him.
(2) An omission or neglect to comply with, and an act done or attempted
to be done contrary to the provisions of these Regulations other than paragraph
(1) shall be an offense and the offender shall on conviction be liable to a fine not
exceeding five thousand ringgit or to a term of imprisonment not exceeding one
year or to both.
The penalty is RM 10000 and a warning letter with a continuous
inspection. If the premises do not fix the problem and install a chimney, the
facility closes and get fined heavily. Conviction is serious that lead to prison if the
premises insists on violations. One year is given to fix the issue.
36
3.2.5 HSE Consideration
The Complex is subject to a wide range of health, safety and
environmental legislation. The safety legislation covers both "conventional"
safety (slips, trips and falls etc.) and "process safety" with the HSE being the
enforcing authority for all health and safety legislation at the Complex. "Process
safety" legislation, such as the COMAH Regulations, is aimed specifically at
those industries identified as having a major accident potential which could result
in significant on-site and off-site effects to employees, members of the public and
the wider environment.
In terms of environmental legislation BP Grangemouth is subject to the
Environmental Protection Act 1990 and various Integrated Pollution Control
(IPC) Regulations made under this Act. SEPA is the enforcing authority for
environmental legislation at the Complex. Role of the HSE is to enforce relevant
health and safety statutory provisions. “Clean air is considered to be a basic
requirement of human health and well- being. However, air pollution continues to
pose a significant threat to health worldwide.” (WHO 2005). HSE support the
decision of building Chimney and getting DOE approval.
3.2.6 Approaches can be taken
a) Go with installments and avoid DOE approval. MD is the highest rank responsible
and I listen to him/her no matter what.
b) Try to renegotiate with UTS to help with DOE approval despite their reputation.
It is less likely they respond, but throwing some extra cash might work to get DOE
approval and install equipment or help to reduce the price of the chimney with
least period of getting DOE approval which is 3 months.
c) Install the chimney with RM550000 and wait 3-6 months for DOE approval.
d) Try to find another competitor who’s willing to help in the situation, unlike UTS.
e) Convince MD to get DOE approval otherwise I QUIT, which will put a bad image
in the company later on when they get sued.
f) Ethical Problems Techniques
The five solutions vary in their impacts from positive to negative. Line
drawing technique would favor solution and set the most righteous path.
37
Figure 3.2: Line Drawing Analysis
In figure 3.2, solution 3, which is getting DOE approval is the most
suitable solution. Solution 5 by quitting is the worst because it will set a black past
in my CV and finding another job will be hard. The middle solutions are a new
solution that can be found by making efforts toward the conflicting sides.
FOR SECOND CASE STUDY
3.3 Ethical Theories on the Second Scenario
In this chapter, there are four questions that evaluate and will help us to
identify the legal action that has been done by Either Ir. Alan or Ir. Dennis or the
EC developer’s organization itself. Besides that, the codes that they breached
going to be discussed in details regarding the given situations. The four research
questions given to analysis and identify the ethical problem are as follow:
▪ Ir. Alan’s professional responsibilities in this situation.
▪ Ir. Dennis’s responsibilities to EC Developer.
▪ EC Developer’s responsibilities in this situation.
▪ How you would respond to this situation.
3.3.1 Ethical Problem Analysis based on Ethical theories:
Table3.2: Ethical Theories angle from the Second scenario
Relativism Based on the Relativism theory, there is no universal rule or standards or
regulations to say that this is correct and acceptable or this is not a correct
and wrong way of doing the things. Hence, by applying this theory, Ir
Alan can refuse to sign for the building materials which are inferior in
quality and workmanship, which is ethical as per the professional code
38
of conducts and as per the BEM codes of professional conduct. This
ensures the safety of the building and becomes legal decision making.
Further, by applying this theory, Ir Alan can just continue working
without bothering the contractor’s usage of inferior building materials at
the construction site and as suggested by Ir Dennis to ignore as long as
problems at the site are not encountered.
Utilitarianism Based on this theory, one must adhere to the standards or processes or
rules that are implemented in the interest of public welfare. Hence, as per
this theory, Ir Alan must not sign for the building materials when it is of
low quality and when the workmanship is not up to the standards. This
will as per the standards and regulations to be followed by a certified
professional engineer. Ir Alan must make Ir Dennis to realize that it is
unethical if not adhered to the rules and regulations in maintaining the
quality control. This decision is correct as per this theory as it benefits
most of the people.
Moreover, the Act of Utilitarianism theory can be applied by Ir Alan,
whereby the act of going unnoticed on the poor-quality work done by the
contractor cannot be made as it only benefits the contractor and Ir Dennis.
Ir Dennis gets benefitted and hence asks Ir Alan not to bother. This is
against the act of Utilitarianism.
Duty Ethics
and Right Ethics:
By the theory of the Duty Ethics, a certified professional engineer must
be honest and fair while executing his/her duties. The act of executing
the duties must be in the welfare of the public and people’s interest.
According to this assignment, Ir Alan is an honest person which ethics,
as he brings to the notice of the Quality department engineer Ir Dennis,
that the contractor is using poor quality of building material, which might
danger the building to be a disaster or causality. By the BEM codes of
professional engineer and conduct, Ir Alan is ready to report to the EC
developers, considering the safety of the building, legal and social aspect.
But Ir Dennis being another professional engineer doesn’t carry out his
duty correctly, truly and sincerely as per the BEM professional codes of
conduct. He must not keep silent when he knows that the contractor is
using poor quality of the building material and when the workmanship is
poor. Ir Dennis must either warn the contractor for using poor quality or
39
must change the contractor or must report to the EC developers to take
final actions against this. But Ir Dennis has failed from following is
ethical and professional duties which must be followed in serving the
society.
By the theory of Right ethics, every engineer has the right perform his/
her duty sincerely, has the right to liberty, life and property. It is human’s
fundamental right being me and followed. According to this theory, Ir
Alan can overrule Ir Dennis’ decision to avoid any disaster and casualty
in future. By doing this, safety. Legal and societal issues are addressed
by Ir Alan. Hence, this theory is perfectly applicable to the given scenario
of this assignment.
Virtue Ethics By applying the theory of Virtue ethics, certified professional engineers
must have good character by virtue and should exhibit good qualities at
work morally. Ir Alan, by virtue, has good qualities morally
professionally as he is worried about the poor quality being used at the
construction site which might lead to a disaster and causalities. But Ir
Dennis asks Ir Alan to ignore the contractor’s poor quality process
although notified by Ir Alan. In this case, Ir Dennis doesn’t have the
professionalism and is not true, honest and moral to the society and BEM.
Ir Dennis fails to keep up his ethical duties as a certified professional
engineer.
3.3.2 Ethical Problem Analysis based on BEM codes:
The following are the BEM codes of professional conduct to be adhered
by any certified professional engineer, where the assignment based ethical
problems are highlighted with all possible solutions. The solutions provided are
based on the facts, codes of conduct and ethical theories. This is based on the
scenario given in the assignment.
Code 1.1
1.1 A Professional Engineer shall approve and sign only those engineering
documents that he has prepared or are prepared under his direct supervision. He
shall not sign on such documents unless, where necessary, he has made
qualifications on errors and inaccuracies.
40
The DOE approval is necessary on paperwork because doing rubbish work
might come later in the near future and cause troubles. The inaccuracies fall into
doing work without signing DOE papers that will result in money and time losses
at that time but secure the work later. Been inexperience engineer gives no
authority on high level to sign to progress the work, so the MD must sign the final
decision, not me.
Code 1.2
1.2 A Professional Engineer shall certify satisfactory completion of a piece
of work only if he has control over the supervision of the construction or
installation of that work, and only if he is satisfied that the construction or
installation has fulfilled the requirements of the engineering design and
specifications.
Responding fast and not wasting time is encouraged. Time is money and
if the project delay 3-6 months, then DOE path is not the MD concern.
Communication should be valid between UTS and GTPPS, as an engineer you
link between them in order to reach a new agreement that does not include DOE
approval.
Code 1.3
1.3 A Registered Engineer shall not reveal facts, data or information
without the prior consent of the client or employer except as authorized or required
by law or when the withholding of such information is contrary to the safety of
the public.
base on this codes Ir. Jason must get all the information and document
from the Ir. Daniel and he must check all the document and make sure the there
no effect on the society and environment
Code 1.4
1.4 A Registered Engineer having knowledge of any violation of this code
and Local Authorities regulations shall report thereon to appropriate professional
bodies and, when relevant, also to public authorities and cooperate with the proper
authorities in furnishing such information or assistance as may be required.
From this code Ir. Jason must submit a report to them to appropriate
professional bodies if there are any problems which may impact on the population,
so the chemical west will affect on the environment and society and Ir. Jason must
report for this issue.
41
Code 1.5
1.5 When the professional advice of a Professional Engineer is overruled
and amended contrary to his advice, the Professional Engineer shall, if the
amendment may in his opinion give rise to situation that may endanger life and/or
property, notify his employer or client and such other authority as may be
appropriate and explain the consequences to be expected as a result of his advice
being overruled and amended.
Same as code 1.4, the situation does not lay in my expertise. It’s more into
managing field than engineer. Being a consulting engineer needs experience and
challenges will make me better engineer, so again going with instinct and get DOE
approval.
Code 2.2
2.2 A Professional Engineer shall not accept assignment and assume
responsibility for coordination of an entire project and sign and stamp (P.E. stamp)
the engineering documents for the entire project unless each technical segment of
the project is signed and stamped personally by the qualified engineer who has
prepared the respective segment of the project.
Responsibility is huge. If anything goes wrong, the consequences are big
according to environment. If MD fires you, then you still have clear record of
doing your job right and you can sue company for mistreating and violating codes.
Qualification is from MD, even though he/she gave permission to deal with the
situation, so I will get DOE approval and MD cannot harm my case.
Code 3.1
3.1 A Registered Engineer shall be objective and truthful in professional
reports, statements and testimony. He shall include all relevant and pertinent
information in such reports, statements, or testimony, which should bear the date
indicating when it was current.
Efficiency in completion of work should not be affected by external
factors unless it is related to public health. Installment from UTS are needed but
they are not willing to negotiate the delay from DOE, so no options left except
terminating the contract, harming public health is a serious violation.
Code 4.2
4.2 A Registered Engineer shall not accept compensation, financial or
otherwise, from more than one party for services on the same project, or for
42
services pertaining to the same project, unless the circumstances are fully
disclosed and agreed to by all interested parties.
Liability and responsibility are up to you, since it is granted from MD.
Asking yourself the right question, what are the priorities? The priorities are
finishing the task, follow MD orders and satisfy all linked authorities, but it is
impossible.
Code 5.1
5.1 A Registered Engineer shall not falsify his qualifications or permit
misrepresentation of his or his associates' qualifications. He shall not misrepresent
or exaggerate his responsibility in or for the subject matter of prior assignments.
Brochures or other presentations incident to the solicitation of employment shall
not misrepresent pertinent facts concerning employers, employees, associates,
joint venturers, or past accomplishments.
In this code is nor allow for the professional engineer to gives his
qualification to others and he or permit misrepresentation this is important to be
consider also if you are looking for job and so on.
Code 5.5
5.5 A Registered Engineer shall not maliciously injure or attempt to
maliciously injure whether directly or indirectly the professional reputation,
prospect or business of another Engineer.
In this code is not allow for the professional engineer hurt the society and
environment directly or indirectly, he/ she must consider all the consequences and
he/she must find any solution to solve the problems which may affect or injure the
society and environment
3.3.3 All Possible Solutions:
EC developers hires Ir Alan to check and signoff the materials at the
construction site used for the development of buildings, based on ethical, social,
health, legal and cultural aspects of professional codes of conduct. Ir Alan is a
Certified Professional Engineer and reports to Ir Dennis, who is the Quality
Department Engineer at the EC Developers.
But Ir Alan soon discovers that the contractor has used inferior materials
in the buildings in order to save cost. Further, the overall standard of the
workmanship is below the standard expectations at the construction site. But the
43
contractor is still keep going on his work with poor quality of control process at
the construction site. Ir Alan tried to complaint to Ir Dennis many times, but Ir
Dennis doesn’t bother on this, as there are no problems encountered so far at the
construction site.
Ir Alan is worried about the low quality of building materials used at the
construction site which might become a disaster or casualty if not solved at the
correct time. Ir Alan is in a dilemma whether to resign or to find another job or to
continue working here without any care.
The following are the all possible solutions considering the BEM codes of
professional conduct:
1. Ir Alan must not sign off the materials when the quality of the material is poor
in order to save cost.
