Induction Course for new C&S Engineers

12, 19 & 26 March 2016, MECC, KL

Professional Practice

Ir. Walter Sim Kian Joo

Executive Director
LYS Consult Sdn Bhd

Professional Practice I

Professionalism

Professional Practice I

What is Professional Practice?

Professional

Practice

Professional
Practice

Person with special expertise who adheres to a

minimum standard of Ethical Behavior in His Work.

Activity, To Carry Out, To Apply, To Perform

Work/Activity Carried Out in Accordance with

Standard Of Ethical Behavior.

Laws and Regulations

Law is a primary legislation passed by an Act of Parliament.
Regulations (or secondary legislations or delegated legislations) are
laws made by an executive authority (usually the Minister) empowered
by a primary legislation to make such regulations. Regulations are also
limited by the scope defined in and subordinate to the primary
legislation empowering the enactment of such regulations.
Bylaws (or By-Laws or Byelaws) usually refers to a law pass under
the authority of a state authority or a body which derives its authority
from another governing body
Local Rules similar to Bylaws are rules made by municipal or local
authorities or local body (e.g. town councils, private companies) which
derives its authority from a charter recognised in law to have authority
to make such local rules.

Laws and Regulations

Registration of Engineers ACT Primary Legislation
Minister of Works
Registration of Engineers Regulation 2ndary legislation
Street, Drainage and Building ACT Primary Legislation
Minister of Housing and Local Government
Uniform Building By-Law 2ndary legislation
Environmental Quality ACT Primary Legislation
Minister of Natural Resources and Environment
Environmental Quality Schedule Waste Regulations 2ndary
legislation

Laws and Regulations

The Registration of Engineers Act:
1 Part I; (1 & 2) Citations and definitions
2 Part II; (3 & 4) Establishment & function of Board of Engineers
3 Part III; (5 to 14) Registration of engineers
4 Part IV; (15 to 18) Cancellation, removal, renstatement
5 Part V; (19 to 29) General issues; appeals, penalties,
investigating committee.
Section 2. Interpretation.
professional engineering services means engineering services and
advice in connection with any feasibility study, planning survey, design,
construction, commissioning, operation, maintenance and management
of engineering works or projects and includes any other engineering
services approved by the Board;

Laws and Regulations

Section 5(1). The register contains 5 categories

of Engineers
1 Professional Engineers,
2 Graduate Engineers,
3 Temporary Engineers,
4 Engineering Consulting Practices (ECP); and
5 Accredited Checkers.

Laws and Regulations

Section 7(1) No person unless he is a registered Professional Engineer:

1

practice , carry on business or take up employment which requires him to

carry out or perform professional engineering services;

be entitled to described or hold himself out under any name , style or title as;

Professional Engineer
Use the abbreviation Ir.
Use of display in any sign, board or card or any device representing or
implying that he is a Professional Engineer.
3

Be entitled to recover in court any fee, charge, remuneration or other form of

consideration for any professional engineering services rendered

or use the prescribed P.E. stamp.

Laws and Regulations

Section 7A Engineering Consulting Practice (ECP)

1

ECP registered with the Board who is a sole proprietor or partnership or body
corporate entitled to recover in court any fee, charge, remuneration or other
form of consideration for any professional engineering services rendered

Partners, directors etc. of ECP must be Professional engineers registered with

the Board.

Section 7B Body Corporate providing service as may be registered with the

Board:
1

Min. 70% held by combined prof. architects, prof. engineer, registred QS or

body corporate practicig as architec, ECP or QS.

P.Eng or E.C.P. holds at least 10%

Rest of 30% may be held by other persons belonging to a profession allied to

engineering, architectural or QS.

Laws and Regulations

Registration of Engineers Regulations

The Registration of Engineers Regulations:

1 Part I; (1 & 2) Preliminary
2 Part II; (3 to 15) Administration and operation of the Board of
Engineers
3 Part III; (16 to 22) Registration of engineers
4 Part IIIA Investigating Committee
5 Part IV (23 to 33) Code of Professional Conduct
6 Part V; (34 to 36) Registration of ECP.
7 Part VI (37 to 38) Professional Assessment Examinations (PAE).

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Laws and Regulations

Registration of Engineers Regulations

Part III, REGISTRATION OF GRADUATE ENGINEERS AND PROFESSIONAL ENGINEERS

22. (1) The practical experience that a registered Graduate Engineer is required
to obtain under section 10 (1) (b) of the Act in order to be entitled to apply for
registration as a Professional Engineer shall be carried out in a manner
satisfactory to the Board for a period of three years
(a)in the planning, design, execution or management of such works as
comprised within the profession of engineering;
(b)in engineering research;

(c)or in the teaching in a course leading to a qualification approved by the

Board,
and at least one year of such practical experience shall be obtained in
Malaysia under the supervision of a registered Professional Engineer of the
same discipline or an approved allied discipline and shall be in fields of
engineering practice other than in research or teaching.
(2) Satisfactory attendance of Continuing Professional Development (CPD).

