keizrul - professionalism and code of conduct compatibility mode

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Dato’ Paduka Prof. (Dr) Ir. Hj. Keizrul bin Abdullah

Adjunct Professor

July

2008

1

n vers enaga a ays a

21 September 2010



1. What is a Profession?

2. Main Characteristics of a Profession

.

4. Code of Professional Conduct

5. Offences and PenaltiesJuly

2008

26. Q & A





.



2008

36. Q & A



• A vocation founded upon specialised

•The application of specialised knowledgeo a su ec , e , or sc ence

• Professional activity involves systematic

knowledge and proficiency

• Distinguished from other occupations dueJuly

2008

4

to their level of legal recognition



• A vocation founded upon specialised

•The application of specialised knowledgeo a su ec , e , or sc ence

• Professional activity involves systematic

knowledge and proficiency

• Distinguished from other occupations dueJuly

2008

5

to their level of legal recognition



• Professionalisation is

• Social process whereby a trade or

occupation transform into a professionof the highest integrity and competence

• Establish acceptable qualification to

differentiate qualified from unqualifiedoccupational closure

July

2008

6

• Form a professional body/associationto oversee the conduct of the members



• Professionalisation is

• Social process whereby a trade or

occupation transform into a professionof the highest integrity and competence

• Establish acceptable qualification to

differentiate qualified from unqualifiedoccupational closure

July

2008

7

• Form a professional body/associationto oversee the conduct of the members



• Professionalisation

• Historical background

July

2008

8



July

2008

9Blacksmith



July

2008

10Cobbler



Healer

July

2008

11



Learning through

July

2008

12





• Craftsmen form associations based on

• Aim to control ‘secrets’, ‘mysteries’,July

2008

13

ar s o e r cra s



Guilds

July

2008

14



July

2008

15





• Craftsmen form associations based on

• Aim to control ‘secrets’, ‘mysteries’,July

2008

16

ar s o e r cra s

• Take oath of secrecy





• or pro ess on rom a n oswear (an oath)”

• Adhere to ethical standards

• To be roficient and com etentJuly

2008

17•

To uphold good name of profession





.



2008

186. Q & A



1) Skill based on theoretical knowledge

2) Professional association

3 Extensive eriod of education involved -usually to tertiary level

4 Testin of com etence throu h

prescribed exams

July

2008

19

upgrading of skills (CPD)



6) Practitioners licensed

7) Work autonomy

8 Code of rofessional conduct or ethics

9) Self regulating and independent fromovernment

10) Element of public service and altruism

July

2008

20

xc us veness, monopo y, occupa ona

closure



12) Control of fees and advertising

13) High status and rewards

14 Offer reassurance to clients

15) Inaccessible body of knowledge (to theuninitiated

16) Indeterminacy of knowledge some of

July

2008

21

experience







prescribed exams

July

2008

22








prescribed exams

July

2008

23








prescribed exams

July

2008

24








prescribed exams

July

2008

25




July

2008

26



- also known as the IEM, the Institution is a

Civil Society Organisation formed in 1959reg s ere w e eg s rar o oc e es

- Ob ective of the Institution is to romote

and advance the science and professionof all aspects of engineering

July

2008

27







prescribed exams

July

2008

28




REGISTRATION OF

Assessment Examination

July

2008

29







prescribed exams

July

2008

30




PROFESSIONALDEVELOPMENT

PROFESSIONAL ENGINEERS

(CPD)July

2008

31



Every Professional Engineer is requiredto start accumulating 50 CPD hours per

year on average over 3 years with effectfrom 1st January 2005

July

2008

32



Activities

n orma earn ng c v es

c) Conference and Meetingd) Presentation of Papers

f) Industry Involvement (mainly for

July

2008

34



Summary of CPDSummary of CPD

Max. Per YearTimes Weighted FactorType

Max. 201 x - on job learningInformal learning

Training activities

Max. 100.5 x- private studyActivities

Max. 3010 xPresentation of Pa ers

Meeting

Max. 301 xServices activities

Max. 301 xIndustry Involvement

(for Academic)