2. Ir Alan must give warning to the contractor not to compromise on the poor
quality of building materials and workmanship.
3. Ir Alan must discuss with Ir Dennis and the contractor to highlight the ethical
issues considering the building safety and disaster in case of failure against the
quality control process.
4. Ir Alan can bring to the notice of EC developers when Ir Dennis is not listening
to him.
5. Finally, Ir Alan must inform the BEM on this unethical issue and must seek their
intervention to avoid disaster and casualties in future.
3.3.4 Line Drawing Analysis
Line drawing is one of the most prominent ethical based problem
identification and solution technique that can be applied to the given scenario of
this assignment, although there are many techniques. This technique uses the
concepts to identify the problems on a scale that ranges from 1 to 10, classifying
whether the problems are easy or difficult to handle, acceptable or unacceptable.
The scaling is arranged on a horizontal straight line. Problem identification is
concluded if the scale is most acceptable on the straight horizontal line. In such a
case, it will need a solution for the problem identified. BEM professional code of
conduct will be referred to have all possible solutions to be provided by Ir Alan.
44
Figure 3.3: Line drawing analysis for second scenario
1. Ir Alan takes immediate legal action complaining against Ir Dennis and the
contractor to the relevant authorities, before it is being too late.
2. Ir Alan to alert the EC developers regarding the poor building material used and
poor workmanship provided by contractor and ignorance of Ir Dennis.
3. Ir Alan compliant about his supervisor to the BEM.
4. Ir Alan tries to change the contractor’s unethical activity.
5. Ir Alan proposes to change the contractor and the Quality development officer.
6. Ir Alan is warned of being terminated if he doesn’t allow the contractor to proceed.
7. Ir Dennis removes Ir Alan from his position in the company.
8. Ir Alan resigns from the EC developers and looks for another job.
9. Ir Alan recommends new contractor to use good building materials considering
the safety, cost and reliability of the buildings.
10. EC developers replaces Ir Dennis and the contractor.
11. Ir Alan doesn’t care about the safety issues and reliability in the construction site.
12. Ir Alan makes Ir Dennis what he is doing is unethical and changes him to adhere
to the professional codes of conduct.
FOR THIRD CASE STUDY
3.4 Ethical Theories on the third case study (scenario given)
Analyzing the scenario and discuss the various possible solutions and in
end come up with one solution for the problem. after which using the BEM codes
and ethical theories it comes up with the answer to the issues provided above,
from which the final solution would be deducted. So, after defining the
issue/facts/concept, The BEM guidelines was defined for codes of professional
conduct applicable to the given scenario, after which using the BEM codes and
ethical theories, we come up with the answer to the issues provided above, from
which the final solution would be deducted.
45
3.4.1 Ethical Problem Analysis based on Ethical theories
Table3.3: Ethical Theories angle from the Last scenario
Ethical Theory Applied on Scenario
Right Theory Morality as a human will stop you from ignoring DOE approval,
because pollution can endanger public health.
I have the right to not listen to managing director.
Virtue Theories Fear nothing and proceed with installation for scheduled production.
Wisely, get DOE approval to avoid consequences and if MD cross
lines, then you have no violations.
Duty Theories Good will means not harming your commitment to the company, but
you have another commitment toward BEM, so approval from DOE
is the right decision.
Utilitarianism Act- Utilitarianism: individually, proceed with project and listen to
MD, since it means that I get to keep my job and gain experience.
Rule- Utilitarianism: rules are rules and DOE approval is a must.
Relativism Legal concerns state that DOE is important and in a country like Malaysia,
environment comes first. In Malaysia there are rules for whoever cut a tree.
3.4.2 Ethical Problem Analysis based on BEM codes (scenario given)
The following are the BEM Guidelines for Codes of Professional Conduct
which are applicable for the third case study (scenario given)
Code 1.0
1.0: A Registered Engineer shall at all-time hold paramount the safety,
health and welfare of the public.
Code 1.1
1.1 A Professional Engineer shall approve and sign only those engineering
documents that he has prepared or are prepared under his direct supervision. He
shall not sign on such documents unless, where necessary, he has made
qualifications on errors and inaccuracies.
The DOE approval is necessary on paperwork because doing rubbish work
might come later in the near future and cause troubles. The inaccuracies fall into
doing work without signing DOE papers that will result in money and time losses
at that time but secure the work later. Been inexperience engineer gives no
46
authority on high level to sign to progress the work, so the MD must sign the final
decision, not me.
Code 1.2
1.2 A Professional Engineer shall certify satisfactory completion of a piece
of work only if he has control over the supervision of the construction or
installation of that work, and only if he is satisfied that the construction or
installation has fulfilled the requirements of the engineering design and
specifications.
Responding fast and not wasting time is encouraged. Time is money and
if the project delay 3-6 months, then DOE path is not the MD concern.
Communication should be valid between UTS and GTPPS, as an engineer you
link between them in order to reach a new agreement that does not include DOE
approval.
Code 1.3
1.3 A Registered Engineer shall not reveal facts, data or information
without the prior consent of the client or employer except as authorized or required
by law or when the withholding of such information is contrary to the safety of
the public.
Based on this codes Ir. Jason must get all the information and document
from the Ir. Daniel and he must check all the document and make sure the there is
no effect on the cecity and environment
Code 1.4
1.4 A Registered Engineer having knowledge of any violation of this
code and Local Authorities regulations shall report thereon to appropriate
professional bodies and, when relevant, also to public authorities and cooperate
with the proper authorities in furnishing such information or assistance as may be
required.
From this code Ir. Jason must submit a report to them to appropriate
professional bodies if there are any problems which may impact on the population,
so the chemical west will affect on the environment and society and Ir. Jason must
report for this issue.
Code 1.5
1.5 When the professional advice of a Professional Engineer is overruled
and amended contrary to his advice, the Professional Engineer shall, if the
amendment may in his opinion give rise to situation that may endanger life and/or
47
property, notify his employer or client and such other authority as may be
appropriate and explain the consequences to be expected as a result of his advice
being overruled and amended.
Same as code 1.4, the situation does not lay in my expertise. It’s more into
managing field than engineer. Being a consulting engineer needs experience and
challenges will make me better engineer, so again going with instinct and get DOE
approval.
Code 2.0
2.0 A Registered Engineer shall undertake assignments only if he is
qualified by education and experience in the specific technical fields in which he
is involved.
Code 2.2
2.2 A Professional Engineer shall not accept assignment and assume
responsibility for coordination of an entire project and sign and stamp (P.E. stamp)
the engineering documents for the entire project unless each technical segment of
the project is signed and stamped personally by the qualified engineer who has
prepared the respective segment of the project.
Responsibility is huge. If anything goes wrong, the consequences are big
according to environment. If MD fires you, then you still have clear record of
doing your job right and you can sue company for mistreating and violating codes.
Qualification is from MD, even though he/she gave permission to deal with the
situation, so I will get DOE approval and MD cannot harm my case.
Code 3.0
3.0 A Registered Engineer shall issue public statements only in an
objective and truthful manner.
Code 3.1
3.1 A Registered Engineer shall be objective and truthful in professional
reports, statements and testimony. He shall include all relevant and pertinent
information in such reports, statements, or testimony, which should bear the date
indicating when it was current.
Efficiency in completion of work should not be affected by external
factors unless it is related to public health. Installment from UTS are needed but
they are not willing to negotiate the delay from DOE, so no options left except
terminating the contract, harming public health is a serious violation.
48
Code 4.0
4.0 A Registered Engineer shall act for each employer or clients as faithful
agent or trustee.
Code 4.2
4.2 A Registered Engineer shall not accept compensation, financial or
otherwise, from more than one party for services on the same project, or for
services pertaining to the same project, unless the circumstances are fully
disclosed and agreed to by all interested parties.
Liability and responsibility are up to you, since it is granted from MD.
Asking yourseld the right question, what are the priorities? The priorities are
finishing the task, follow MD orders and satisfy all linked authorities, but it is
impossible.
Code 5.0
5.0 A Registered Engineer shall conduct himself honourably, responsibly,
ethically and lawfully so as to enhance the honour, reputation and usefulness of
the profession.
Code 5.1
5.1 A Registered Engineer shall not falsify his qualifications or permit
misrepresentation of his or his associates' qualifications. He shall not misrepresent
or exaggerate his responsibility in or for the subject matter of prior assignments.
Brochures or other presentations incident to the solicitation of employment shall
not misrepresent pertinent facts concerning employers, employees, associates,
joint venturers, or past accomplishments.
In this code is nor allow for the professional engineer to gives his
qualification to others and he or permit misrepresentation this is important to be
consider also if you are looking for job and so on.
Code 5.5
5.5 A Registered Engineer shall not maliciously injure or attempt to
maliciously injure whether directly or indirectly the professional reputation,
prospect or business of another Engineer.
In this code is not allow for the professional engineer hurt the society and
environment directly or indirectly, he/ she must consider all the consequences and
he/she must find any solution to solve the problems which may affect or injure the
society and environment 5.5: A Registered Engineer shall not maliciously injure
49
or attempt to maliciously injure whether directly or indirectly the professional
reputation, prospect or business of another Engineer.
Now using the BEM's Code of Ethics, Ethical Theories and Hypothetical
situations we will try to answer the moral issues/facts and come up with various
possible solutions by analyzing the scenario from different angles. The solutions
which lead up to an ethical solution in the end will be defined below. Here is some
of the relevant information obtained from answering the issues defined in
introduction:
As, the department of environment is a very prestigious and known body,
to follow its requirement is very important as, plus it has very stringent norms. So,
it becomes necessary to treat the chemical wastes properly before releasing or
dispose it in the river. Hence, it's the duty of Ir. Jason’s- in charge to report the
problem.
Need to check the volume of the leakage, need to come up with data to
analyze if the leakage is major or minor. Need the data, so that if Ir. Jason’s plans
to complain, he has enough data to back him. Plus, to know, if the leaked volume
of chemical wastes without treatment would create any problems to the river
ecological system and the local community.
Ir. Jason’s has got the data which tells him, that the leakage into the river
is enough to cause deficiency of oxygen to fishes in the region (where chemical
wastes is being released from the treatment plant), if the leakage isn't rectified at
earliest possible the fishes in the area would start dying very soon.
The leakage is enough to cause harm to the local community, as fish is the
main part of their diet, if they die, the local community will start starving, plus the
river water is used by the local community (poor) for drinking and bathing
purposes.
3.4.3 All Possible Solutions:
Now after getting the relevant information, the options for solution
according to BEM's codes and ethical theories in front of engineer are as
following:
1) Ir. Jason’s has moral obligation, to abide by BEM's code of professional conduct.
Therefore, He has to inform the DOE or any other concerned authority regarding
ENGINEER IN SOCIETY
ENGINEER IN SOCIETY
ENGINEER IN SOCIETY
ENGINEER IN SOCIETY
ENGINEER IN SOCIETY
ENGINEER IN SOCIETY
ENGINEER IN SOCIETY

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ENGINEER IN SOCIETY

  • 1. i ENGINEER IN SOCIETY (EE014-3.5-3-EIS) INDIVIDUAL ASSIGNMENT STUDENT NAME : MAHMOOD ABDULJABBAR STUDENT NUMBER : TP040947 INTAKE : APU4F1903PE PROGRAMME : PETROLEUM ENGINEERING LECTURER NAME : Ir. Dr. DHAKSHYANI A/P RATNADURAI ASIA PACIFIC UNIVERSITY OF TECHNOLOGY & INNOVATION FACULTY OF COMPUTING, ENGINEERING & TECHNOLOGY SCHOOL OF ENGINEERING 30/9/2019
  • 2. ii ACKNOWLEDGMENT I would like to thank God as the Creator of the world for all his help during the elaboration of this work and for keeping me alive and giving me the strength in the presence of weakness, in performing this assignment, I had to take the help and guidelines of some respected persons, who deserve my greatest gratitude, the completion of this report gives me much pleasure. I would like to show my deepest gratitude to Ir. Dr. DHAKSHYANI A/P RATNADURAI for giving me good guidelines for the report throughout numerous consultations. Moreover, I would also like to expand my gratitude to all those who have directly and indirectly guided me in writing this assignment. Moreover, I would like to express my gratitude towards my parents & my friends for their kind co-operation and encouragement which help me in completion of this assignment. I would like to express my special gratitude and thanks to all individuals for giving me such attention and time. My thanks and appreciations also go to APU University in developing the project and people who have willingly helped me out with their abilities.