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Laws and Regulations

Registration of Engineers Regulations

Section 38 Professional Assessment Examination (PAE):

1.

Professional interview conducted by not less than two examiners

appointed by the Board;

2.

A written paper on any relevant subject related to the practical

experience which he has obtained;

3.

A written paper on his understanding of the Code of Professional

Conduct; and

4.

Any other examination, written or otherwise, to be determined by the

Board.

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Other Laws Having Relevance

Quick List of Laws Having Relevance
Primary Legislation

1 Street, Drainage & Building ACT,

UBBL & Earthworks By Law

Ministry

Relevance

Housing & Local

Govt.

Submissions of plans to local

authorities
Submission for fire safety

2 Fire Services ACT

3 Environmental Quality ACT

Natural Resources
and Environment

Submission to DOE

4 Factory & Machinery ACT

Human Resources

Submission for Lifts/gas

pipes (>150psi)

5 OSH ACT

Human Resources

Site Safety

6 Petroleum Safety Measures ACT

Human Resources

Gas storage/pipeline >150psi

7 Gas Supply Act

Energy, Green
Tech. & Water

Gas Engineer, pipeline

distribution < 150psi

8 Electricity Supply Act

Competent Elect Engineer

9 SPAN ACT

Plumbing submission

13

Other Laws Having Relevance

Local Government ACT

Registration
of Engineers
Act

Submission of plans,
engineering surveys,
drawings, schemes,
proposals, reports or studies:

Local
Authorities

14

Other Laws Having Relevance

Local Government ACT

Town and
Country
Planning ACT

146 Local Governments

Street, Drainage
and Building
ACT

15

Summary Conclusion

WHAT ARE THE RAMIFICATIONS FOR A SUBMITTING ENGINEER?

The Professional
Engineer

Civil Law
Act

Registration of
Engineers Act
Street, Drainage
and Building Act
Contract
Law

Public

Duty of care to the public

Breach of registration/ethics

Breach of Regulations

BEM

Local
Authorities

Fiduciary interest & duty of care to Client

Client

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Concepts in Professionalism

Professionalism is a standard of conduct which is generally ethical (moral) in nature.

Professionalism contains 4 concepts which are universal in nature.

Public Interest
Clients Interest
Code of Conduct
Expert Knowledge

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Concepts in Professionalism
Public Interest

THE PUBLIC INTEREST

Clients Interest

Code of Conduct
Expert Knowledge

Public Interest Decisions or actions

do not harm the public or is injurious to
the society.
Public interest holds paramount consideration in the
conduct and work of the professional engineer.

Example: The professional will not undertake work

which harms the environment even if by so doing he (or
his client) suffers financial losses.

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Concepts in Professionalism

FIDUCIARY INTEREST (Clients Interest)

Fiduciary Interest Wester Dictionary: Fi du cia ry
(a) of or relating to a holding of something in trust for another;
(b) of or being a trustee or trusteeship;
(c) held in trust.

The interest of the client takes precedence over his

personal interest.
Example: Doctor-patient; lawyer-client relationship.
Designing for the most economical method even if it
means lower fees for the consultant engineer !

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Concepts in Professionalism

PROFESSIONAL CONDUCT
Code of Honour (Code of Professional Conduct)
A standard of conduct to uphold the status of the
Profession.
Code of Conduct are of moral, ethical and personal in
nature and are universal across all professions.

Honesty
Avoid conflict
of Interest

Fairness
Modesty

Unbiased
Judgement

Uphold
The Profession

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Concepts in Professionalism

EXPERT KNOWLEDGE
Knowledge above that of the General Public
The expert knowledge of the professional distinguishes
him from the general public and of other professions.

Sub Agenda: Advancement of technical knowledge.

Continuing Professional Development (CPD)!
CPD is mandatory for registration and renewal of
professional license.

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Clause

Code of Professional Conduct

Brief Description

Concept

23

Conduct of Registered Engineer (uphold dignity, high

standing, reputation of profession).

24

Responsibility to employer, clients or profession.

1 & 2a

Discharge of duties with complete fidelity.

Accept remuneration only from his employer.
Reputation etc. of a Registered Engineer not to be
injured.
Canvassing and advertising prohibited.
Registered Engineer not to practice with any person
whose registration has been cancelled.
Restrictions on making payments or placing contracts.
A registered Engineer not to intervene or to take over
the work of another.
Restrictions on being a director, member or shareholder
of contracting and manufacturing company etc.

2a
2 & 3a
3a

Disclosure of interest.

