An IEM Outreach Programme to G&S Members The Code of Ethics (or the Code of Professional Conduct) ~ The Hallmark of Professionalism; Engineering in Malaysia

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An IEM Outreach Programme to GS MembersThe
Code of Ethics (or the Code of Professional
Conduct) The Hallmark of ProfessionalismEngine
ering in Malaysia

• By Engr. Rocky H.T. Wong, PEng, FIEM Hon
  FAFEO-ASEAN Engr, Founding Fellow (AAET), Hon.
  Fellow (TEEAM) Chairman IEM pro ETI Bureau,
  Past Chairman ACEM, Past President - FACE, The
  Head Commissioner ASEAN Engineers Register
  (AER) Commission.

RWHT/IEMQA/COPC/REV(1)120908
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• During the period before independence and
  immediately thereafter, membership of learned
  societies for engineers (including pupil
  engineers), with the ICE, IMechE, IEE, and the
  IEM (after 1959) was the Hallmark of
  Professionalism.

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• Most Malayan engineers then were in the employ of
  PWD (JKR), CEB/NEB (TNB), MR (KTM), DID (JBS),
  Telecoms (TM), MU (UM) etc.
• A larger part of the early membership in the IEM
  came from amongst the rank of engineers working
  for the government.
• The earlier Past Presidents of the IEM were
  usually the Heads of those Government
  Departments and agencies.

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To be promoted in government service an
engineer must prove that he is a Professional
Engineer - meaning, he is a M.I.E.M a gold
standard hallmark of professionalism much
respected by peers and allure respect by others.
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• On the other hand, in the private sector, an
  engineer with IEM corporate membership such as
  MIEM or FIEM meant that he had the license to
  practise consulting engineering in the field of
  his engineering discipline.

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• A competitive consulting engineer would endeavour
  to attain corporate fellowship in the IEM and
  additionally, in a UK based engineering learned
  society of his discipline e.g. ICE or IMech or
  IEE, etc. and would have earned him the CEng
  status.

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• However, membership in the IEM (before the
  existence of BEM) entitled the engineer to
  pre-fix his name the appellation Ir. a
  qualified practitioner of engineering equivalent
  to the status of C.Eng.

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The CodeofPractice
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To qualify for membership in the IEM meant and
continue to mean, that a person conforms to a
Code of Practice defined by what follows-
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The Engineers Code of Practice of five (5)
components.
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• 1. Accreditation Procedure an engineering
  education programme and IHL audit process of
  qualifications for the purpose of membership
  entry consideration.

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• Code of Ethics (or Code of Professional Conduct)
• Professional Interview (PI) for the purpose of
  admission into Corporate Membership by way of
  peer-based assessment which includes the
  following-

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• Actual face-to-face interview
• Part A Written Exam on training and experience
  gained during the prescribed pupilage or PDP
  period
• Part B another written exam on the proper order
  of action required of a professional engineer, in
  situations that may result in a conflict between
  an Engineers self interest and his duty to
  others i.e. his COE .

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Life long learning to keep obsolescence at bay
(now known as CPD) as per the objectives of the
IEM, i.e .. to promote and advance the science
and profession of all aspects of engineering.
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• Public Interest driven science, engineering
  technology (SET) centric design codes and
  standards, addressing the essential requirements
  of safety, health and the welfare of the
  community and the environment overall.

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The Registration of Engineers Act, 1967 - the REA
67
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• The Registration of Engineers Act was passed by
  Parliament in 1967 but was only implemented on 23
  August 1972 when the Board of Engineers, Malaysia
  (BEM) was operationalised.

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BEM registers ALL-

• Professional Engineers,
• Graduate Engineers, and
• Foreign (Temporary) Engineers.

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The REA 67 over 41 years, has been amended 6
times

• The first two minor amendments of 1972 (Act A132)
  and 1973 (Act A173) for orperationalising the
  BEM
• Amendments in 1974 (Act 218) gave rise to the
  much talked about Clause 7A Body Corporate
  which may practise as consulting engineers
  hitherto was only restricted to the natural
  persons. And the power of the President of the
  BEM was further boosted!

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• Amendments in 1987 (Act A662) introduced the
  temporary registration as a Professional
  Engineer of any foreign engineer and making the
  Act explicit in the restriction on employment of
  unregistered person as an Engineer No person
  shall employ as an Engineer any person who is not
  registered under this Act.

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• Amendments in 2002 (Act A1158) introduced the
  term Engineering Consultancy Practice (ECP)
  under the amended Clause 7A . a sole
  proprietorship, partnership or body corporate may
  practise as an Engineering Consultancy Practice
  and recover in any court any fee remuneration or
  other form of consideration for any professional
  engineering services rendered...

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• New clause 7B permits a body corporate ECP in
  providing combined engineering and architectural
  consultancy services, together with quantity
  surveying services. It deals with details
  concerning the Board of Directors, and permitted
  percentages of equity by the various parties.