7) Work autonomy

8 Code of rofessional conduct or ethics

9) Self regulating and independent fromovernment


July

2008

36


closure



eg s ra on oEn ineers Act 1967

July

2008

37



Category of RegistrationCategory of Registration

A. Professional Engineer

B. Graduate EngineerC. Tem orar En ineer

D. Engineering Consultancy Practice (ECP)

ii) Multi Disciplinary

iii) Sole Proprietorshipiv Partnershi

July

2008

38E. Accredited Checker



Need for RegistrationNeed for Registration

,

No person shall, unless he is a registeredProfessional Engineer, practise, carry on

business or take up employment whichrequires him to carry out or performprofessional engineering services

July

2008

39




,

No person shall, unless he is a registeredProfessional Engineer, be entitled to

describe himself or hold himself outunder any name, style or title bearing thewords “Professional Engineer” or the

equivalent thereto in any other language

July

2008

40




,

No person shall, unless he is a registeredProfessional Engineer, be entitled to use

the abbreviation “Ir” before his name orthe abbreviation “P.Eng.” after his name

July

2008

41



PenaltyPenalty

,

Any person, sole proprietorship,partnership or body corporate who

contravenes section 7 or 8, or subsection7A(1), 24A(1) or 24B(5), shall be guilty ofan offence and shall, on conviction, be

liable to a fine not > RM 50,000, or toimprisonment for a term not > 3 years, or

July

200842

both




7) Work autonomy

8 Code of rofessional conduct or ethics9) Self regulating and independent from

overnment


July

200843


closure




7) Work autonomy


overnment


July

200844


closure



12) Control of fees and advertising

13) High status and rewards

14 Offer reassurance to clients15) Inaccessible body of knowledge

which can only be acquired through

July

200845




7) Work autonomy


overnment


July

200846


closure





.



2008476. Case Studies



• Ethics major branch of philosoply

• Synonym for “morally correct” or justified se o us e mora pr nc p es oobligation, rights and ideals

•

Issue of ethics arise

specialistknowledge of the professional, and how the

July

200848

when providing a service to the public



• En ineer ossess s ecialist knowled eand training

• service provided will be to the client’s best

interest• Engineer must not use the specialist

knowledge and training to exploit the Client -.

frightening client to accept conservative (andmore expensive) design

July

200849



• What is a Code of Ethics?• A set of internally enforced rules or

regulations that members of the professionmus o ow

• The main intention is to ensure public

safety, prevent exploitation of the client,and preserve the integrity of the profession

July

200850

• A code may or may not have the same

status as a law



Legal & I llegal & Et icaEthical

I llegal & Unethical

Legal & Unethical

July

200851



• What is a Code of Ethics?

• The Code of Professional Conduct

Malaysia Registration of Engineers

• Failure to observe this Code is anJuly

200852

n r ngemen o e eg s ra on o

Engineers Act 1967





.



2008536. Q & A



• Ethics relates to morality difficult to

• For purpose of enforcement provide ao e o on uc

• Code of Conduct set of rules outlining

the responsibilities of or proper practicesfor an individual

July

200854

• Outline the principles, values, standards,

rules of behaviour



1) Responsibility to Society

2) Responsibility to the Profession

3 Res onsibilit to the Client/Em lo er4) Responsibility to our Colleagues

July

200855




Purpose of Engineering to improveliving conditions and quality of life of

oc e y ommun y

Hence in carrying out his work, the

Engineer has a duty of care to Societyand the Environment

July

200856

Must always ensure public safety and

health




Respect nature maintain ecologicalbalance

Seek solutions compatible withprinciples of sustainable development

Conservation of natural resources

July

200857




Commit to professionalism

U hold di nit standin andreputation of profession

F lfill r f i n l l

knowledge and adopt goodengineering practices

July

200858

Refrain from performing services

unless competent




Be creative acquire latesttechnological knowledge

Improve skills and raise standards

July

200859



3) Responsibility to the Client/Employer

Render service with sincerity fullcompetency and creativity

Act at all times in the legitimateinterest of the Client and achieve

project goals Perform duty impartially with integrity

July

200860

and faithfulness



3) Responsibility to the Client/Employer

Inform Client of any conflict of interest

Establish mutual trust Not to accept remuneration which

r i in n n m n

July

200861



4) Responsibility to our Colleagues

Engineers tend to work in teamscooperate with Specialists in other

sc p nes e s

Emphasize coordination and

cooperation and improve efficiency ofexecution

July

200862

Not to injure reputation or business of

others



4) Responsibility to our Colleagues

Not to directly or indirectly attempt totake over others’ work

Ensure continuity of professionalcontributions

Share technical experiences

July

200863

professionals



REGISTRATION OF

PART IV

CODE OF PROFESSIONALJuly

200864CONDUCT



. very eg s ere ng neer s a a atimes uphold the dignity, high standing

July

200865



Responsibility to employer,Responsibility to employer,

clients or professionclients or profession

24. A Registered Engineer in his

responsibility to his employer, client orthe profession shall have full regard tothe public interest