  • 3. iii ABSTRACT The assignment outlines the professional codes of conduct relevant to BEM and adhered by professional engineers who serve to the society considering or exhibiting with legal, safety health, cultural and societal values. A certified professional engineer holds high dignity, ethics, professional, moral values in making decisions at the place of work. The main objective of this assignment is to examine, analyze and relate the ethical theories and the BEM (Board of Engineers Malaysia) Code of Professional Conduct and its guidelines to solve ethical, social, health, safety, legal and cultural related issues in the practice of engineering in order to safe guard the respect and dignity of the Engineering Profession. Furthermore; in this assignment will learn about the ethical theory which use to reduce the impact inside the industry, as we learned there five elements of the ethics theory will be used to evaluate and analyze the cases study below in chapter two, those elements are Relativism, Utilitarianism, Virtue Ethics, Duty Ethics, and Right Ethics each one of this will be used in the scenarios below. Moreover; in this assignment will explain some codes of the BEM codes of Professional Conduct, this code consists of five elements which will mention in chapter3 each one of this code divided to various codes to be used as professional engineer to solve the issues which may face. In additional will be selecting some of the BEM codes to solve the issue base on the problems which we have in chapter 2, there three case study each case study has different problems, furthermore the last case study is scenario which is given in the assignment to be analyzed. As a professional engineer must solve this issue by justify the solution for the case study and make sure there is no impact on the capacity and environment. Furthermore; will be using the drawing line analysis to identify the impact of the problems, as shown in chapter 3 there are a positive impact and negative impact by using this method we can identify if the problems are negative or positive then will solve this issue.
  • 4. iv TABLE OF CONTENTS CHAPTER NO. TITLE PAGE NO. ACKNOWLEDGEMENT ii ABSTRACT iii TABLE OF CONTENTS iv LIST OF TABLES vii LIST OF FIGURES viii 1. INTRODUCTION 1 1.1 Introduction 1 1.2 Research Problem 3 1.2.1 Structural Failures 4 1.2.2 Public Welfare 4 1.2.2 Professional Associations 4 1.3 Aim and Objectives 7 1.4 Justification for this research 8 1.5 Organization of the rest of the chapters 8 1.6 Summary 9
  • 5. v CHAPTER NO. TITLE PAGE NO. 2. LITERATURE REVIEW 10 2.1 Introduction 10 2.2 Literature Review 10 2.2.1 BEM codes of Professional Conduct 10 2.2.2 Cases study 17 2.2.3 Ethical Theories 24 3. ETHICAL PROBLEM ANALYSIS AND DISCUSSION 29 3.1 Introduction 29 3.2 Ethical Theories on the first case study (scenario) 29 3.2.1 Ethical Problem Analysis based on Ethical theories 29 3.2.2 BEM codes of Professional Conduct 31 3.2.3 Public Health Endangerment 33 3.2.4 DOE Legal Requirements 34 3.2.5 HSE Consideration 36 3.2.6 Approaches can be taken 36 3.3 Ethical Theories on the Second Scenario 37 3.3.1 Ethical Problem Analysis based on Ethical theories 37 3.3.2 Ethical Problem Analysis based on BEM codes 39 3.3.3 All Possible Solutions 42 3.3.4 Line Drawing Analysis 43
  • 6. vi CHAPTER NO. TITLE PAGE NO. 3.4 Ethical Theories on the third case study (scenario given) 44 3.4.1 Ethical Problem Analysis based on Ethical theories 44 3.4.2 Ethical Problem Analysis based on BEM codes 45 3.4.3 All Possible Solutions 49 3.4.4 Line Drawing Analysis 51 4. CONCLUSION 53 3.1 Conclusion 53 3.2 References 55
  • 7. vii LIST OF TABLES TABLE NO. TITLE PAGE NO. 2.1 RE shall at all times hold paramount the safety, health, etc 11 2.2 A Registered Engineer shall undertake assignments only 12 2.3 A Registered Engineer shall issue public statements only 13 2.4 A Registered Engineer shall act for each employer 13 2.5 RE shall conduct himself honorably, responsibly, and ethically 14 2.6 The selecting BEM’s Code of Professional Conduct. 22 2.7 Ethical Theories 27 3.1 Ethical Theories angle from the First scenario 30 3.2 Ethical Theories angle from the Second scenario 37 3.4 Ethical Theories angle from the Last scenario 45
  • 8. viii LIST OF FIGURES FIGURE NO. TITLE PAGE NO. 1.1 Work Ethic 2 2.1 Sequence of Retrogressive Landslides 17 2.2 Additional loads to the building 19 2.3 Two columns that collapsed in the beginning 20 2.4 Before and after the building collapsed 20 3.1 Ethical Theories point chart 30 3.2 Line Drawing Analysis 37 3.3 Line drawing analysis for second scenario 44 3.4 Line drawing for last scenario 52
  • 9. ix
  • 10. 1 CHAPTER 1 PROJECT SCOPE STATEMENT 1.1 INTRODUCTION Ethics is concerned with what society considers to be right or wrong. It, therefore, relates to standards of behavior. At first, this may appear to overlap with one purpose of the law, in that law seeks to address the behavior of which society disapproves. However, ethical principles may be adopted that discourage behavior that is undesirable but legal. For example, during the expenses scandal that arose in the UK in 2009 regarding claims for reimbursement by politicians, one politician responded to criticism by stating that she had done nothing illegal. This rather missed the point, as the general public may still regard legitimate expenses claims as inappropriate, and therefore unethical. (ACCA, 2011) The social aspect of multifaceted engineering sector forms one of the most intricate and complex continua of the profession. In fact, the biggest reason why engineering and the professionals involved are highly regarded, and respected, by the society may be because the decisions taken by engineers tend to have huge impacts, sometimes to an extent that the fate of a place, or many people is changed at a time. Social aspect of engineering is important to highlight because people, and society as a whole, often expect great things from engineers, owing to great ‘power’ they possess to bring change. But, with this great power comes greater responsibility (Arjun, 2011). Very often, the cause and effect between behavior and consequences are paradoxical; sometimes the impacts, both positive and adverse, are apparent and conspicuous, yet sometimes they are fraught with so much uncertainty that the impacts are pernicious. In this direction, the concept of ethics in engineering becomes crucial. (Shimizu, 2017)
  • 11. 2 Engineers are also professionals after doctors, who operate this entire globe with their creative and investigative approach utilizing towards the emerging new technology. Engineers built the world to be a better place and they are Problem solvers and Solution providers to any complex engineering problems. Their knowledge is poured into automation, manufacturing, production, constructional, communication and so on. Hence, it is the most important for an Engineer to execute any action with utmost ethics and professionalism, taking into consideration the roles, responsibilities and duties while making decisions. (Shimizu, 2017) Figure 1.1: Work Ethic (Dezzera, 2018). The ethical problems from the scenario are critical. Environmental organization has become important especially in 1900s, when carbon rises on air. Regulations and limitations formed to stop anyone who trespassing environment and punishments required to companies that trespass it. Another ethical issue is every worker has a boss that give orders to him/her in exchange of payment, orders come from managing director to buy equipment from UTS, yet it conflicts with the first issue. (Whitbeck, 2011). Third ethical issue is the difficulty of finding a job and how unethical to fire someone caring about regulations or listening blindly to the manager. Case become more complicated and exhausting. In history, similar situations happened and lesson learn. A lot of rules and regulations formed to organize the relationship between workers-manager, workers-workers, managers-managers and managers-
  • 12. 3 organizations. Here, worker-manager and worker-organization with the company is in the stake. (Whitbeck, 2011). Facts stated from regulations formed by organizations such as IEM, BEM, DOE, HSE and WFEO. All these are related to the situation. The initials for these organizations are: • IEM: Institute of Engineering and Management. • BEM: Board of Engineers Malaysian. • DOE: Department of Environment. • HSE: Health and Safety Executive. • WFEO: World Federation of Engineering Ethical problems for engineering are complex and can involve opposition on ethical codes. Engineer must study on depth all the codes related to the issue and form a decision supported with codes, so he/she has rights. Many cases do not have lining and clear path in ethical principles, but they have corrected and appropriate solutions. (Arjun, 2011). The main points of discussion are: 1. Discussing the issue and how to rectify the situation from an ethical point of view knowing the code of conduct of IEM/ BEM or WFEO. 2. What are the legal requirements of DOE? 3. What HSE has to say in the long run with the project? 4. What is the rightest approach to deal with the issue? The points will form three paths with justifications, the most right one has the strongest ground. 1.2 Research Problem One of the problems happens with Ir. Jason. Ir. Jason is a certified professional engineer who works at XY Chemical Factory. Ir. Jason is responsible for checking and monitoring the disposable of chemical wastes from the factory which is stored in a warehouse at an off-site location. He reports to Ir. Daniel who is the Head of XY’s Division of Chemical Waste. In the course of his work, Ir. Jason discovered that there are several leaking drums. Ir. Jason tried to inform this matter to Ir. Daniel. Ir. Daniel responded by telling to Ir. Jason that he will bring few workers to bring back the leaking drums to the factory and dispose of it through the river
  • 13. 4 situated behind XY Chemical Factory as what he has been always doing it. So, based on the BEM codes how can Ir. Jason. solves this issue which has been happened as explained. 1.2.1 Structural Failures Engineering took on much more importance in everyday life after the Industrial Revolution. Large-scale engineering projects came to dominate the landscape of most major countries. Highlighting the importance of solid engineering were the structural failures of several notable landmarks, such as the Quebec Bridge in 1907, which cost many lives. Engineering ethics began to take on a supreme importance in this way, as people learned that lives depended on a well-crafted design (Reader, 2017). 1.2.2 Public Welfare Similar to the Hippocratic oath in medicine, the first duty of the engineer is to protect the welfare and safety of the public -- do no harm. This means being completely certain of the integrity of any structure and thoroughly testing the safety of any product, even if there is temptation to cut corners or overlook a concern that would be inconvenient. The purpose of establishing professional ethics is to enforce a minimal standard (Reader, 2017). 1.2.3 Professional Associations As engineers became more prominent and important to society following the Industrial Revolution, many different engineering societies came about. These societies generally follow a certain specialization of engineering, such as the Institute of Electrical and Electronics Engineers. Such organizations seek very prominently to promote ethical concerns within the field, and they typically have an explicit code of ethics they expect all members to follow. Members can be expelled if they are found in violation. Ethics in engineering is a study of characteristics of morals and conduct of engineers as professionals and individuals as human beings. The moral and practical significance of ethics vis-à-vis engineering can be related with the quality of the decisions: with justice, with equity, with the consequences for all
  • 14. 5 affected by the decision, and with the personal and collective responsibilities which lie beyond the contractual obligations into which engineers are often bound. Engineering, like ethical problems, rarely have a single readily deduced solution. Both of these contain a range of solutions that are clearly right, relatively better or not appropriate at all. Prompt and correct distinction and selection of the available options is critical in engineering. For example, a product designed or a service rendered may benefit a party but at the expense of ecological balance of a place, or its social harmony. Ethics, in this case, probably dictates the use and strong enforcement of risk-benefit analysis option. Similarly, in cases where an engineer faces strong moral dilemma, or even ethical or legal conflicts, engineering ethics seeks to go beyond the dictates of the law when there is no legal guideline for how to solve the conflict. Therefore, ethics empowers engineers and fosters in them the value of conscientious moral commitment. (Reader, 2017). Ethics also guides the professional conduct of engineers. In essence, ethical values ensure honest and open transactions in the profession, and that the professionals are able to work without external pressure or biasedness. Ethics also ensures that engineers are held accountable for their actions, so they recognize and accept the personal commitment towards the client and the job, and maintain discretion over the client information. The role of ethics, therefore, in engineering is imperative because the integrity of the profession depends on it. The idea of not incorporating ethics into engineering is too big a risk. Only ethical engineering practices can actualize the true essence of engineering-transforming lives of people for the greater good that have been enduring unjust hardship and difficult living conditions. Thus, ethics in engineering ensures economy, productivity, safety, privacy, security, welfare and offers opportunities for all without discrimination. Vales and virtues are cultivated and appreciated by all human beings. These, therefore, becomes even more important to an engineer who is always in the midst of the common people discharging his responsibilities. Ethics not only improve quality of an individual but the quality of life as a whole. Related to the case, Although the primary ethical issue raised in the case is whistle blowing, secondary ethical issues include the obligations of engineers with respect to environmental issues, management problems having to do with honesty and trust between business and its host community, the issue of the
