The Professional Interview

Section B Essay

Question 2
You are assigned to prospect an area for an extractable mineral(s). However, in your
course of works, you discover no such minerals but some other valuable minerals which
your employer is (are) not interested. On the other hand, the information you have is of
great importance to the adjoining interest. As an engineer can you release the particular
information which you have to the other party so that the minerals may be explored.
Please discuss taking into consideration of the IEM Regulations on Professional
Conduct.

Answer
The job assigned by the Employer to me is to find out if a particular area has an
extractable minerals which is of the Employer’s interest. Even if the agreement made
between the Employer and me is not of a non-disclosure nature, which does not restrict
me from disclosing whatever information regarding the job, I’m still bound by the IEM
12th Regulations on Professional Conduct which states: A member shall not improperly
disclose any information concerning the business of his employer or of any past
employer.
In this case, the Employer is not interested in the minerals I’ve discovered. However,
either from personal or public knowledge, I come to know about another party which has
great interest in exploring the minerals available at that area. I also know that the
extraction of that mineral(s) may contribute to the benefit the industry and the economy.
I also believe that the information that I’ve gathered from the discovery of the minerals
should be shared for the greater good.
Then again, this must be done properly by :-
1. Reporting to the Employer of my knowledge of other parties having interest in the
minerals.
2. Seeking the Employer’s consent – in writing - to contact the party interested in
the minerals I’ve discovered. However, it is my opinion that I must declare to the
Employer that I shall not charge the other party for the information I have which
certainly will benefit the other party, the industry and the economy (on a rather
macro scale, that is) so that I will be seen as a professional and not someone
who takes advantage of the situation for my personal benefit.
3. Should the Employer has reservations in me contacting the other party then I
would recommend to the Employer to obtain some sort of a compensation for his
no-return expenses (from engaging me as the Engineer and other costs incurred
in prospecting the minerals) by “selling” the information obtained by me to the
other party themselves.
4. If the Employer disagrees with my recommendation, then professionalism
prevents me from revealing the information to the other party and I will let the
matter rest.
Question 3
Mr X is a project engineer for a project contracted to Y company owned by Mr Z. Mr Z
told Mr X that he is ordering latest model of electronic gadget for his company staff and
he can get a set for Mr X at the company discounted price. Mr X agrees and pays on
delivery. Did Mr X breach the IEM Regulations of Professional Conduct?

“It is the responsibility of every engineer to give highest regard to his profession and
conduct himself with integrity when executing his tasks. “ Discuss this statement in
detail within the context of the Malaysian environment.

Answer
Yes he did.
In life generally and in business specifically, one of the most popular culture is rapport-
building. We find rapport-building culture between Clients and Contractors, Clients and
Consultants, Consultants and Contractors, even Contractors and Sub-Contractors too,
just to name a few examples. And this is very common in the Malaysian business
environment.
What happened here is an example of a rapport-building culture between Mr X and Mr
Z, which has reached a point where Mr Z was kind enough to offer Mr X the gadget -
even at a discounted price. Question is, Mr. X is a project engineer who reports to his
superior(s). The company Mr X works for could be engaged by an organization (the
Client) for the particular project. Do Mr X’s superior(s) and the Client know about Mr X
accepting the offer from Mr Z? If they do and though Mr X might have paid for the
gadget, he would be seen as having a conflict of interest in the project. Even if Mr Z
offers the entire staff of Mr. X’s company, it would still be seen – from the Client’s
perspective – that there is a conflict of interest. I do not need to go further by saying that
everything – especially politics - is a matter of perspective these days.
Every Engineer must not only give the highest regard to his profession and conduct
himself with integrity but must also be seen as doing so. Mr X must not accept any
offers from anybody with regards to the project, other than his wages from the company
he works for, which in turn receives no other payment but from the Client who engages
it for the particular project, which is in line with one of the IEM Regulations on
Professional Conduct.
Question 4
Professionalism cannot be taught by regurgitating (repeatedly speaking) the IEM
Regulations of Professional Conduct nor by memorizing a set of rules. Do you agree
with the statement and why?

