KIX2003 Law & Ethics in Engineering

KIX2005 Law, Ethics, Sustainability for Engineers

Lecture 1 & 2
Professor Ir. Dr. Ngoh Gek Cheng

08/10/ 202 &

22/10/2024

Semester 1, Session
2024/2025
 Main Reference Books

• Stuart G. Walesh, Engineering Your Future,

The Professional Practice of Engineering,
3rd ed., Wiley, 2012.
• Charles Fleddermann, Engineering Ethics,
4th Edition, Prentice Hall, 2012.
• Charles E. Harris et. al., Engineering
Ethics : Concepts and Cases, Wadworth,
2009.
 Lecture Overview
A learner should be able to:
1. Understand the definition of engineering ethics
2. Acquaint the historical perspective of
engineering ethics
3. Discern the opportunities in engineering
profession
4. Describe engineer’s roles and responsibilities
5. Identify any potential moral problems and
ways to solve it
6. Acknowledge the qualification needed for
professional engineer
 Professional Engineering Bodies
There are several engineering bodies that are responsible in promoting moral values and ethics in
each engineer. The 3 major professional engineering bodies in Malaysia to which engineers may
be affiliated are:

All these three bodies have their own Code of Ethics designed to suit their specific requirement
according to the objectives of each body constituted.
Professional Bodies’ Efforts in Enhancing
Engineering Professionalism
What is Continuing Professional Development (CPD) ?
CPD is the learning activities through which professionals develop their abilities and ensure they remain
effective, and increasingly capable. CPD combines different methodologies to learning, such as training
workshops, conferences and events, e-learning programs, best practice techniques and ideas sharing, all
focused for an individual to improve and have effective professional development.

What is Professional Development Programme (PDP) ?

PDP is a training development program designed to give graduated engineers a wide exposure to the
various managerial and technical expertise in engineering practice. Graduated engineers must attended:
•
• Technical talks
• Seminars
• Society/association meetings and
• Community services
 Professional Qualification
To be accredited as a qualified Professional Engineer (PE), an engineer must undergo the
following steps:
 Summary
• Professional ethics or professional engineering ethics is the rules and standards
governing the conduct of engineers in their roles as professionals.
• The three main engineering bodies in Malaysia are Board of Engineers Malaysia
(BEM), Institution of Engineers Malaysia (IEM), and Association of Consulting
Engineers Malaysia (ACEM).
• CPD and PDP are one of BEM and IEM’s effort to enhance professionalism among
engineers.
• Professional Engineer will be accredited to graduated engineers who has satisfied
all the qualifications required by BEM and IEM.
 References

• Martin, M. W., & Schinzinger, R. (2000). Ethics and Professionalism. Introduction to

Engineering Ethics (2nd ed., pp. 1-23). New York, NY: McGraw-Hill. Retrieved from
http://course.sdu.edu.cn/G2S/eWebEditor/uploadfile/20131018102149728.pdf

• Announcement on Implementation of CPD & PDP to all Professional Engineer.

(2004, August 13). Retrieved from http://www.bem.org.my/v3/PDP.html
What is Professional Ethics?
Is Engineering a Profession?
 Why Study Engineering Ethics?
• This field help to increase the ability to deal
effectively with moral complexity in engineering.
• It is also important in contributing to safe and useful
technological products and in giving meaning to
engineers’ endeavours.
Historical Perspective of
Engineering Ethics
Opportunities in Engineering
Profession
What Does an Engineer Do?
Roles of an Engineer
 Responsibilities of an Engineer –
Towards Society
• Promote a safe manufacture, transportation, usage,
and disposal of products
• Promptly give notice of safety and environmental
hazards to whom are potentially affected.
• Operate plants in an environmentally safe
manner.
• Promote research to improve products/processes
with regard to their effects on health, safety, and the
environment.
• Collaborate with government in creating responsible
laws regulating chemicals.
• Share useful information with society in promoting
these goals.
 Responsibilities of an Engineer –
Towards Environment
• Protection of the biosphere. Reduce and make progress toward the elimination of
any environmentally damaging substance and safeguard habitats and protect open
spaces and wilderness, while preserving biodiversity.
• Sustainable use of natural resources. Make sustainable use of renewable natural
sources, such as water, soils, and forests, and make careful use of non-renewable
resources.
• Reduction and disposal of wastes. Reduce and, if possible, eliminate waste, and
handle and dispose of waste through safe and responsible methods.
• Energy conservation. Conserve energy and improve the energy efficiency of all
operations, and attempt to use environmentally safe and sustainable energy
sources.
• Risk reduction. Strive to minimize the environmental, health, and safety risks
to
employees and surrounding communities, and be prepared for emergencies.
• Environmental restoration. Promptly and responsibly correct conditions we have
caused that endanger health, safety, or the environment, redress injuries, and
restore the environment when it has been damaged.
 Potential Ethical Problems

 Public Safety
 Environmental Health
 Societal Impact
 Confidentiality
 Data Integrity
 Compliance
 Fairness
 Conflict of Interest
 Honesty / Dishonesty
 Acceptable Risk and etc.
What is the Root Cause of Ethical
Problem?
What is the Root Cause of Ethical
Problem?
What is the Root Cause of Ethical
Problem?
 NSPE Code of Ethics

Preamble

Engineering is an important and learned profession. As members of this

profession, engineers are expected to exhibit the highest standards of
honesty and integrity. Engineering has a direct and vital impact on the
quality of life for all people. Accordingly, the services provided by
engineers require honesty, impartiality, fairness, and equity, and must be
dedicated to the protection of the public health, safety, and welfare.
Engineers must perform under a standard of professional behavior that
requires adherence to the highest principles of ethical conduct.
 Ethics in Engineering Practice