July

200866



Discharge of dutiesDischarge of duties

25. (1) A Registered Engineer shall dischargehis duties to his employer or client as thecase may be with complete fidelity

(2) Except with the permission of hisemployer, a Registered Engineer shall notaccep any remunera on or serv cesrendered other than from his employer

July

200867



Reputation etc. of a RegisteredReputation etc. of a Registered

26. A Registered Engineer shall notmaliciously injure or attempt to

ma c ous y n ure w e er rec y orindirectly, the professional reputation,

Registered Engineer

July

200868

Canvassing and advertising prohibitedCanvassing and advertising prohibited



g g pg g p

27. A Registered Engineer shall not -

(a) canvass or solicit professional

employment;

or any other payment for the introductionof his professional employment;

x m y ,advertise in any manner or form inconnection with his profession; or

(d) provide professional engineeringservices to any person, unless the scope

July

200869

written agreement between both parties



A Registered Engineer inA Registered Engineer inrivate ractice not to racticerivate ractice not to ractice

with any person whosewith any person whose

.Engineering Consultancy Practice shallnot practise engineering with any

person whose registration has beencancelled

July

200870



es r c ons on ma nges r c ons on ma ngpayments or placing contractspayments or placing contracts

29. A Registered Engineer in an EngineeringConsultancy Practice shall not be amedium of payment made on his client's

client nor shall he, in connection with

contracts or orders except with theauthority of and on behalf of his client

July

200871



es r c ons on en er nges r c ons on en er ngprofessional partnershipprofessional partnership

30. A Professional Engineer in privatepractice shall not without the approval ofthe Board enter into professional

par ners p w any person o er an aProfessional Engineer in private practice,

,

Quantity Surveyor or a Licensed LandSurve or

July

200872

A Registered Engineer in privateA Registered Engineer in private



over the work of anotherover the work of another

31. A Registered Engineer shall not directly orn rect y -

(a) su lant or attem t to su lantanother Registered Engineer ;

or in connection with engineering work ofany kind which to his knowledge has

July

200873

already been entrusted to another a

Registered Engineer; or

Reg. 31



Registered Engineer acting for thesame client unless he has :

(i) obtained the consent of thatother Registered Engineer; or

(ii) been formally notified by theclient that the services of that other

ng neer ave een term nate naccordance with the provisions of any

July

200874

other Engineer and the client

Restrictions on being a director,Restrictions on being a director,



mem er or s are o er omem er or s are o er ocontracting and manufacturingcontracting and manufacturing

company, etc.company, etc.

32. (1) Except with the prior approval of the

Board a re istered En ineer in an ECPshall not be a director or executive of orsubstantial shareholder in or agent for

any contracting or manufacturingcompany or firm or business related to

July

200875

Restrictions on being a director,Restrictions on being a director,



mem er or s are o er omem er or s are o er ocontracting and manufacturingcontracting and manufacturing

company, etc.company, etc.

32. (2) If such approval is given, suchRegistered Engineer shall not undertakeany contract work wherein he is engagedas a consulting engineer in such project

"

build" project

July

200876



. very reg s ere ng neer w e ac ng n

his professional capacity shall disclose

a director or member of or substantial

shareholder in or a ent for ancontracting or manufacturing companyor firm or business or has any financialnterest n any suc company or rm or

business, with which he deals on behalf

July

200877



1. What is a Profession?2. Main Characteristics of a Profession

.