Answer

Yes I do.
First of, it’s about morality or shall I say morality with regards to one’s profession. A
sane human being, let alone a professional - must first be able to distinguish between
right and wrong – morally. That trait is acquired from one’s own upbringing, culture and
education. It is not a built-in feature when one is born. Knowing right from wrong will
then help one to appreciate a set of rules that governs one’s conduct. The set of rules
can be from the laws of the land, religion, culture, conventions and in this discussion,
the IEM Regulations on Professional Conduct.
In my opinion, if an engineering graduate wishes to practice Engineering as a
profession, then the graduate must be willing to accept and adhere to the Regulations
on Professional Conduct. If the graduate is well-mannered, then he or she may
embrace the Regulations on Professional Conduct willingly as the Regulations serve to
enhance his or her morality, especially in the professional practice of Engineering.
In my opinion, in accepting and adhering to the Regulations, an Engineer must always
be mindful of the gist of the Regulations, not memorizing the Regulations word-by-word,
in carrying out his or her tasks professionally. For instance, an Engineer designing a
pump room for a building must have at the back of his/her mind that the design, other
than to achieve the desired engineering results, such as pump flow and head at the
highest possible efficiency, must also factor in safety aspects such as adequate working
space, electrical safety, adequate ventilation and lighting which are the gist of the first
Regulations on Professional Conduct – which states that the work or product of his/her
work shall constitute no avoidable danger of death, injury or ill health to any person.
He/she must always sit back and look again at the design and run his/her conscience to
check if that gist of Regulations is adhered to and carry out the necessary changes to
ensure that safety is given the topmost priority.

Other Regulations that should be embedded in a Professional Engineer’s conscience in

carrying out his/her tasks would be:
1. Avoid waste of natural resources, damage of environment, wasteful damage and
destruction of products of human skills and industry.
2. Develop and maintain professional competency by enhancing knowledge and
know-hows.
3. Do not undertake tasks which he/she is not competent with.
4. Accepting responsibility for all the tasks assigned to him/her, knowing
beforehand that he/she is competent to carry out the tasks.
5. When asked for an opinion, he/she must be able to offer one that are objective
and reliable in his/her professional capacity.
6. When his/her professional opinion is not accepted, he/she must make known to
the parties concerned of whatever dire consequences he/she believes can arise
as a result from the overruling or neglect.
7. Not to make any public statement in his/her capacity as professional Engineer
without ensuring his/her qualification to make such statement. He/she must also
ensure that if his/her statements might benefit certain parties which he/she is
associated with, the person(s) he/she is making the public statement to should
know about such association.
8. Not to advertise or write publications in self-laudatory language or in any manner
derogatory to the dignity of the profession. He/she shall not authorize anybody
else to advertise or write articles in the same manner as stated.
9. Shall not maliciously or recklessly injure or attempt to injure the professional
reputation, prospects or business of another Engineer.
10. Should there be any conflict of interest between his/her personal interest and
his/her faithful service to the Employer, he/she must inform the Employer in
writing.
11. Shall not improperly disclose the information concerning the business of his/her
Employer and of his/her past Employers.
12. Shall not accept remunerations from any parties with regards to the professional
services rendered to his/her Employer, other than his/her Employer.
13. Shall not improperly solicit work as independent advice or consultant, either
directly or through an agent.
14. If acting as an independent advice or consultant, shall not be the medium of
payment made on behalf of the Employer, unless the Employer instructs him/her.
He/she cannot place contracts and orders in connection with the works he/she is
employed, except with authority and on or behalf of the Employer.
Question 5
The IEM Regulations of Professional Conduct speaks against active self promotion and
advertisement. In what ways should such restraint enhance the stature of engineers as
professionals? More importantly, given the advent (arrival) of information technology
age where virtual reality is becoming norm, how would any violation of the IEM
Regulations of Professional Conduct be detected and dealt with?