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• Act A1158 created the perception that there are
  two categories of P.Engs, viz the original
  category P.Eng having the inherent right to
  practise and the newly defined ECP P.Eng.
• A new Clause 10B deals with the registration of
  Accredited Checkers who have proven practical
  experiences in the design and construction of
  buildings as defined in the Streets, Drainage and
  Building Act 1974 (Act 133).

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• The latest amendments passed as Act A1288 early
  last year (i.e 2007) aligns the REA with the
  introduction of the C.C.C. policy (implemented on
  12 April 2007). The issuance of the Certificate
  of Completion and Compliance was launched by the
  PM on 13 April 2007.
• The C.C.C. replaces the Certificate of Fitness
  for Occupation (CFO) previously issued by Local
  Authorities.

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• A new Part IIIA on Disciplinary Committee has
  been introduced. The intention of this is to
  provide the necessary confidence among the public
  that when ECP P.Engs as submitting persons
  signed off the CCC they do so professionally,
  after due care and diligence.

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• The BEM is the domestic Regulator of the practice
  of engineering in Malaysia. In the context of
  the ASEAN MRA on Engineering Services, the BEM is
  Malaysias designated Professional Regulatory
  Authority i.e. PRA for Engineering Services.

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• An Engineer can only be a Registered Engineer
  with the BEM and NOT call oneself a member of
  the BEM.
• Whereas the same engineer when he joins the IEM
  becomes a Member and .. shall be entitled to
  the use of the title Engr. placed before
  (his/her) name.

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• The REA 67 provides for the BEM to work closely
  with the IEM vis-à-vis the Engineers Code of
  Practice in most aspects.

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• In the early days of the BEM and before the
  coming into force of the Registration of
  Engineers Regulation 1990 to be registered a
  Professional Engineer, the engineer must first
  have been accepted into the IEM as a Corporate
  Member.

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• Even with the introduction of the BEMs
  Professional Assessment Examination (PAE), the
  equivalence of IEM Corporate Membership with
  P.Eng status has been maintained.
• Section 10(2)(i)(b) says Quote- Subject to this
  Act, the following persons shall be entitled on
  application to be registered as Professional
  Engineers. Any person who has passed a PAE
  conducted by BEM, or is a Corporate Member of the
  IEM Unquote.

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• Section 7(i)(aa)(iii) of the REA 67, on the
  issue of Restriction on unregistered persons,
  Graduate Engineers etc, says Quote No person
  shall, unless he is a Professional Engineer be
  certified to describe himself or hold himself out
  under any name, style or title using the
  abbreviation Ir. before his name or the
  abbreviation P.Eng after his name or in any way
  in association with his name. Unquote.

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• Registration with the BEM is renewed annually a
  valid license to practise the rights of the
  natural person whos a registered professional
  engineer having the title Ir., and to use the
  stamp as prescribed in the Second Schedule of the
  Act.

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The Institution of Engineers, Malaysia (The IEM)-

• The governance, management and administration of
  the IEM is by way of its Constitution, its
  Bylaws and its Regulations on Professional
  Conduct.
• The encapsulation of what is IEM is by way of
  the IEMs Vision, Mission, Functions and
  Objectives, reproduced as follows-

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THE INSTITUTION OF ENGINEERS, MALAYSIAVision,
Mission, Functions and Objectives
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IEMS VISION

• The Institution of Engineers, Malaysia aims to be
  the premier professional organization pivotal to
  Malaysia achieving Vision 2020.

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IEMS MISSION

• IEM shall promote sound professional engineering
  practice in support of the socio-economic
  development objectives of the nation.
• IEM shall service the needs and interests of its
  members and the public and uphold the social
  standing and image of the engineering profession.
• IEM shall contribute towards nation building and
  shall strive to enhance societys consciousness
  of science, engineering and technology.

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IEMS FUNCTIONS

• IEM is a society established to promote and
  advance the Science and Profession of Engineering
  in any or all its disciplines and to facilitate
  the exchange of information and ideas related to
  engineering.

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IEMS OBJECTIVES

• The objectives of The Institution as set out in
  the Constitution shall include the following-

• to uphold meetings, exhibitions and visits, and
  such other activities as The Institution may deem
  incidental or conducive to the promotion or
  attainment of the profession of engineering
• to raise the character and status and advance the
  interests of the profession of engineering and
  those engaged therein

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• to promote honorable practice, and professional
  etiquette among members of The Institution
• to communicate to members information on all
  matters affecting the profession of engineering
  and to print, publish, issue and circulate such
  publications as may seem conducive to any of the
  objectives of The Institution
• to do such other things as The Institution may
  think incidental or conducive to the attainment
  of the objectives of The Institution.

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Membership in the IEM-

• Corporate membership in the IEM, viz. MIEM and
  more so FIEM (in due course), is the measure for
  peer acceptance of professional standing and it
  further represents the time honoured public
  recognition hallmark of ethical professional
  excellence.

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The IEM welcomes engineers to become Corporate
Members and hence attain the status of
Professional Engineer, those who are

• Ethical,
• Competent,
• Intellectual,
• Mature, and
• Responsible.