2 & 3a

25 (1)
25 (2)
26
27
28
29
31
32
33

3a

3a
3a
2 & 3a
3a
2 & 3a

Note : 1= Public Interest; 2 = Fiduciary Interest; 3 = Code of Conduct; 4 = Expert Knowledge

Description
standing of
profession
Public & fiduciary
interests
Fiduciary interest
Conflict of interest
Fair consideration
of his peers.
Modesty
standing of
profession
Conflict of interest
Fair consideration of
his peers.
Fiduciary interest &
Conflict of interest
Conflict of interest

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Responsibility to Society/Public

CIVIL LAW AND TORTS

Common Law Countries
Civil Law

Public Law

Body of law dealing with

disputes between individuals or
organisations)

Body of law dealing with action

taken by the state against
individuals.

Compensations may be awarded

to victim of civil wrong.

Action is deterrence and

retribution (to pay back).

E.g. Civil Law, Contract Law

E.g. Criminal law. Statutory law

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Responsibility to Society/Public

CIVIL LAW AND TORTS

TORTS \tort\ a wrongful act other than a breach of contract
for which relief may be obtained in the form of damages or an
injunction.
TORTIOUS \tor sheas\ adjective, implying or involving torts.
TORTFEASOR \tor fesers\ noun, a person who commits a
tortious act.

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Responsibility to Society/Public

CIVIL LAW AND TORTS

Torts
Negligence Torts

Intentional Torts

Accidents

Nuisance

Product Liability

Trespass

Duty of Care

Defamation
Professionals are
concerned with
negligence torts

False Imprisonment

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Responsibility to Society/Public

CIVIL LAW AND TORTS

Rules of Equity (or doctrine of equity) is a set of legal principles in English law
parallel to English common law, acts as a supplement to strict rules prescribed by
laws so as to achieve principles of natural justice. Whereas remedy in Civil Law may
provide award for damages (frequently monetary), relief under equity include
injunctions or writs e.g. injunction directing a person to act or to refrain from acting
etc., writ of habeas corpus etc.
In law decisions are made with reference to strict rules of legal doctrines or statutes.
However in Equity, which its emphasis on fairness and natural justice, decisions are
based on general guides which in English law are the rules of equity.

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Responsibility to Society/Public

CIVIL LAW AND TORTS

In commonwealth justice
system, rulings on civil suits
are based on the twin body of
1. Common Law
2. Rules of Equity
Civil Action
Common Law
Body of precedents.
Relief are award for damages.

Rules of Equity
Rules developed by the kings
court (the chancery court).
Supplement common law.
Relief are injunctions, writs.

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Responsibility to Society/Public
Professional Responsibility & Duty of Care

1 Professionalism requires the Engineer to place public

interest and his clients interest above his own.
2 Action may be taken by the public suffering damages
against any tortfeasor causing such damage.
3 In negligence tort, the professional engineer owes a duty
of care to the public and his client.

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Responsibility to Society/Public

DUTY OF CARE
THE BOLAM TEST

The Bolam Test has since pass

into the body of Malaysian Law.

Bolam v Friern Hospital Management Committee, U.K. [ 1957 ]

He (the hospital) is not guilty of negligence, if he has acted in
accordance with a practice accepted as proper by a responsible body of
medical men skilled in that particular art.
The standard duty of care required of a professional engineer is
sufficient by exercising the ordinary skill of an ordinary engineer
exercising their particular art.
Highland Tower Ruling, K.L. High Court, Aug 2000:
the learned judge ruled that ... the unqualified architect who undertook the
works would be judged on the standard of a reasonably qualified architect ...
Thus even an unregistered engineer who practices engineering will be liable
under Civil Law!

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Responsibility to Society/Public

DUTY OF CARE
Dr Abdul Hamid Rashid v Jurusan Malaysian Consultants [1997] 3 MLJ 546

the court held that there was an implied term in the agreement that the fourth
defendant, by publicly proclaiming himself as a consulting civil engineer to
the general public, was expected to take reasonable care and skill in the
performance of his craft.
Steven Phoa Cheng Loon v Highland Properties Sdn Bhd & Ors [2000] 4 CLJ 508,

the condition of the land on which the building is to be built as well as those
in the vicinity must be considered and evaluated, particularly if it has potential
to adversely affect the building that is being planned.
A Professional Engineer is liable even in the absence of a written
contract or appointment.
The vicinity of the site must be considered (even if outside the
battery limit of contract).

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Responsibility to Society/Public

DUTY OF CARE - CONCLUSION

PROFESSIONAL ENGINEERS SUBMITTING PLANS

1 Engineers are required to be proficient in engineering practice,
standards, code of practice and regulations (Bolam Test).
2 Skills considered expert level in yesteryears will become normal
practice in present times. This requires engineers to have CPD in order
to stay current in his practice (Bolam Test).
3 Even non-registered engineers who practice engineering will be subject
to Torts (tort laws).
4 Once professional service(s) is rendered, an engineer is liable even in the
absence of a written contract or appointment (contract law).