Answer
There are two parts of the question, i.e:
In what ways should the restraint on active self-promotion and advertisement enhance
the stature of Engineers as Professionals?, and
How would any violation of the IEM Regulations on Professional Conduct be detected
and dealt with, given the advent of Information Technology?

I will answer these questions from the consulting engineering service perspective.

For the first part of the question, in my opinion, being good at what a person does is a
reward in itself. A Professional Engineer who is adept at analyses, problem forecasting
and solving, design prowess, the ability to communicate with Clients and other
professionals in the construction industry and willing to share his/her knowledge with
other members of the Profession, not forgetting to uphold Professional Ethics - shall be
well-known among his/her peers, other professionals and prospective Clients.
We all are aware of how fast the word-of-mouth travels with regards to the Engineer’s
reputation. There is no advertising, no self-promotion or any campaign involved here,
which makes his stature of a Professional Engineer enhanced and that shall bring the
Engineer more business prospects.
It is a known and accepted fact that – like any other professions – the consultancy
service is basically a business that ‘sells’ knowledge, paper and ink. It is not a welfare
service, though it is known that Professional Engineers are involved with pro-bono
services from time to time depending on the situation. To maintain a certain income in
order to pay off overheads and what not and to make a little profit, the Consulting
Engineers firm need to generate as many business prospects as possible. There are
firms which are already reputable in the industry where Clients seek them out, instead
of them lobbying for business. However, there are firms which have to lobby for jobs, or
at least make their presence in the industry known in order to secure business
prospects. For these firms, as long as they abide by the guidelines of the Board of
Engineers – particularly clause (6) of Circular 2/2003 – Guidelines on Advertising by
Registered Engineers – and item 29 of the Institution of Engineers by-laws on
canvassing and advertising for employment, then all is well.

For the second part of the question, in my opinion the Information Technology age has
given an avenue for businesses, including Consultancy Services to make their presence
known to interested parties. Hence, more and more Consulting Engineering firms are
having their own websites. In my opinion, the purpose of having websites is for
advertising. However, the advertisement shall not:--
 Claims a greater degree or extent of responsibility for a specified project or
projects than is the fact;
 Fails to give appropriate indications of cooperation by associated firm or
individuals involved in specified projects;
 Implies, by word or picture, that the Firm is solely responsible for the engineering
of system or facility that was either designed in collaboration with others or was
not the result of the Firm’s work;
 Belittles another professional’s projects, firms or individuals;
 Exaggerates claims as to the performance of the project;
 Illustrates portions of the project for which the advertiser has no responsibility,
without appropriate disclaimer, thus implying greater responsibility than is factual,
or,
 Indirectly criticize another Firm or the Employer of another Firm.
 Implies that the services offered by the Firm can only be obtained by the Firm
and nobody else or the services offered are better than the services offered by
any other Firms.
Should the above violations be detected in the websites, then it is the role of the
Institution and the Board of Engineers to caution the Firms. The Firms should then
make necessary changes to the contents of their websites. If the Firms fail to abide by
the directives of the Institution or the Board, then they shall be subjected to necessary
actions within the jurisdiction of the Board of Engineers.
Question 6
You are an engineer and it is known that your project activities/ plant production had
cause an adverse health, safety and/ or environmental (HSE) impact. To improve the
HSE quality, you have to cease your project activities/ production for a period, resulting
in the inability to meet the schedule and targets. How would you handle in a situation
where there is a conflict between the IEM Regulations on Professional Conduct and
commercial consideration?

Answer

I shall answer this question from the perspective of the Consulting Engineering services.