  • 15. 6 fairness of a community towards manufacturing plants, the problems raised for individuals and groups by the necessity for action in the face of inconclusive scientific evidence, and the relationship of law and morality. Ram obligation to hold paramount the safety, health, and welfare of the public in the performance of his professional duties, is probably among the most basic. Clearly, its importance is evident by the fact that it is the very first obligation stated in the NSPE Code of Ethics. Moreover, the premise upon which professional engineering exists-the engineering registration process is founded upon the proposition that in order to protect the public health and safety, the state has an interest in regulating by law the practice of the profession (Reader, 2017). The breadth and scope of this fundamental obligation is far more difficult to fix. As we have long known, ethics frequently involves a delicate balance between competing and, of times, conflicting obligations. However, it seems clear that where the conflict is between one important obligation or loyalty and the protection of the public, for the engineer the latter must be viewed as the higher obligation. In finding that an engineer does not have an ethical obligation to continue an effort to secure a change in the policy of an employer under these circumstances, or to report his concerns to the proper authority, we stated, nevertheless, that the engineer has an ethical "right" to do so as a matter of personal conscience. We emphasized, however, that the case then before us did not directly involve the protection of the public safety, health, and welfare, but rather was an internal dispute between an employer and an employee. In the context of this case, we do not believe that Ram's act of reporting his concerns to John or to certain members of the city council constituted a reporting to the "proper authorities" as intended under the Code. Nor do we believe, Ram's decision to assume no responsibility for the plant and beds constitutes a "withdrawal from further service on the project." It is clear under the facts of this case that Ram was aware of a pattern of ongoing disregard for the law by his immediate superior as well as members of the city council. After several attempts to modify the views of his superiors, it is our view that Ram knew or should have known that the "proper authorities" were not the city officials, but more probably state officials (i.e., state water pollution control authority). We cannot find it credible that a Director of Public Works for a medium-sized town would not be aware of this basic obligation. Ram's inaction
  • 16. 7 permitted a serious violation of the law to continue and appeared to make Ram an "accessory" to the actions of John and the others. (NSPE, 1988) It is difficult for us to say exactly at what point Ram should have reported his concerns to the "appropriate authorities." However, we would suggest that such reporting should have occurred at such time as Ram was reasonably certain that no action would be taken concerning his recommendations either by John or the members of the city council and, that in his professional judgment, a probable danger to the public safety and health then existed. (NSPE, 1988) In addition, we find it troubling that Ram would permit his professional integrity to be compromised in the manner herein described. Ram allowed his engineering authority to be circumvented and overruled by a non-engineer under circumstances involving the public safety. It is clear that Ram had an ethical obligation to report this occurrence to the "proper authorities" as stated above. 1.3 Aim and Objectives The objective of this assignment is to examine, analyze and relate the ethical theories and the BEM (Board of Engineers Malaysia) Code of Professional Conduct and its guidelines to solve ethical, social, health, safety, legal and cultural related issues in the practice of engineering in order to safe guard the respect and dignity of the Engineering Profession. 1. To identify issues and challenges as an engineer after graduation 2. To promote awareness of engineers’ code of ethics at the workplace 3. To highlight the responsibilities of engineers towards their organization and community 4. To provide guidance on code of ethics to engineers in their respective branch of engineering 5. To expose the importance of environmental preservation in any projects undertaken 6. To create an understanding of the need to adhere to Ethics 7. To inform the importance of Ethics for Professionals
  • 17. 8 1.4 Justification for this research This research provides easy to follow steps to help you define, analyze, understand and solve ethical problems. The ethics of professionals are different from the ethics of the community at large Conduct which would be unethical by community standards is ethical within the context of a profession. This article examines the ways in which a different professional ethic can be justified and, by reference to a contemporary play, considers the consequences of such justifications. 1.5 Organization of the rest of the chapters In this assignment will analyze the development of engineering in the context of social, health, safety, legal, culture and what is expected of engineers. Moreover; will be evaluating the engineering practice pertaining to management and legal consideration. Furthermore; in this assignment, there are four chapters, in the chapter one which is introduction will talk in general about the BEM codes and ethics rules Chapter 2 reviews the work is done by other researches based on the scenarios there are three scenarios will be analyzed base on the BEM codes, safety, health and so on. Furthermore; in this chapter will be explained about BEM codes with explanation for each code, then will be used a similar case study to be analyzed, there are several codes such as Professional Engineer with practicing certificate codes, Professional engineer codes, Graduate engineer codes, Engineering technologist codes, and Inspector of works codes. in additional will be explained the ethical theories to analyze the three-case study. Chapter 3 briefly explain the ethical problems analysis and discussion for each case study above, furthermore in this chapter 4 will involve the outcomes during the analysis and research period. Furthermore, will show the steps to solve the issue that happens for the scenarios above. Moreover; in this chapters will be using the EBM codes to solve the problems in each scenario and also will use the Line Drawing Analyses (LDA) to identify the impact of each case study, for each scenario will be using the Line Drawing Analyses to rescue the impact. Chapter 4 briefly summaries all the works of this assignment. Moreover; it will summaries chapter the literature review and what has been explained in this
  • 18. 9 chapter, also will explained about ethical problems analysis and discussion in brief for each case study. 1.6 Summary In this chapter, it explained and discussed several parts to give a clear idea of this assignment and how this assignment can help the industry in the future, also it explains what the process of the next chapter and what to do on it. First of all; it has been writing an introduction to the Ethics and EBM codes. The introduction was explained with general information and discussed out to the specifications of the assignment. Furthermore; has been mention about the main objective of this assignment. In addition, the development of this assignment was justified as well.
  • 19. 10 CHAPTER 2 LITERATURE REVIEW 2.1 Introduction The main goal of this chapter is to review and examine the similar cases of the same scenario. How engineers can apply the professional conduct code of BEM and the ethical theory. Then, the first part emphasis on the code of professional conduct. The second part focuses on the ethical theories. The last part of this chapter describes similar cases to the given scenario. Moreover; this chapter discussed some cases, where the BEM code of professional conduct and ethical theories were breached by an individual or by an organization; and for the given scenario, the conducts that were breached were highlighted. The codes selections were performed according to the similarity of the scenario of the case provided; and the ethical codes are further analyzed using examples. 2.2 Literature Review 2.2.1 BEM codes of Professional Conduct: Engineers must follow the Board of Engineers (BEM) Malaysia, professional codes of conduct as a professional engineer and must be ethical. There are five major ethical code section with twenty-seven sub sections under. The most relevant and important section of codes are explained in this literature and they are as follows: 1.0 A Registered Engineer shall at all times hold paramount the safety, health and welfare of the public. 2.0 A Registered Engineer shall undertake assignments only if he is qualified by education and experience in the specific technical fields in which he is involved. 3.0 A Registered Engineer shall issue public statements only in an objective and truthful manner.
  • 20. 11 4.0 A Registered Engineer shall act for each employer or clients as faithful agent or trustee. 5.0 A Registered Engineer shall conduct himself honorably, responsibly, ethically and lawfully so as to enhance the honor, reputation and usefulness of the profession. Code 1.0 A Registered Engineer shall at all times hold paramount the safety, health and welfare of the public. A Registered Engineer shall at all times hold paramount the safety, health, and welfare of the public. This code is very important to be adhered by the Professional engineer, so any person must consider safety, health, and welfare, which means that any professional engineer must consider all parts of BEM codes to make sure there is no impact for the society and environment Table 2.1: Registered Engineer shall at all times hold paramount the safety, health and welfare of the public (TAN, 2004). 1.1 A Professional Engineer shall approve and sign only those engineering documents that he has prepared or are prepared under his direct supervision. 1.2 A Professional Engineer shall certify satisfactory completion of a piece of work only if he has control over the supervision of the construction or installation of that work, and only if he is satisfied that the construction or installation has fulfilled the requirements of the engineering design and specifications. 1.3 A Registered Engineer shall not reveal facts, data or information without the prior consent of the client or employer except as authorized or required by law or when the withholding of such information is contrary to the safety of the public. 1.4 A Registered Engineer having knowledge of any violation of this code and Local Authorities regulations shall report thereon to appropriate professional bodies and, when relevant, also to public authorities and cooperate with the proper authorities in furnishing such information or assistance as may be required. 1.5 When the professional advice of a Professional Engineer is overruled and amended contrary to his advice, the Professional Engineer shall, if the amendment may in his opinion give rise to situation that may endanger life and/or property, notify his employer or client and such other authority as may be appropriate and explain the consequences to be expected as a result of his advice being overruled and amended.
  • 21. 12 Code 2.0 A Registered Engineer shall undertake assignments only if he is qualified by education and experience in the specific technical fields in which he is involved. This code explains that a registered Professional Engineer has full control over the work allocated or in full control of the supervision done within his/her area. Codes such as 2.1, and 2.2 gives the registered professional engineer to hold on the tasks and jobs certified, in order to ensure the verification requirements. By this code, the registered professional engineer has the control of all work done before signing and is accountable and answerable for any signature on inspection of materials, or design being approved, under his/her supervision. Furthermore, the registered Engineer shall undertake assignments only if he is qualified by education and experience in the specific technical fields in which he is involved. Moreover, the registered professional engineer is solely responsible for the social welfare with utmost trust, honesty, legal, safety and cultural upholds. If the registered professional engineer overcomes any of the ethics, they must be faced with the consequences accordingly. In case of any, overrule of his supervision by the superiors must report to the BEM, in view of any violation or irregularity of any code of conduct of professional engineers that might affect the quality of work. Furthermore, the decision or advice pertaining to any given services related to the engineering work should be given only by the practicing certified professional engineer and not by any other person. Table 2.2: A Registered Engineer shall undertake assignments only if he is qualified by education and experience in the specific technical fields in which he is involved (TAN, 2004). 2.1 A Professional Engineer shall not affix his signature to any plan or document dealing with subject matter in which he lacks competence, nor to any plan or document not prepared under his direction and control. 2.2 A Professional Engineer shall not accept assignment and assume responsibility for coordination of an entire project and sign and stamp (P.E. stamp) the engineering documents for the entire project unless each technical segment of the project is signed and stamped personally by the qualified engineer who has prepared the respective segment of the project.
  • 22. 13 Code 3.0 A Registered Engineer shall issue public statements only in an objective and truthful manner. This code must be adhered by the Registered Professional Engineer in order to avoid getting benefits for work in terms of corruption or bribes, in the form of gifts. So, he/she should not accept any gifts in any form. The professional engineer must be ethical and professional to work done but is entitled to get promotions, increments and bonus. Table 2.3: A Registered Engineer shall issue public statements only in an objective and truthful manner (TAN, 2004). 3.1 A Registered Engineer shall be objective and truthful in professional reports, statements and testimony. He shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current. 3.2 A Registered Engineer may express publicly only technical opinions that are founded upon his competence and knowledge of the facts in the subject matter. 3.3 A Registered Engineer shall not issue statement, criticism or argument on technical matter that is inspired or paid for by interested parties, unless he has prefaced his comments by explicitly identifying the interested parties on whose behalf he is speaking and by revealing the existence of any interest he may have in the matter. Code 4.0 A Registered Engineer shall act for each employer or clients as faithful agent or trustee. Table 2.4: A Registered Engineer shall act for each employer or clients as faithful agent or trustee (TAN, 2004). 4.1 A Registered Engineer shall disclose all known or potential conflicts of interest that could influence or appear to influence his judgement or the quality of his services. 4.2 A Registered Engineer shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties.