2008786. Q & A



REGISTRATION OFENGINEERS ACT 1967

July

200879



the penalties that can be meted out

1) Offender is not registered with BEM

ECP

•

• For Type (2) Disciplinary case

• Type (1) offence includes possible

imprisonment sentence (quasi-criminal)





ECP

•




Type (1) Court CaseType (1) Court Case



,

No person shall, unless he is a registeredProfessional Engineer, practise, carry onbusiness or take up employment whichrequires him to carry out or performprofessional engineering services

July

200882




,

No person shall, unless he is a Prof.Engineer be entitled to use Ir. or P.Eng. …or describe himself or hold himself outunder any name, style or title … whichmay reasonably be construed to imply

that he is a Professional EngineerJuly

200883




,

No person shall, unless he is a Prof.Engineer use or display any sign, board,card or other device representing orimplying that he is a ProfessionalEngineer

July

200884




,

No person or body, other than aProfessional Engineer or an ECP, shall beentitled to submit plans, engineeringsurveys, drawings, schemes, proposals,reports, designs or studies to any person

or authority in MalaysiaJuly

200885




~ ,

Obtaining registration by false pretences;Forges, alters or counterfeits anycertificate of registration;Impersonating a registered Engineer;Buy or sell any certificate of registration;

Contravening Section 24A(1) or 24B(5)(Also applicable to Registered Engineer )July

200886



Penalty

July

200887

PenaltiesPenalties -- Type (1)Type (1)



,

Any person, sole proprietorship,partnership or body corporate whocontravenes section 7 or 8, or subsection7A(1), 24A(1) or 24B(5), shall be guilty ofan offence and shall, on conviction, be

liable to a fine not > RM 50,000, or toimprisonment for a term not > 3 years, orJuly

200888

both




,



200889

both




,



200890

both




,



200891

both





ECP

•






Penalty

July

200893

PenaltiesPenalties -- Type (2Type (2))



-,

(a)Issuance of a written warning orreprimand

(b)Imposition of a fine not exceedingRM 50,000

(c)Suspension of registration for a period

not exceeding 2 years(d)Cancellation of registrationJuly

200894

(e)Any combination of (a) to (d)





.



2008956. Q & A



Case Examples

July

200896

Case Example 1Case Example 1

1) Y d i i Sh i M ll f



1) You are designing a Shopping Mall for a

following alternatives :

2 Alternative A Pro ect cost RM 100 million,Annual cost RM 5 million

3) Alternative B Project cost RM 150 million,

nnua cos m on4) Alternative C Project cost RM 140 million,

5) Which alternative will you recommend to yourClient?

July

200897


1) Y d i i Sh i M ll f



1) You are designing a Shopping Mall for a.

Service Station in the basement of the Mall. In

your opinion, this will have fire and safetyconsequences.

2) What will you do?

e en s ns s en on s proposa anask you to incorporate mitigating measures toalleviate our concerns on fire and safet .


July

200898


1) Yo are the designer for a 4 lane Road Bridge



1) You are the designer for a 4-lane Road Bridge.

2) Your Engineer boss ask you to use a Factorof Safet of 4 as the brid e is an im ortantlink and will be heavily used.


4) From your enquiries and research, you findthat a FoS of 4 is too excessive.

July

200899


1) You are designing the M&E component of a



1) You are designing the M&E component of a

2) Your friend who is selling Brand X Air-con askou to recommend his roduct

3) Will you accept his request?

4) After considering all the various Brands in themarket, you find that Brand X gives the bestvalue for money.

July

2008100


1) You are buying some computers for your



1) You are buying some computers for your

number of suppliers. One of the supplier is

your family-owned company.2) What will you do?

3) Another supplier offers you a free personal

compu er you w uy rom m.4) What will you do?

supplier giving the best deal. The supplier israteful and sends ou a ham er as a thank-

July

2008101

you gesture.

6) Will you accept his gift?


1) Your Company wants to purchase a Tunnel



1) Your Company wants to purchase a Tunnel

evaluate several models from different

suppliers. One of the supplier offers you aree tr p to apan to nspect t e r .

2) Will you accept their offer?

July

2008102


1) You work as an Engineer in a Factory



1) You work as an Engineer in a Factory.

2) You notice a leak in one of the machines andoil is ourin into a drain that leads to a river.

3) You report to your boss but he says the mainpriority is to complete a big order on time.

ou can o e repa rs a er e or er sdelivered.

July

2008103


1) You work for a construction company that is



1) You work for a construction company that is- .

2) Your employer ask you to reduce the numberof steel bars to save costs.


4) Your employer gives you a letter certifying

that he takes all responsibility for instructingyou to reduce the number of steel bars.

July

2008104



• upon specialised educational training

• Professional Code of Conduct set ofrules and re ulations

• The main intention is to ensure publicsafety, prevent exploitation of theClient, and preserve the integrity of theProfession

• Infringement against the Code can

invoke penalties including disbarment



Thank You

July

2008106

keizrul - professionalism and code of conduct compatibility mode

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