CASE 1
The client plans a project and hires Engineer A to furnish
complete engineering services for the project. Because of
the potentially dangerous nature of implementing the
design during the construction phase, Engineer A
recommends to the client that a full-time, on-site project
representative be hired for the project. After reviewing the
completed project plans and costs, the client indicates to
Engineer A that the project would be too costly if such a
representative were hired. Engineer A proceeds with his
work on the project.
 Question:
 Was it ethical for Engineer A to proceed with
his work on the project knowing that the
client would not agree to hire a full-time
project representative?
 Ethics in Engineering Practice

CASE 1
Code of Ethics:
“Engineers shall at all times recognize that their
primary obligation is to protect the safety, health,
property, and welfare of the public. If their
professional judgment is overruled under
circumstances where the safety, health, property,
or welfare of the public are endangered, they shall
notify their employer or client and such other
authority as may be appropriate."
"Engineers shall advise their clients or employers
when they believe a project will not be
successful."
 Ethics in Engineering Practice
CASE 2
Engineer B submitted a proposal to a county council
following an interview concerning a project. The proposal
included technical information and data that the council
requested as a basis for the selection. Smith, a staff
member of the council, made Engineer B's proposal
available to Engineer A. Engineer A used Engineer B's
proposal without Engineer B's consent in developing
another proposal, which was subsequently submitted to the
council. The extent to which Engineer A used Engineer B's
information and data is in dispute between the parties.

 Question:
• Was it unethical for Engineer A to use Engineer B's
proposal without Engineer B's consent in order for
Engineer A to develop a proposal which Engineer A
subsequently submitted to the council?
 Ethics in Engineering Practice

CASE 2
Code of ethics:
"Engineers shall not compete unfairly with other engineers by
attempting to obtain employment or advancement or
professional engagements by taking advantage of a salaried
position, by criticizing other engineers, or by other improper or
questionable methods."
"Engineers shall give credit for engineering work to those to
whom credit is due, and will recognize the proprietary interests
of others."
"Engineers shall, whenever possible, name the person or
persons who may be individually responsible for designs,
inventions, writings, or other accomplishments."
Case Study - Highland Towers Collapse
Case Study - Highland Towers Collapse
Case Study - Highland Towers Collapse
Cause of collapse

• Water was found to be one of the principal factors that caused this high wall to
fail. This water emanated from poor and non-maintained drainage, as well as a
leaking pipe culvert carrying the waters of the diverted East Stream.
• The landslide that brought down Block 1 of Highland Towers was found to have
been a rotational retrogressive slide emanating from a high retaining wall
behind the 2nd tier of a 3-tiered car park serving the 3 blocks of the Highland
Towers.
• These were caused by the instability of the rail pile foundation. The engineer
was not considering the horizontal load during design foundation so when the
rotational retrogressive slide occurs, this forward movement downhill created a
surcharge load to the foundation. Since the foundation cannot resist horizontal
load, it failed and as a result, the Highland Towers collapsed.
Case Study - Highland Towers Collapse
Who were sued?

1st Defendant - Developer

2nd Defendant - Draftsman who was engaged by the developer as the Architect for
the project
3rd Defendant - 2nd Defendant’s brother engaged by the 1st Defendant as the
Engineer for the project
4th Defendant - Majlis Perbandaran Ampang Jaya
5th Defendant - Arab-Malaysian Bank – owner of 50 lots of bungalow land directly
at the rear of Highland Towers
6th Defendant - Tropic - company that carried out clearing works on the 5th
Defendant’s land in 1992
7th Defendant - Owner of Metrolux land (the higher land adjacent to the 5th
Defendant’s land)
8th Defendant - Project Manager for the 7th Defendant and was in charge of the
development of the Metrolux land.
9th Defendant - Selangor State Government
10th Defendant - Director of Lands and Mines, Selangor
Case Study - Highland Towers Collapse
What was the engineer sued for?

Negligence for the following reasons :-

(i) designing unsuitable foundations
(ii) lack of care and concern of the hill and slope
(iii) issuing a notice to the authorities confirming the drainage works was
completed when only a fraction of it was done.
Case Study - Highland Towers Collapse
What made the engineer indefensible?

The Engineer’s defence that he was only retained to design and supervise the
structural aspects of the 3 apartment blocks, two retaining walls within the
Highland Towers compound and submit plans for the drainage and two and denied
that his scope extended to the drainage, earthworks. This was rejected by the
Court. The Court held that:

(i) The Engineer must take into account the condition of the vicinity of the land
upon which the building is built, as well as the land itself, must be evaluated
when assessing the safety of the building.
(ii) The Engineer must ensure the stability of the hillslope behind Highland
Towers.
His duty was not discharged by a mere belief that the terracing of the hillslopes
and the retaining walls built on them were carried out by an engineer or other
consultant.
Case Study - Highland Towers Collapse
Lesson learned

1) Engineer require to consider the vicinity of the site as well as the site itself in
assessing safety-particularly in regard to adjacent hillslopes.

2) Engineer cannot hide behind limited scopes of engagement these are a matter
between themselves and their employer, but the scope of their duty owed
to persons likely to be affected by their services is not so limited.

3) Engineer require to ensure that others engaged to do work likely to affect the
structures they have been engaged to design/supervise are competent and will
carry out their work in a workmanlike manner.
Class Quiz
(Acronyms & Abbreviations)
1. BEM
2. IEM
3. ACEM
4. PE
5. NSPE
6. CPD
7. PDP
8. PAE
9. IChemE
10.IMechE
Thank you.