  • 23. 14 4.3 A Registered Engineer shall not solicit or accept financial or other valuable consideration, directly or indirectly, from outside agents in connection with the work for which he is responsible. 4.4 A Registered Engineer as advisor or director of a company or an agency shall not participate in decision with respect to particular services solicited or provided by him or his organization. 4.5 A Registered Engineer shall not solicit or accept a contract from a body or agency on which a principal or officer of his organization served as a member of that body or agency unless with knowledge and consent of that body or agency. 4.6 A Registered Engineer while acting in his professional capacity shall disclose in writing to his client of the fact if he is a director or member of or substantial shareholder in or agent for any contracting or manufacturing company or firm or business or has any financial interest in any such company or firm or business, with which he deals on behalf of his client. 4.7 All professional advice shall be given in good faith. Code 5.0 A Registered Engineer shall conduct himself honourably, responsibly, ethically and lawfully so as to enhance the honour, reputation and usefulness of the profession. Table 2.5: A Registered Engineer shall conduct himself honourably, responsibly, ethically and lawfully so as to enhance the honour, reputation and usefulness of the profession (TAN, 2004). 5.1 A Registered Engineer shall not falsify his qualifications or permit misrepresentation of his or his associates' qualifications. He shall not misrepresent or exaggerate his responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint venturers, or past accomplishments. 5.2 A Registered Engineer shall not offer, give, solicit or receive, either directly or indirectly, any contribution to influence the award of a contract which may be reasonably construed as having the effect of intent to influencing the award of a contract. He shall not offer any gift or other valuable
  • 24. 15 consideration in order to secure work. He shall not pay a commission, percentage or brokerage fee in order to secure work. 5.3 A Registered Engineer shall check with due diligence the accuracy of facts and data before he signs or endorses any statement or claim. He shall not sign on such documents unless, where necessary, qualifications on errors and inaccuracies have been made. 5.4 A Registered Engineer shall respond, within reasonable time, to communication from the Board or any other relevant authority on matter pertaining to his professional service. 5.5 A Registered Engineer shall not maliciously injure or attempt to maliciously injure whether directly or indirectly the professional reputation, prospect or business of another Engineer. 5.6 A Registered Engineer shall not directly or indirectly (1) Supplant or attempt to supplant another Engineer; (2) Intervene or attempt to intervene in or in connection with engineering work of any kind which to his knowledge has already been entrusted to another Engineer; or (3) Take over any work of another Engineer acting for the same client unless he has (i) Obtained a letter of release from the other Engineer or obtain such letter through the client, provided that this requirement may be waived by the Board; or (ii) Been formally notified by the client that the services of that other Engineer have been terminated in accordance with the provisions of any contract entered into between that Engineer and the client; provided always that, in case of dispute over non-payment or quantum of any outstanding fees, the client shall request the Board to be the stakeholder under the provision of Section 4(1)(e)(ea) 5.7 Except with the prior approval of the Board, a Registered Engineer shall not be a director or executive of or substantial shareholder in or agent for any contracting or manufacturing company or firm or business related to building or engineering. If such approval is given, such Engineer shall not undertake any contract work wherein he is engaged as a consulting engineer in such project unless it is in respect of a "design and build" project.
  • 25. 16 5.8 A Registered Engineer shall not be a medium of payment made on his client's behalf unless he is so requested by his client nor shall he, in connection with work on which he is employed, place contracts or orders except with the authority of and on behalf of his client. 5.9 A Registered Engineer shall not (1) Offer to make by way of commission or any other payment for the introduction of his professional employment; or (2) Except as permitted by the Board, advertise in any manner or form in connection with his profession. 5.10 A Professional Engineer in private practice shall not without the approval of the Board enter into professional partnership with any person other than a Professional Engineer in private practice, a Registered Architect, a Registered Quantity Surveyor or a licensed Land Surveyor. MBOT GUIDELINES FOR CODE OF PROFESSIONAL CONDUCT Five (5) Main Section for Code of Ethics 1. A Registered Engineer shall at all times hold paramount the safety, health and welfare of the public. 2. A Registered Engineer shall undertake assignments only if he is qualified by education & experience in the specific technical fields in which he is involved. 3. A Registered Engineer shall issue public statements only in an objective and truthful manner. 4. A Registered Engineer shall act for each employer or clients as faithful agent or trustee. 5. A Registered Engineer shall conduct himself honourably, responsibly, ethically and lawfully so as to enhance the honour, reputation and usefulness of the profession.
  • 26. 17 2.2.2 Cases study Case study (1) Danish Kazmi1 Sadaf Qasim S. H. Harahap & Syed Baharom (2017), discussed the popular accident of landslide of highland towers 1993. The results of the research found that ignoring safety measurements and environmental concerns can lead to disastrous outcome. Slope engineering is concentrated on landslides. Nowadays, landslides occur due to gross mistake or Labour faults. A lot of factors determine the accident on that day, the most one is an engineering team being stingy and money greed to finish project quickly and save money. The drainage lines were jammed and inefficient (Danish,Sadaf &Syed, 2017). The paper was searching by investigating via fault tree analysis (FTA) to study human error caused to fail the people who died. The chances of landslide in different event were studied, but due to other factors. Figure 2.1: Sequence of Retrogressive Landslides (Danish,Sadaf &Syed, 2017) Figure 2.1 shows the causes of the landslide, the instability of the rail pile foundation, which was not built for lateral loading. Also, lack of maintenance of drains with inadequate provision of drainage. (Diamond, 1985).
  • 27. 18 Comparing this case with our case, indicates when it comes to life related project, everything has to be carefully done. Choosing environment over making more money is the right call that was not made that day. In another study, Roli Varma & Daya R. Varma wrote about The Bhopal Disaster of 1984. The world’s worst industrial disaster in Bhopal, India, occurred because of inadequate maintenance by Union Carbide and poor monitoring by the Indian authorities. Malfunctioning safety measurements, inappropriate location of the plant, and lack of information about the identity and toxicity of the gas that had effects for long term. On December 2, 1984. Approximately, 30 of the 42 metric tons of MIC stored in Tank 610 of the UCIL pesticide plant leaked with high velocity in 45-60 minutes causing clouds of death. The dense cloud of the heavier-than-air gas. Ignoring environment caused a disaster, spending extra money for avoiding a historical disaster and pile of lawsuits sounds like a clear decision. Exposing everyone’s live for extra cash and delay is non-negotiate. The careless actions toward environment were unbelievable. MIC was stored in three tanks, each with a capacity of 15,000 gallons. All the tanks used and none left for emergency, plus it supposed to be half used not fully used. In US, Germany and Japan tanks expected never be used in huge quantity. In Bhopal. Tank 610 had 6.4 tons of MIC that been reserved for 55 days before the accident. It was fully occupied with the gas. The Tank 610 was 87% full, which is far above the recommended capacity of 50% (Diamond, 1985). The company saved money by avoiding buying refrigerators to keep the gas cold. Another, careless action is reducing important staff to save money over safety. The staff reduced from 12 operators, 3 supervisors, 2 maintenance supervisors, and 1 superintendent per shift to 6 operators, 1 supervisor, and no obligatory superintendent (R.Varma, 1986). This extreme case clearly supports buying the chimney in order to avoid disasters in future (Danish,Sadaf &Syed, 2017)
  • 28. 19 Case Study 2: Sulaima et al., (2014) presented the case study of the Hotel New World tragedy. The building was collapsed on the 15th March 1986 and post the collapse, an investigation was done to determine the major cause. Some of the major causes speculated were swampy land, bad concrete mixture and internal explosion, however the actual cause was found to be due to miscalculation in the design stage by the engineer. This has led to the building failure. This includes the endorsement of the Building Control act 1989 along with Building control regulation 1989 as a stricter quality measure. (Sulaima, Lew & Azily, 2014) The analysis inferred that this mistake has happened due to Engineer’s negligence in carrying out his/her duties. The case study concluded that duty ethics and right ethics were not adhered by the engineer which has led to the collapse of the Hotel New World. (Sulaima, Lew & Azily, 2014) The ethical issues raised through this case study are as follows: • Why the engineer design calculations were wrong? • Were the building materials used superior and were in correct ratio? • How did the engineer signoff without verifying? • Did the engineer abide his duties ethically? Figure 2.2: Additional loads to the building (Sulaima, Lew & Azily, 2014)
  • 29. 20 Figure 2.3: Two columns that collapsed in the beginning (Sulaima, Lew & Azily, 2014) Figure 2.4: Before and after the building collapsed. (Sulaima, Lew & Azily, 2014)
  • 30. 21 Case Study 3 which is given in the assignment: Ir. Jason is a certified professional engineer who works at XY Chemical Factory. Ir. Jason is responsible for checking and monitoring the disposable of chemical wastes from the factory which is stored in a warehouse at an off-site location. He reports to Ir. Daniel who is the Head of XY’s Division of Chemical Waste. In the course of his work, Ir. Jason discovered that there are several leaking drums. Ir.Jason tried to inform this matter to Ir.Daniel. Ir.Daniel responded by telling to Ir.Jason that he will bring few workers to bring back the leaking drums to the factory and dispose it through the river situated behind XY Chemical Factory as what he has been always doing it. Ir.Jason mentioned to Ir.Daniel that the law forbids from returning chemical waste to the factory site and requires it to be disposed according to the Department of Environment laws. However, Ir.Daniel is just not willing to listen to Ir.Jason as he questions why the need to bother when there are no problems that will be faced by XY Chemical Factory. Ir. Jason is in a dilemma as he wishes to continue working here and has no plans to resign or find another job. Ir.Jason is worried that wrong procedure of chemical wastes disposal will be hazardous to human kind and nature; even casualties if not solved at the right time which could lead to XY Chemical Factory getting into serious legal difficulties. As an Engineer, analyze and justify: 1. Ir. Jason’s professional responsibilities in this situation. 2. Ir. Daniel’s responsibilities to XY Chemical Factory. 3. XY Chemical Factory responsibilities in this situation. 4. How you would respond to this situation. From the cases study above will be used some codes of BEM codes, based on this code will analyze for each case study, also will solve the impact of this scenarios to be more ethical and environmentally. Furthermore, in this assignment will solve some of the ethical issues which happened before the solution will be based on BEM codes, ethical theories and line drawing analysis. BEM’s Code of Professional Conduct for the cases study Based on the Board of Engineers Malaysia (2004), CIRCULAR NO. 001 guidelines for Code of Professional Conduct (BEM/RD/PPC/08) the professional conduct are shown on table 2.10. Moreover, has been selecting some of the BEM
  • 31. 22 codes to solve the problems for the cases above each case has different problems and also each problem needs some codes to follow. Table 2.6: The selecting BEM’s Code of Professional Conduct. Code Number BEM’s Code 1.1 A Professional Engineer shall approve and sign only those engineering documents that he has prepared or are prepared under his direct supervision. 1.2 A Professional Engineer shall certify satisfactory completion of a piece of work only if he has control over the supervision of the construction or installation of that work, and only if he is satisfied that the construction or installation has fulfilled the requirements of the engineering design and specifications. 1.5 When the professional advice of a Professional Engineer is overruled and amended contrary to his advice, the Professional Engineer shall, if the amendment may in his opinion give rise to situation that may endanger life and/or property, notify his employer or client and such other authority as may be appropriate and explain the consequences to be expected as a result of his advice being overruled and amended. 2.2 A Professional Engineer shall not accept assignment and assume responsibility for coordination of an entire project and sign and stamp (P.E. stamp) the engineering documents for the entire project unless each technical segment of the project is signed and stamped personally by the qualified engineer who has prepared the respective segment of the project. 3.1 A Registered Engineer shall be objective and truthful in professional reports, statements and testimony. He shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current. 4.2 A Registered Engineer shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or
  • 32. 23 for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties. 5.1 A Registered Engineer shall not falsify his qualifications or permit misrepresentation of his or his associates' qualifications. He shall not misrepresent or exaggerate his responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint venturers, or past accomplishments. 5.5 A Registered Engineer shall not maliciously injure or attempt to maliciously injure whether directly or indirectly the professional reputation, prospect or business of another Engineer. Table 2.6 shows professional codes of conduct related to our scenarios. In code 1.1, an engineer must have knowledge of every paper signed. The signing must be aware of all consequences. The engineer must make a statement about the confirmation of equipment. Code 1.2, the engineer must respond and obey the employer to provide service suitable to the scenario. Despite the environment, the engineer should listen to the boss. In code 1.2, the engineer takes tasks that he/she has the ability to meet. The qualification must be met with experience. The job assigned is complicated and needs an experienced engineer. Code 1.5, before signing and giving the approval to the project, the engineer should know the givens and consequences excluding manager orders and be justified in decision making, because managers think about making money and skip environmental regulation. Code 2.2 responsibility is big in the case because almost RM550000 involved and environment approval considerations, the job assigned is huge and engineer must not sign documents if it is not under his/her scope of work. Everyone has scope of work and engineer must refuse to be involved. In codes related to engineer with control over supervision. Code 2.2 states that engineer should satisfy tasks he/she assigned for. Completion is a must if supervisory work is given. Building chimney is supervised by an engineer, so in