As a human being, most of us were brought up and taught to be mindful of ours and
other people’s safety and health, as well as our duty to help preserve the environment
as the inhabitant of this planet. This is where morality and religion play their roles. To
ensure that we adhere to what has been taught to us, rules and laws are set up and
enforced. There are provisions within religion, particularly Islam which addresses issues
of one’s and others safety and health and our role not to cause adverse impact on the
environment. Then there are laws of the land, which governs our conduct as civilized
people. As Engineers, we have an extra set of rules, which are the IEM Regulations on
Professional Conduct.
The consequences of not following the Regulations and should any deaths or serious
injuries or environmental hazards which causes deaths or injuries arise from disobeying
the Regulations may result in the Engineer’s membership in IEM to be terminated,
his/her Engineer status to be deregistered by the Board of Engineers and furthermore,
the related authorities may prosecute and punish him/her for negligence. Not to mention
the punishment he/she may get in the hereafter, as far as Islam is concerned.
As far as a project is concerned – particularly a building construction, our conscience as
professional engineers should be crystal clear - No projects shall be completed on time
at the expense of health, safety of the people involved in the project and the general
public as well as the environment. To disobey that would mean to disobey items 1 and 2
of the Regulations on Professional Conduct. If however there are certain Clients who
are adamant about having the project to be completed on time while the HSE matters at
the site are still in peril, it is the duty of the Engineer to advise the Client on the
consequences and declare a stop work order to be enforced at the site until the parties
concerned with HSE implementation to get their act together and improve on the matter,
to the satisfactory of the Superintending Officer.

Failure in issuing the stop-work order may cause the activities at site to run dangerously
and should any injuries, death or major environmental issues occur, then this shall lead
to more dire consequences, such as site closure and investigation by the authorities
having jurisdiction, which shall cause the powers that be within the project – be it the
Client, Superintending Officer, Architect and Engineers to be questioned, even
prosecuted for failing to observe and implement strictly the HSE laws at the site. By
having such predicament, one can expect a much longer delay in completing the
project, as compared with the stop-work order to get the HSE matters tidied up.
Question 8
Engineers are always entrusted with the responsibility of implementing large-scale
projects involving millions of dollars. In view of the large amount of money changing
hands, the integrity and ethical standards of engineers are being put to test. What
measures can an engineer take to prevent corruption and unethical practice of cutting
corners in order to safeguard the good image of the engineering profession?

Answer

There are two issues in question here. One is on prevention of corruption and the other
is on unethical practice of cutting corners.

An Engineer should not only be free of corrupt practices but also be seen to be free of
such practices. An Engineer can be perceived as being corrupt if he/she accepts any
remunerations, favors or kickbacks from parties in the project other than his/her
Employer, even though the parties offering such remunerations or favors do not intend
to seek approval from the Engineer to cut corners in the project, mainly due to
underpriced bid, or the offering parties only wishes to build a rapport with the Engineer.

The Engineer is downright corrupt if he/she accepts any offer made by any parties in the
project, to allow them to deviate from the Contract without the approval of the Employer,
especially to cut corners either by installing equipment or materials which are sub-
standard to the ones stated in Contract Specifications, or by carrying out substandard
method of installation to save cost. The situation is made worse when the Engineer can
somewhat lie to the Client (particularly a novice one) that the actions he/she has taken
is correct.

How can that sort of corruption be prevented? It boils down to the Engineer’s own
integrity mainly. The Engineer must have a clear conscience about his/her duties to the
Client and isolates him/herself from being ‘bought’ by any parties to carry out
unscrupulous practices. If he/she is under the impression that the profession is an
avenue for him/her to make extra money from unprincipled practices, then he/she is
unfit for professional engineering practice and become a politician instead. If he/she is
unhappy with the remuneration he/she is getting from the firm he/she works for, then
he/she may choose to dismiss him/herself from working as an engineer in the consulting
engineering service and move on to other greener pastures, especially the ones which
are not bound by Professional Regulations.

With regards to unethical practice such as cutting corners, sometimes the fault lies not
with the Engineers alone. There have been cases where the Engineer was coerced by
the powers that be into specifying substandard materials and equipment under the false
pretense of ‘Value Engineering’, especially in some design-and-build projects. To
prevent this, the Engineer should have the integrity and the courage to stand his/her
ground on the technically sound engineering practice, rather than allowing him/herself
being bought by unprincipled Employers. The Engineer should be prepared to say no to
coercion and risk losing a project rather than losing his/her integrity if he/she allows
unethical practices to be part of his/her culture for the sake of making some money.
Question 10
Most projects are awarded on competitive bidding basis. Supposing you had been the
designated engineer of one of the bidders that was not awarded with the letter of intent
by the Client. You are then approached by the ‘winner’ to join the Consultant Team.
Should you accept the second appointment? If yes, describe the situations, which might
be seen as conflict of interests. If no, describe the reasons and/ or clear cut situations
why you should decline the second appointment.