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They shall prove to their peers that they are
qualified to be M.I.E.M, because they are-

• able to analyse and solve engineering problems by
  the application of science, engineering and
  technological knowledge
• experienced and have the skills for good
  management and communications
• able to perform design, or able to integrate
  systems, and have relevant site experience
• confident and mature to assume responsibilities.

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IEM membership generally consists of Engineers

• Those who are engineering students who will one
  day graduate as Engineers
• Graduates enroute to be Corporate members in due
  course,
• Corporate Members who form the greater part of
  the membership strength.

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Besides engineers, IEM offers membership to other
engineering services professionals, such as-

• Incorporated Member
• Affiliate Member and
• Associate Member.

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• The aforesaid exemplifies the IEMs perspective
  how about the aspect from the BEM? Registration
  of an engineer with the BEM equates to legal
  recognition of qualification(s) and a BEM license
  to practise as an ECP provides the benchmark for
  QA professional services meeting the expectations
  of public interest. Only ECPs qualify to be
  UBBL defined Submitting Persons empowered to
  signing off the various forms aggregating to a
  project specific CCC.

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The Engineers Code of Ethics (COE)
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Why is the Code of Ethics important to engineers?

• It is a HALLMARK of Professionalism
• A BASIC qualifying requirement
• An EDGE in competition
• Ultimate BENEFIT of the profession.

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• Adhering to the Code of Ethics, the engineering
  profession will benefit in promoting its
  reputation, credibility and respect. The result
  the engineering profession will maintain its
  attractiveness as a rewarding and respectable
  profession.

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The Engineers Code of Ethics is a constellation
of noble ideals binding the following into a
virtuous paradigm of what a Professional Engineer
and his upright bearing should be-
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• The Profession An Engineer shall at all times
  uphold the dignity, standing and reputation of
  the profession by his behaviour, actions and
  words.

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• With Colleagues An Engineer shall not
  maliciously or recklessly harm or attempt to harm
  whether directly or otherwise the professional
  reputation of another engineer, but shall however
  foster the reputation of colleagues for the
  advancement of the profession.

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• Towards Employers and Clients An Engineer shall
  serve employers and clients with honesty, loyalty
  and integrity in conforming to the highest
  standards expected of their respective community.

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• The Public An Engineer in providing his services
  shall at all times be governed by the paramount
  interest of the public, in particular their
  welfare, health, safety and environment.

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• Oneself An Engineer shall maintain and enhance
  his health and competency in subscribing to self
  and continuing professional development.

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The BEMs Code of Professional Conduct (COPC)
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• The BEMs Code of Professional Conduct governing
  every registered Engineer is detailed out in the
  Part IV of the Registration of Engineers
  Regulations 1990 (Revised 2003) which came into
  force 10th November 2003.

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The IEM Regulation on Professional Conduct
(ROPC)
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• Article 2.18 of the IEM Constitution states that
  Quote Every member shall so conduct himself as
  to uphold the dignity, standing and reputation of
  the profession. He shall be bound by the
  Regulation on Professional Conduct. Unquote.

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Then, in the IEM Bylaws, we have Bylaws 9.2, 9.3
and 9.6 which also deal with the professional
conduct of members, and the formal set of
Regulation of Professional Conduct which has
been made by the IEM Council under the provision
of Section IX of the IEM Bylaws.
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• What are the differences among COE, COPC and
  ROPC?

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• The Engineers Code of Ethics represents the
  collective stance and the shared conviction of
  the Fraternity of Engineers.
• The sanctity of the Code amounts to a Honour
  Pledge which when breached brings shame and
  dishonour to both the transgressor and the
  profession.
• There is no legal enforcement only self-respect
  and self esteem, and the chosen inviolable value
  of life for someone belonging to a noble
  profession.
• If we dont respect ourselves, who would, - that
  is the point and the bottom-line.

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• The BEMs Code of Professional Conduct represents
  the Law and when broken, investigation and
  disciplinary processes follow akin to the legal
  procedures of the Court. Should the respondent
  registered engineer be found to have indeed
  broken the law, his act unbecoming of a
  registered engineeer will be criminalized!

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• The IEMs Regulation on Professional Conduct is a
  consensus among members, which will be reviewed
  periodically and made relevant. Enforcement is
  by way of peer-judgement followed by a complaint
  in writing.

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• Should the prescribed peer-judgement be taken to
  its logical conclusion, and the complaint
  substantiated, the member may be expelled
  perhaps reprimanded or fined otherwise
  expulsion. There is a long list of what may
  follow - but by then, the adjudged member would
  have resigned!

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• Conclusion cliché as it may, a professional
  engineer inspired by the Engineers Code of
  Practice, and believes without reservation the
  Engineers Code of Ethics, abides by the BEMs
  Code of Professional Conduct, and subscribes to
  the IEMs Regulation on Professional Conduct as
  an active IEM Corporate Member this Engineer
  would have attained the Hallmark of
  Professionalism.

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THANK YOU