  • 33. 24 this code, there is no upper managerial effect on the decision even though, the manager requires job to be done for profit and time. Code 5.1, taking the job means full responsibility on that piece of work. Building chimney or side with environmental approval from DOE are two different approaches and the responsibility is huge in a matter of your job, it is either a suicidal move in terms of your career or a thrived step in your career. Code 5.5, overruling your decision as an engineer, the engineer can defend himself/herself if and only if there is a danger to safety. The environment is endangered if the company ignore building chimney. DOE approval is important to clear your name, so any threat to public and health won’t concern you later with DOE approval. 2.2.3 Ethical Theories: Ethical theories play a vital role in making ethical decisions that are very apt as the solution to the complex engineering problem addressed. They form the basic guidance in providing the fundamentals of Ethical principles, and theories related to decision making. There are four major ethical theories to be adapted for decision making to solve complex engineering principle. Moral theories are found to help us understand ethical cases that encounter engineers. Harris and Rabins (2014) described it as the terms in uniform ways and links ideas with problems together inconsistent ways. They are not algorithms to rectify complex dilemmas, they give guidance and systemic understanding. In engineering, applied ethics have to be known by engineers, because they become handy and assist us in solving problems. In our scenarios, been selected to take harsh decision is unfair, but it is part of the job you signed for. Either you side with the environment or your scope of work and ignore DOE without paying extra RM555000 for chimney. Ethical theories in engineering are varied in different cases. The theories that can be used in our cases are: a. Relativism Ethics of Relativism is defined to relativity of morality. It depends on the society’s morality of being whether right or wrong depending on the practice done. This is because, an action or solution in one country or society would be correct while the same in another country or society may be wrong. For example,
  • 34. 25 it is quite common and legal to possess a gin in Yemen, while it is not common and legal to possess the same in Malaysia. Thus, it depends on the relativity. There no definitive line between right and wrong. There is no universal standard that separate right from wrong. It is relative to one’s own society, generation or time. Based on your own judgment and the way you see things with experience, the decision is formed. For example, you were born and raised with some standards such as religious ones. Wearing miniskirts is not accepted by your background, long nails are not accepted too. Miniskirts are accepted in other countries especially the western ones. You either adapt or perish. Standards are different from different contraries. b. Utilitarianism – Ethics of Utilitarianism is defined to be the ability to predict the consequences of any action. This theory helps to compare and make decisions that are predicted for similar solutions. This theory points out the best solution, thereby the advantage of this ethical theory. Simply makes the use of utilization. Example, consider the airline industry where it offers tickets to first-class or Business class and Economy class. Business-class passengers pay more and get more benefits based on the airline, compared to the economy class. The economy class is introduced to meet the financial burdens of the airline, which is based on the Utilitarian Ethics. Right and wrong fully depends on the outcomes or consequences of selecting one action over other actions. Simply, others interest over your interests even though it exceeds your scope of work. In our case, listening to your supervisor and proceed will result in making others happy and yourself unsatisfied, because in the near future when possibly DOE fine the factory, it will be your head on a spike. the right action is one that overall has good consequences, the wrong action is one that overall has bad consequences. Which it is divided into two: 1) Act-utilitarianism: The person act is right if it results in the best outcomes in that particular situation. The act is considered bad if the results are bad. It concentrates on individual actions more than rules. 2) Rule-utilitarianism: Defined one form of utilitarianism that states an action turn into a habit or right conforms that can rule and leads to the greatest good. An act is wrong if it
  • 35. 26 crosses a rule. Mainly, focusing on the overall consequences of rules, rather than individual action. The two types of Utilitarian Ethics are Act and Rule. Rule Utilitarian is applied to benefit those people by applying the fairest methods possible, while the Act Utilitarian is applied to ethical problems to benefit most of the people. c. Virtue Ethics – Ethics of Virtue is defined as the ability to characterize a person for a given scenario. A person is decided to be ethical and professional, as long as the person has a good record of the character portrayed, living and practicing ethics, applying and demonstrating the same, when executing the duties. Moreover; it defined as one of the three major approaches in normative ethics. Emphasizes the virtues or moral character of singles, when engineer knows duties and rules that called deontology and knows there are consequences of action called consequentialism. It determines an ethical approach that follows a moral compass everyone has. It feels wrong then do not do it as simple as that. It tells the type of people that individuals must be like. Virtue ethics is often defined as moral distinction and goodness and emphasizes on virtues and morality. d. Duty Ethics – Ethics of Duty and Right are defined to apply for those people who are honest, execute their duties professionally and ethically, correctly and by the rights of codes of conduct. The person must not be corrupted and selfish. The rightness or wrongness of actions does not depend on their consequences but on whether they fulfill our duty (Kant, 1802). As long the task is done then nothing matters, despite you do the wrong action, but the task is achieved then you are fine. Seems like a wrong approach, but it is applicable for some cases. Everyone has duties and obligations toward others and it focuses on what people do, not with the consequences of their actions. Duty ethics is with following orders from the company and ignore DOE approval. An approach Kant’s explained that the situation is considered a duty if it could be destined for all people to do. What is good about everyone doing their duty? There are cracks in the system if the method is followed, sometimes self- act is needed to make decisions. Another approach by Ross tries to get around this problem by creating “prima facie duties”, which are duties that every rational, reflective person would accept.
  • 36. 27 e. Right Ethics- There are rights that have positive and negative sides, human do mistakes and have right because no one is perfect. These rights can be natural or conventional that are out of hand. The rights are legal, social, or ethical principles of freedom or entitlement. Action is accepted if it concerns the human rights of everyone involved regardless of the consequences of such actions. Not all rights are granted if it violates others right. For example, playing loud music in the workplace is your right, but it violet others rights to work quietly. Table 2.7: Ethical Theories Acts are morally right when Sub-theory Ethical Theory Locke: Rights as entitlements that prevent other people from meddling in other's lives - these Liberty, or negative rights, place duties on other people not to interfere with one's life Melden: The capacity to show concern for others and to be accountable within a moral community. Locke & Melden Right Theories Leads to a happy life that comes from cardinal virtues like wisdom, courage, temperance, and justice. Aristotle & MacIntyre Virtue Theories Represent moral with people like showing respect for people who deserve this respect because they have inherent worth as human beings who have the capacity to make moral judgments and to act with good will. This capacity gives them "human dignity." Immanuel Kant Duty Theories Following the guidance like keep promises. Unless stronger moral considerations override Ross Duty Theories Focus on individual actions, rather than general rules. When producing the most good for the most people involved in the particular situation Act- utilitarianism Utilitarianism
  • 37. 28 Discounting the pleasure of an individual when compare to a group and produce the most good for the most people. Rule- utilitarianism Utilitarianism When matter of culture, religion and taste are ok and supporting the legal concerns. Without tolerating the different ways that people choose to live. Simon Blackburn Utilitarianism
  • 38. 29 CHAPTER 3 ETHICAL PROBLEM ANALYSIS AND DISCUSSION 3.1 Introduction The scenarios given have relevancy but complicated at the same time when it comes to some codes. A lot of contradictions faced. The decision must be based on the least consequences. Analyzing BEM codes will provide a clearer image of deciding. BEM codes were found to justify situations like our scenarios. BEM codes and ethical theories based on the sections reviewed in the literature review. three examples were studied, violating safety measurements caused severe disastrous results. The situation will be highlighted from a different point of view to justify action. 3.2 Ethical Theories on the first case study (scenario) As an engineer in GT Palm Power Solutions Bhd (GTPPS), I am assigned to set up a factory in Semenyih Industrial Estate Malaysia. The factory is to process OIL Palm Empty Fruit Bunches (EFB) to convert it into Fuel Pellets (FP). Equipment contracted from UTS local supplier. Equipment includes a furnace that can hurt the environment. An approval from DOE is needed but it takes 3- 6 months. Flue gas stack or chimney cost RM550000 is needed to get that approval. From ethical theories, table 3.1 shows ethical theories act on the scenario. I have pressure since it took me so long to find a job and DOE and BEM can aid me to find a job later in the near future if some accident occurs.
  • 39. 30 3.2.1 Ethical Problem Analysis based on Ethical theories Table3.1: Ethical Theories angle from the First scenario Ethical Theory Applied on Scenario Right Theory Morality as a human will stop you from ignoring DOE approval, because pollution can endanger public health. I have the right to not listen to managing director. Virtue Theories Fear nothing and proceed with installation for scheduled production. Wisely, get DOE approval to avoid consequences and if MD cross lines, then you have no violations. Duty Theories Good will means not harming your commitment to the company, but you have another commitment toward BEM, so approval from DOE is the right decision. Utilitarianism Act- Utilitarianism: individually, proceed with project and listen to MD, since it means that I get to keep my job and gain experience. Rule- Utilitarianism: rules are rules and DOE approval is a must. Relativism Legal concerns state that DOE is important and in a country like Malaysia, environment comes first. In Malaysia there are rules for whoever cut a tree. Six theories divided into two categories. You spend RM550000 and wait about 3-6 months to get DOE approval or you proceed with installations. Figure 3.1 displays the point of illustration: Figure 3.1: Ethical Theories point chart
  • 40. 31 It is clearly seen that seeking approval from DOE has the majority in terms of ethical theories. Another moral compass is studying BEM codes and compare it into the scenario. 3.2.2 BEM Codes on the first case study The scenario compared with the Board of Engineering Malaysia has eight linked codes of conduct. Code 1.1 1.1 A Professional Engineer shall approve and sign only those engineering documents that he has prepared or are prepared under his direct supervision. He shall not sign on such documents unless, where necessary, he has made qualifications on errors and inaccuracies. The DOE approval is necessary on paperwork because doing rubbish work might come later in the near future and cause troubles. The inaccuracies fall into doing work without signing DOE papers that will result in money and time losses at that time but secure the work later. Been inexperience engineer gives no authority on high level to sign to progress the work, so the MD must sign the final decision, not me. Code 1.2 1.2 A Professional Engineer shall certify satisfactory completion of a piece of work only if he has control over the supervision of the construction or installation of that work, and only if he is satisfied that the construction or installation has fulfilled the requirements of the engineering design and specifications. Responding fast and not wasting time is encouraged. Time is money and if the project delay 3-6 months, then DOE path is not the MD concern. Communication should be valid between UTS and GTPPS, as an engineer you link between them in order to reach a new agreement that does not include DOE approval. Code 1.4 1.4 A Registered Engineer having knowledge of any violation of this code and Local Authorities regulations shall report thereon to appropriate professional bodies and, when relevant, also to public authorities and cooperate with the proper authorities in furnishing such information or assistance as may be required.
  • 41. 32 From this code Ir. Jason must submit a report to them to appropriate professional bodies if there are any problems which may impact on the population, so the chemical west will effect on the environment and society and Ir. Jason must report for this issue. Code 1.5 1.5 When the professional advice of a Professional Engineer is overruled and amended contrary to his advice, the Professional Engineer shall, if the amendment may in his opinion give rise to situation that may endanger life and/or property, notify his employer or client and such other authority as may be appropriate and explain the consequences to be expected as a result of his advice being overruled and amended. Same as code 1.4, the situation does not lay in my expertise. It’s more into managing field than engineer. Being a consulting engineer needs experience and challenges will make me better engineer, so again going with instinct and get DOE approval. Code 2.2 2.2 A Professional Engineer shall not accept assignment and assume responsibility for coordination of an entire project and sign and stamp (P.E. stamp) the engineering documents for the entire project unless each technical segment of the project is signed and stamped personally by the qualified engineer who has prepared the respective segment of the project. Responsibility is huge. If anything goes wrong, the consequences are big according to environment. If MD fires you, then you still have clear record of doing your job right and you can sue company for mistreating and violating codes. Qualification is from MD, even though he/she gave permission to deal with the situation, so I will get DOE approval and MD cannot harm my case. Code 3.1 3.1 A Registered Engineer shall be objective and truthful in professional reports, statements and testimony. He shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current. Efficiency in completion of work should not be affected by external factors unless it is related to public health. Installment from UTS are needed but they are not willing to negotiate the delay from DOE, so no options left except terminating the contract, harming public health is a serious violation.
  • 42. 33 Code 4.2 4.2 A Registered Engineer shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties. Liability and responsibility are up to you, since it is granted from MD. Asking yourseld the right question, what are the priorities? The priorities are finishing the task, follow MD orders and satisfy all linked authorities, but it is impossible. Code 5.1 5.1 A Registered Engineer shall not falsify his qualifications or permit misrepresentation of his or his associates' qualifications. He shall not misrepresent or exaggerate his responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint venturers, or past accomplishments. In this code is nor allow for the professional engineer to gives his qualification to others and he or permit misrepresentation this is important to be consider also if you are looking for job and so on. Code 5.5 5.5A Registered Engineer shall not maliciously injure or attempt to maliciously injure whether directly or indirectly the professional reputation, prospect or business of another Engineer. In this code is not allow for the professional engineer hurt the society and environment directly or indirectly, he/ she must consider all the consequences and he/she must find any solution to solve the problems which may affect or injure the society and environment 3.2.3 Public Health Endangerment The gasses coming from burning in the furnace are harmful when released to air. The gasses like greenhouse gases, nitrogen dioxide and CO2 can cause severe damages to public health. The diseases and illness coming from the burning in the furnace are headache, dizziness, nausea, eye and throat irritation. With more minor effects like fatigue, breathing problems and pale skin.