Answer

There are few scenarios that can be discussed to answer the question. My approach is
to set the scenario as being a design-and-build project, which I’m the principal of a
consulting engineering firm which is engaged by a design and build (D&B) contractor
who had lost in his bid for the project. My firm was later approached by the D&B
contractor who was awarded the project to be part of his consultant team.

The appointment of a consulting engineering firm (CE) in a design-and-build project is

normally back-to-back. When the D&B contractor is awarded the project, then only he
shall officially appoint the CE. However, the D&B contractor should issue a letter of
intent to the CE stating the agreed fees due to the CE and other terms and conditions.
All dues must be paid to the CE for his work up to the submission of the bid by the D&B
contractor to the Owner. If the D&B contractor is unsuccessful, he can then call it a day
and part ways with the CE, as far as the project is concerned.

However, after parting ways with the D&B contractor, I was approached by the ‘winner’
D&B Contractor to join his team of consultants, which I shall politely decline, due to the
following reasons:-
 The ‘winner’ has dismissed the CE he had engaged to work on the project, which
contributed to his bid being successful. Although the ‘winner’ can prove that all
monies due to the previous CE has been paid for services rendered, it is still
unethical for me to come into the project as my company’s appointment as the
 new CE shall be perceived as having conflict of interest and I would be labelled
as an opportunist, unless of course the previous CE was deregistered due to
malpractice. However, let’s assume that the previous CE’s practice is all good for
this discussion.
 Should I notice any major differences in design approach in the previous CE
designs, it would be unethical for me to change them to suit my preference as the
bid is already accepted based on the design submitted by the previous CE. I
would prefer to use my own design but then that would not be the same design
which the bid was accepted for in the first place.
 The drawings which are submitted in the winning bid bears the previous CE logo.
Therefore, for me to present a drawing that bears my company’s logo to replace
the previous CE’s logo would be seem unethical.
 The Regulations on Professional conduct states that I should not recklessly or
maliciously injure or attempt to injure, either directly or indirectly the professional
reputation, prospects or business of another Engineer. In this case, I rather not
be seen as conducting such practice.

I would rather lose this project than have my integrity as a Professional Engineer
questioned.
Question 13
Assuming that you are the principal partner of a reputable engineering-based firm in a
small state in the country. Your family is very well reputed, respected and influential,
having lived and worked in the state for decades.

Leaders of certain political party approach you seeking your assistance to campaign for
them in the forthcoming state by-elections, they have promised to award your company
with all the major projects awarded by the state government. It is desirable for your firm
to secure new projects. Discuss critically on your actions, taking account of the IEM’s
regulations on Professional Conduct.

Answer

My family is very well reputed, respected and influential, having lived and worked in the
state for decades. Due to those traits, my family and I have been approached by
leaders of certain political party to help them in their campaign for the forthcoming state
by-elections. Should the political party succeed in winning the by-election, as a reward,
the company I work for shall be awarded with major projects by the state government. It
so happens that the company I work for is in need for new projects.
I would approach this matter by politely requesting the leaders of the political party to
approach other members of my family to ask them to help with the campaign. I will
explain to them that I have a professional practice to run and principles to abide with,
and I will do my best to secure projects based solely on the merits of my company. I
believe that if the political party should win the by-election with my family’s help, I
shouldn’t be rewarded with projects by the state government as kickbacks. However, I
must ensure that I am in no way involved with any campaign by the political party and I
am seen to be avoiding to do so.
Should my company get no projects from the state government, I would be happy as my
conscience is clear and I would not be perceived and someone with professional
integrity rather than an opportunist. However, if the state government still wants to
award my company with projects, I would appreciate if the awards are solely based on
my company’s merits.