  • 43. 34 The list is long of the harmful aspects from the released gasses. The most dangerous disease from the gases is cancer especially lung cancer. DOE is important to clear your hands, the RM555000 is nothing compared to lawsuits the company might get from people getting sick from the gasses. 3.2.4 DOE Legal Requirements The presence in or introduction into the air of a substance which has harmful or poisonous effects HSE Consideration in long term. Harms like Carbon Monoxide (CO), Carbon Dioxide (CO2), Chlorofluorocarbon (CFC), Odor Toxic, metal radioactive waste and Dust/ particulates. It impacts human, animal, plants, material, global warming and acid rain. In exercise of the powers conferred by section 51 of the Environmental Quality Act, 1974, the Minister after consultation with the Council makes the following regulations: Environmental Quality (Clean Air) Regulations, 1978, [PRELIMINARY] Air impurities" includes smoke, soot, dust, ash (including flyash), cinders, grit, solid particles of any kind inclusive of particulates, gases, fumes, mist, odours and radioactive substance which are generated as a result of combustion of fuel and the like, or a result of the use of electricity as a heat source, or a result of synthesis, resolution or any other treatment and any other substance which may be designated by the Minister as those which are liable to affect adversely the human health or the living environment. Chimney” includes any structure, opening, vent, flue, conduit, outlet or any structure constructed or arranged from or through which air impurities may be emitted, and any reference to a chimney of or used in connection with any premises, includes a reference to a chimney which serves the whole or a part of the premises though structurally separate from such premises or building thereon. Existing facility means any facility already erected, installed, and in operation prior to the date on which these Regulations come into force; and includes facility already purchased, acquired or under construction on or prior to such date but does not include facility transferred or moved to a different premise, site or location for the purpose of erection, installation, operation or use after such date. For the purpose of this definition, the date of purchase or acquisition of the facility shall be the date of the first legal commitment made by the purchaser to buy the principal part, portion or element of the equipment from the vendor.
  • 44. 35 New facility means any plant, equipment, installation in any trade, business, establishment, or premises and includes any plant, equipment, or installation purchased or acquired on or after the date on which these Regulations come into force and which generates, emits, disposes, or scatters air impurities into the atmosphere Fuel burning equipment means any furnace, boiler, fireplace, oven, retort, incinerator, internal combustion engine, vessel, or any other apparatus, device, mechanism, stack, chimney or structure used in connection with the burning of any combustible material. The regulation strongly forbidden buying equipment without the chimney, producing any kind of harmful particulates is a serious violation and cannot be accepted by law. New and existing facilities are subjected to stop air harms as soon as possible or they subjected to fines and closure by the law. [PENALTY AND FEES] - (1) Any person who emits or discharges waste in contravention of regulations 7, 11, 14, 15, 16, 21, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, and 35 without a license issued under section 22 (1) of the Act shall be guilty of an offence and shall be liable to a fine not exceeding ten thousand ringgit or to a term of imprisonment not exceeding two years or to both and to a further fine not exceeding one thousand ringgit a day for every day that the offense is continued after a notice by the Director-General requiring him to cease the act specified therein has been served upon him. (2) An omission or neglect to comply with, and an act done or attempted to be done contrary to the provisions of these Regulations other than paragraph (1) shall be an offense and the offender shall on conviction be liable to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding one year or to both. The penalty is RM 10000 and a warning letter with a continuous inspection. If the premises do not fix the problem and install a chimney, the facility closes and get fined heavily. Conviction is serious that lead to prison if the premises insists on violations. One year is given to fix the issue.
  • 45. 36 3.2.5 HSE Consideration The Complex is subject to a wide range of health, safety and environmental legislation. The safety legislation covers both "conventional" safety (slips, trips and falls etc.) and "process safety" with the HSE being the enforcing authority for all health and safety legislation at the Complex. "Process safety" legislation, such as the COMAH Regulations, is aimed specifically at those industries identified as having a major accident potential which could result in significant on-site and off-site effects to employees, members of the public and the wider environment. In terms of environmental legislation BP Grangemouth is subject to the Environmental Protection Act 1990 and various Integrated Pollution Control (IPC) Regulations made under this Act. SEPA is the enforcing authority for environmental legislation at the Complex. Role of the HSE is to enforce relevant health and safety statutory provisions. “Clean air is considered to be a basic requirement of human health and well- being. However, air pollution continues to pose a significant threat to health worldwide.” (WHO 2005). HSE support the decision of building Chimney and getting DOE approval. 3.2.6 Approaches can be taken a) Go with installments and avoid DOE approval. MD is the highest rank responsible and I listen to him/her no matter what. b) Try to renegotiate with UTS to help with DOE approval despite their reputation. It is less likely they respond, but throwing some extra cash might work to get DOE approval and install equipment or help to reduce the price of the chimney with least period of getting DOE approval which is 3 months. c) Install the chimney with RM550000 and wait 3-6 months for DOE approval. d) Try to find another competitor who’s willing to help in the situation, unlike UTS. e) Convince MD to get DOE approval otherwise I QUIT, which will put a bad image in the company later on when they get sued. f) Ethical Problems Techniques The five solutions vary in their impacts from positive to negative. Line drawing technique would favor solution and set the most righteous path.
  • 46. 37 Figure 3.2: Line Drawing Analysis In figure 3.2, solution 3, which is getting DOE approval is the most suitable solution. Solution 5 by quitting is the worst because it will set a black past in my CV and finding another job will be hard. The middle solutions are a new solution that can be found by making efforts toward the conflicting sides. FOR SECOND CASE STUDY 3.3 Ethical Theories on the Second Scenario In this chapter, there are four questions that evaluate and will help us to identify the legal action that has been done by Either Ir. Alan or Ir. Dennis or the EC developer’s organization itself. Besides that, the codes that they breached going to be discussed in details regarding the given situations. The four research questions given to analysis and identify the ethical problem are as follow: ▪ Ir. Alan’s professional responsibilities in this situation. ▪ Ir. Dennis’s responsibilities to EC Developer. ▪ EC Developer’s responsibilities in this situation. ▪ How you would respond to this situation. 3.3.1 Ethical Problem Analysis based on Ethical theories: Table3.2: Ethical Theories angle from the Second scenario Relativism Based on the Relativism theory, there is no universal rule or standards or regulations to say that this is correct and acceptable or this is not a correct and wrong way of doing the things. Hence, by applying this theory, Ir Alan can refuse to sign for the building materials which are inferior in quality and workmanship, which is ethical as per the professional code
  • 47. 38 of conducts and as per the BEM codes of professional conduct. This ensures the safety of the building and becomes legal decision making. Further, by applying this theory, Ir Alan can just continue working without bothering the contractor’s usage of inferior building materials at the construction site and as suggested by Ir Dennis to ignore as long as problems at the site are not encountered. Utilitarianism Based on this theory, one must adhere to the standards or processes or rules that are implemented in the interest of public welfare. Hence, as per this theory, Ir Alan must not sign for the building materials when it is of low quality and when the workmanship is not up to the standards. This will as per the standards and regulations to be followed by a certified professional engineer. Ir Alan must make Ir Dennis to realize that it is unethical if not adhered to the rules and regulations in maintaining the quality control. This decision is correct as per this theory as it benefits most of the people. Moreover, the Act of Utilitarianism theory can be applied by Ir Alan, whereby the act of going unnoticed on the poor-quality work done by the contractor cannot be made as it only benefits the contractor and Ir Dennis. Ir Dennis gets benefitted and hence asks Ir Alan not to bother. This is against the act of Utilitarianism. Duty Ethics and Right Ethics: By the theory of the Duty Ethics, a certified professional engineer must be honest and fair while executing his/her duties. The act of executing the duties must be in the welfare of the public and people’s interest. According to this assignment, Ir Alan is an honest person which ethics, as he brings to the notice of the Quality department engineer Ir Dennis, that the contractor is using poor quality of building material, which might danger the building to be a disaster or causality. By the BEM codes of professional engineer and conduct, Ir Alan is ready to report to the EC developers, considering the safety of the building, legal and social aspect. But Ir Dennis being another professional engineer doesn’t carry out his duty correctly, truly and sincerely as per the BEM professional codes of conduct. He must not keep silent when he knows that the contractor is using poor quality of the building material and when the workmanship is poor. Ir Dennis must either warn the contractor for using poor quality or
  • 48. 39 must change the contractor or must report to the EC developers to take final actions against this. But Ir Dennis has failed from following is ethical and professional duties which must be followed in serving the society. By the theory of Right ethics, every engineer has the right perform his/ her duty sincerely, has the right to liberty, life and property. It is human’s fundamental right being me and followed. According to this theory, Ir Alan can overrule Ir Dennis’ decision to avoid any disaster and casualty in future. By doing this, safety. Legal and societal issues are addressed by Ir Alan. Hence, this theory is perfectly applicable to the given scenario of this assignment. Virtue Ethics By applying the theory of Virtue ethics, certified professional engineers must have good character by virtue and should exhibit good qualities at work morally. Ir Alan, by virtue, has good qualities morally professionally as he is worried about the poor quality being used at the construction site which might lead to a disaster and causalities. But Ir Dennis asks Ir Alan to ignore the contractor’s poor quality process although notified by Ir Alan. In this case, Ir Dennis doesn’t have the professionalism and is not true, honest and moral to the society and BEM. Ir Dennis fails to keep up his ethical duties as a certified professional engineer. 3.3.2 Ethical Problem Analysis based on BEM codes: The following are the BEM codes of professional conduct to be adhered by any certified professional engineer, where the assignment based ethical problems are highlighted with all possible solutions. The solutions provided are based on the facts, codes of conduct and ethical theories. This is based on the scenario given in the assignment. Code 1.1 1.1 A Professional Engineer shall approve and sign only those engineering documents that he has prepared or are prepared under his direct supervision. He shall not sign on such documents unless, where necessary, he has made qualifications on errors and inaccuracies.
  • 49. 40 The DOE approval is necessary on paperwork because doing rubbish work might come later in the near future and cause troubles. The inaccuracies fall into doing work without signing DOE papers that will result in money and time losses at that time but secure the work later. Been inexperience engineer gives no authority on high level to sign to progress the work, so the MD must sign the final decision, not me. Code 1.2 1.2 A Professional Engineer shall certify satisfactory completion of a piece of work only if he has control over the supervision of the construction or installation of that work, and only if he is satisfied that the construction or installation has fulfilled the requirements of the engineering design and specifications. Responding fast and not wasting time is encouraged. Time is money and if the project delay 3-6 months, then DOE path is not the MD concern. Communication should be valid between UTS and GTPPS, as an engineer you link between them in order to reach a new agreement that does not include DOE approval. Code 1.3 1.3 A Registered Engineer shall not reveal facts, data or information without the prior consent of the client or employer except as authorized or required by law or when the withholding of such information is contrary to the safety of the public. base on this codes Ir. Jason must get all the information and document from the Ir. Daniel and he must check all the document and make sure the there no effect on the society and environment Code 1.4 1.4 A Registered Engineer having knowledge of any violation of this code and Local Authorities regulations shall report thereon to appropriate professional bodies and, when relevant, also to public authorities and cooperate with the proper authorities in furnishing such information or assistance as may be required. From this code Ir. Jason must submit a report to them to appropriate professional bodies if there are any problems which may impact on the population, so the chemical west will affect on the environment and society and Ir. Jason must report for this issue.
  • 50. 41 Code 1.5 1.5 When the professional advice of a Professional Engineer is overruled and amended contrary to his advice, the Professional Engineer shall, if the amendment may in his opinion give rise to situation that may endanger life and/or property, notify his employer or client and such other authority as may be appropriate and explain the consequences to be expected as a result of his advice being overruled and amended. Same as code 1.4, the situation does not lay in my expertise. It’s more into managing field than engineer. Being a consulting engineer needs experience and challenges will make me better engineer, so again going with instinct and get DOE approval. Code 2.2 2.2 A Professional Engineer shall not accept assignment and assume responsibility for coordination of an entire project and sign and stamp (P.E. stamp) the engineering documents for the entire project unless each technical segment of the project is signed and stamped personally by the qualified engineer who has prepared the respective segment of the project. Responsibility is huge. If anything goes wrong, the consequences are big according to environment. If MD fires you, then you still have clear record of doing your job right and you can sue company for mistreating and violating codes. Qualification is from MD, even though he/she gave permission to deal with the situation, so I will get DOE approval and MD cannot harm my case. Code 3.1 3.1 A Registered Engineer shall be objective and truthful in professional reports, statements and testimony. He shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current. Efficiency in completion of work should not be affected by external factors unless it is related to public health. Installment from UTS are needed but they are not willing to negotiate the delay from DOE, so no options left except terminating the contract, harming public health is a serious violation. Code 4.2 4.2 A Registered Engineer shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for
  • 51. 42 services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties. Liability and responsibility are up to you, since it is granted from MD. Asking yourself the right question, what are the priorities? The priorities are finishing the task, follow MD orders and satisfy all linked authorities, but it is impossible. Code 5.1 5.1 A Registered Engineer shall not falsify his qualifications or permit misrepresentation of his or his associates' qualifications. He shall not misrepresent or exaggerate his responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint venturers, or past accomplishments. In this code is nor allow for the professional engineer to gives his qualification to others and he or permit misrepresentation this is important to be consider also if you are looking for job and so on. Code 5.5 5.5 A Registered Engineer shall not maliciously injure or attempt to maliciously injure whether directly or indirectly the professional reputation, prospect or business of another Engineer. In this code is not allow for the professional engineer hurt the society and environment directly or indirectly, he/ she must consider all the consequences and he/she must find any solution to solve the problems which may affect or injure the society and environment 3.3.3 All Possible Solutions: EC developers hires Ir Alan to check and signoff the materials at the construction site used for the development of buildings, based on ethical, social, health, legal and cultural aspects of professional codes of conduct. Ir Alan is a Certified Professional Engineer and reports to Ir Dennis, who is the Quality Department Engineer at the EC Developers. But Ir Alan soon discovers that the contractor has used inferior materials in the buildings in order to save cost. Further, the overall standard of the workmanship is below the standard expectations at the construction site. But the
  • 52. 43 contractor is still keep going on his work with poor quality of control process at the construction site. Ir Alan tried to complaint to Ir Dennis many times, but Ir Dennis doesn’t bother on this, as there are no problems encountered so far at the construction site. Ir Alan is worried about the low quality of building materials used at the construction site which might become a disaster or casualty if not solved at the correct time. Ir Alan is in a dilemma whether to resign or to find another job or to continue working here without any care. The following are the all possible solutions considering the BEM codes of professional conduct: 1. Ir Alan must not sign off the materials when the quality of the material is poor in order to save cost. 2. Ir Alan must give warning to the contractor not to compromise on the poor quality of building materials and workmanship. 3. Ir Alan must discuss with Ir Dennis and the contractor to highlight the ethical issues considering the building safety and disaster in case of failure against the quality control process. 4. Ir Alan can bring to the notice of EC developers when Ir Dennis is not listening to him. 5. Finally, Ir Alan must inform the BEM on this unethical issue and must seek their intervention to avoid disaster and casualties in future. 3.3.4 Line Drawing Analysis Line drawing is one of the most prominent ethical based problem identification and solution technique that can be applied to the given scenario of this assignment, although there are many techniques. This technique uses the concepts to identify the problems on a scale that ranges from 1 to 10, classifying whether the problems are easy or difficult to handle, acceptable or unacceptable. The scaling is arranged on a horizontal straight line. Problem identification is concluded if the scale is most acceptable on the straight horizontal line. In such a case, it will need a solution for the problem identified. BEM professional code of conduct will be referred to have all possible solutions to be provided by Ir Alan.
  • 53. 44 Figure 3.3: Line drawing analysis for second scenario 1. Ir Alan takes immediate legal action complaining against Ir Dennis and the contractor to the relevant authorities, before it is being too late. 2. Ir Alan to alert the EC developers regarding the poor building material used and poor workmanship provided by contractor and ignorance of Ir Dennis. 3. Ir Alan compliant about his supervisor to the BEM. 4. Ir Alan tries to change the contractor’s unethical activity. 5. Ir Alan proposes to change the contractor and the Quality development officer. 6. Ir Alan is warned of being terminated if he doesn’t allow the contractor to proceed. 7. Ir Dennis removes Ir Alan from his position in the company. 8. Ir Alan resigns from the EC developers and looks for another job. 9. Ir Alan recommends new contractor to use good building materials considering the safety, cost and reliability of the buildings. 10. EC developers replaces Ir Dennis and the contractor. 11. Ir Alan doesn’t care about the safety issues and reliability in the construction site. 12. Ir Alan makes Ir Dennis what he is doing is unethical and changes him to adhere to the professional codes of conduct. FOR THIRD CASE STUDY 3.4 Ethical Theories on the third case study (scenario given) Analyzing the scenario and discuss the various possible solutions and in end come up with one solution for the problem. after which using the BEM codes and ethical theories it comes up with the answer to the issues provided above, from which the final solution would be deducted. So, after defining the issue/facts/concept, The BEM guidelines was defined for codes of professional conduct applicable to the given scenario, after which using the BEM codes and ethical theories, we come up with the answer to the issues provided above, from which the final solution would be deducted.
  • 54. 45 3.4.1 Ethical Problem Analysis based on Ethical theories Table3.3: Ethical Theories angle from the Last scenario Ethical Theory Applied on Scenario Right Theory Morality as a human will stop you from ignoring DOE approval, because pollution can endanger public health. I have the right to not listen to managing director. Virtue Theories Fear nothing and proceed with installation for scheduled production. Wisely, get DOE approval to avoid consequences and if MD cross lines, then you have no violations. Duty Theories Good will means not harming your commitment to the company, but you have another commitment toward BEM, so approval from DOE is the right decision. Utilitarianism Act- Utilitarianism: individually, proceed with project and listen to MD, since it means that I get to keep my job and gain experience. Rule- Utilitarianism: rules are rules and DOE approval is a must. Relativism Legal concerns state that DOE is important and in a country like Malaysia, environment comes first. In Malaysia there are rules for whoever cut a tree. 3.4.2 Ethical Problem Analysis based on BEM codes (scenario given) The following are the BEM Guidelines for Codes of Professional Conduct which are applicable for the third case study (scenario given) Code 1.0 1.0: A Registered Engineer shall at all-time hold paramount the safety, health and welfare of the public. Code 1.1 1.1 A Professional Engineer shall approve and sign only those engineering documents that he has prepared or are prepared under his direct supervision. He shall not sign on such documents unless, where necessary, he has made qualifications on errors and inaccuracies. The DOE approval is necessary on paperwork because doing rubbish work might come later in the near future and cause troubles. The inaccuracies fall into doing work without signing DOE papers that will result in money and time losses at that time but secure the work later. Been inexperience engineer gives no
  • 55. 46 authority on high level to sign to progress the work, so the MD must sign the final decision, not me. Code 1.2 1.2 A Professional Engineer shall certify satisfactory completion of a piece of work only if he has control over the supervision of the construction or installation of that work, and only if he is satisfied that the construction or installation has fulfilled the requirements of the engineering design and specifications. Responding fast and not wasting time is encouraged. Time is money and if the project delay 3-6 months, then DOE path is not the MD concern. Communication should be valid between UTS and GTPPS, as an engineer you link between them in order to reach a new agreement that does not include DOE approval. Code 1.3 1.3 A Registered Engineer shall not reveal facts, data or information without the prior consent of the client or employer except as authorized or required by law or when the withholding of such information is contrary to the safety of the public. Based on this codes Ir. Jason must get all the information and document from the Ir. Daniel and he must check all the document and make sure the there is no effect on the cecity and environment Code 1.4 1.4 A Registered Engineer having knowledge of any violation of this code and Local Authorities regulations shall report thereon to appropriate professional bodies and, when relevant, also to public authorities and cooperate with the proper authorities in furnishing such information or assistance as may be required. From this code Ir. Jason must submit a report to them to appropriate professional bodies if there are any problems which may impact on the population, so the chemical west will affect on the environment and society and Ir. Jason must report for this issue. Code 1.5 1.5 When the professional advice of a Professional Engineer is overruled and amended contrary to his advice, the Professional Engineer shall, if the amendment may in his opinion give rise to situation that may endanger life and/or
  • 56. 47 property, notify his employer or client and such other authority as may be appropriate and explain the consequences to be expected as a result of his advice being overruled and amended. Same as code 1.4, the situation does not lay in my expertise. It’s more into managing field than engineer. Being a consulting engineer needs experience and challenges will make me better engineer, so again going with instinct and get DOE approval. Code 2.0 2.0 A Registered Engineer shall undertake assignments only if he is qualified by education and experience in the specific technical fields in which he is involved. Code 2.2 2.2 A Professional Engineer shall not accept assignment and assume responsibility for coordination of an entire project and sign and stamp (P.E. stamp) the engineering documents for the entire project unless each technical segment of the project is signed and stamped personally by the qualified engineer who has prepared the respective segment of the project. Responsibility is huge. If anything goes wrong, the consequences are big according to environment. If MD fires you, then you still have clear record of doing your job right and you can sue company for mistreating and violating codes. Qualification is from MD, even though he/she gave permission to deal with the situation, so I will get DOE approval and MD cannot harm my case. Code 3.0 3.0 A Registered Engineer shall issue public statements only in an objective and truthful manner. Code 3.1 3.1 A Registered Engineer shall be objective and truthful in professional reports, statements and testimony. He shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current. Efficiency in completion of work should not be affected by external factors unless it is related to public health. Installment from UTS are needed but they are not willing to negotiate the delay from DOE, so no options left except terminating the contract, harming public health is a serious violation.
  • 57. 48 Code 4.0 4.0 A Registered Engineer shall act for each employer or clients as faithful agent or trustee. Code 4.2 4.2 A Registered Engineer shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties. Liability and responsibility are up to you, since it is granted from MD. Asking yourseld the right question, what are the priorities? The priorities are finishing the task, follow MD orders and satisfy all linked authorities, but it is impossible. Code 5.0 5.0 A Registered Engineer shall conduct himself honourably, responsibly, ethically and lawfully so as to enhance the honour, reputation and usefulness of the profession. Code 5.1 5.1 A Registered Engineer shall not falsify his qualifications or permit misrepresentation of his or his associates' qualifications. He shall not misrepresent or exaggerate his responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint venturers, or past accomplishments. In this code is nor allow for the professional engineer to gives his qualification to others and he or permit misrepresentation this is important to be consider also if you are looking for job and so on. Code 5.5 5.5 A Registered Engineer shall not maliciously injure or attempt to maliciously injure whether directly or indirectly the professional reputation, prospect or business of another Engineer. In this code is not allow for the professional engineer hurt the society and environment directly or indirectly, he/ she must consider all the consequences and he/she must find any solution to solve the problems which may affect or injure the society and environment 5.5: A Registered Engineer shall not maliciously injure
  • 58. 49 or attempt to maliciously injure whether directly or indirectly the professional reputation, prospect or business of another Engineer. Now using the BEM's Code of Ethics, Ethical Theories and Hypothetical situations we will try to answer the moral issues/facts and come up with various possible solutions by analyzing the scenario from different angles. The solutions which lead up to an ethical solution in the end will be defined below. Here is some of the relevant information obtained from answering the issues defined in introduction: As, the department of environment is a very prestigious and known body, to follow its requirement is very important as, plus it has very stringent norms. So, it becomes necessary to treat the chemical wastes properly before releasing or dispose it in the river. Hence, it's the duty of Ir. Jason’s- in charge to report the problem. Need to check the volume of the leakage, need to come up with data to analyze if the leakage is major or minor. Need the data, so that if Ir. Jason’s plans to complain, he has enough data to back him. Plus, to know, if the leaked volume of chemical wastes without treatment would create any problems to the river ecological system and the local community. Ir. Jason’s has got the data which tells him, that the leakage into the river is enough to cause deficiency of oxygen to fishes in the region (where chemical wastes is being released from the treatment plant), if the leakage isn't rectified at earliest possible the fishes in the area would start dying very soon. The leakage is enough to cause harm to the local community, as fish is the main part of their diet, if they die, the local community will start starving, plus the river water is used by the local community (poor) for drinking and bathing purposes. 3.4.3 All Possible Solutions: Now after getting the relevant information, the options for solution according to BEM's codes and ethical theories in front of engineer are as following: 1) Ir. Jason’s has moral obligation, to abide by BEM's code of professional conduct. Therefore, He has to inform the DOE or any other concerned authority regarding