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Question 2

Hold paramount the safety, health and welfare of the public. This is the first code of
ethic that engineers must adhere to. Your group is required to:


1) Describe why the first code of ethic is paramount important to all engineers?
   All references stated will be verified and mark will be given (4 marks)
2) Highland towers in Taman Hill view, UluKlang, Selangor, Malaysia collapsed in 11
   December 1993. Describe the ethical issue, leading to the tragedy (5 marks). References
   are essential for high score.
3) Discuss the steps or actions that should have been taken to prevent the tragedy that are
   relevance to the code of ethics (4 marks)
4) Discuss who and why with reference to responsibilities and liabilities in the highland
   tower tragedy.
Question 2

Hold paramount the safety, health and welfare of the public. This is the first code of
ethic that engineers must adhere to. Your group is required to:

1) Describe why the first code of ethic is paramount important to all engineers?
   All references stated will be verified and mark will be given (4 marks)


Answers;


      This is because the duty of an engineer is to ensure the safety, health and welfare of the
      public.Then, 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.
      Engineering ethics focus on the way information is given to the public.

      This is based on statement from:

      a) http://www.nspe.org/Ethics/CodeofEthics/index.html

  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.
      b) http://www.cas.mcmaster.ca/~baber/Courses/3J03/StudentPresentations/OriginsProfEt
         hicsFan g.pdf
  By referring to slide 16 from OrginsOf Professional Ethics presented by Yuan Fang. This
  Slide show has been referring for many references such as Johnson, Deborah G. ethical
  issue in engineering.
  Similarities in different professional fields

  -     Focus on public safety and the safety of their patients and client
  Differences in different professional field

  -     The paramount duty of engineers is to ensures: safety,health and welfare of the
        public.
c) http://www.ckoon-law.com/Paper/ENGINEERS%20IN%20SOCIETY.pdf


  5.0 THE MODERN ENGINEERS

  5.1 Engineers owe responsibility to
  • The general public: safety, environment
  • Direct consumers of the project
  • Fellow engineers
  • Clients e.g. government, industry

   d) http://www.scribd.com/doc/24004818/Codes-of-Ethics-of-Professional-Engineering




2) Highland towers in Taman Hill view, UluKlang, Selangor, Malaysia collapsed in 11
   December 1993. Describe the ethical issue, leading to the tragedy (5 marks).
   References are essential for high score.
Answers;

   The ethical issuethat leading to the tragedy is second of code of ethic, Engineers shall
   perform services only in the areas of their competence. Engineers shall undertake
   assignments only when qualified by education or experience in the specific technical
   fields involved.Engineers shall not affix their signatures to any plans or documents
   dealing with subject matter in which they lack competence, nor to any plan or document
   not prepared under their direction and control.

   Another ethical issue that include to the tragedy is first of code of ethic, Engineers shall
   hold paramount the safety, health, and welfare of the public. If engineers' judgment is
   overruled under circumstances that endanger life or property, they shall notify their
   employer or client and such other authority as may be appropriate.Engineers shall
   approve only those engineering documents that are in conformity with applicable
   standards.
   This is based article from :
   a) http://constructionrisk.blogspot.com/2006/02/highland-tower-tragedy.html.
   B.The EngineerThe Engineer’s defense 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 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.He should have ensured the stability of the hillslope behind
   HighlandTowers.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. He ought to have inquired as towhether this professional was qualified, and
whether what he was doing affected the safety of the Tower Blocks.[Other Aspects of the
Engineer’s negligence – gross violation of his duty of care to the purchasers in the issue of
a notification to the Authorities that the approved drainage was built when only 10% was
built]


b) http://mavrkyprojectphoto.blogspot.com/2006/02/highland-tower-collapse.html
 The Third Defendant (Engineer) was liable in negligence for not having taken into
 account the hill or slope behind the Towers, not having designed and constructed a
 foundation to accommodate the lateral loads of a landslide or alternatively to have
 ensured that the adjacent hillslope was stable, for not having implemented that
 approved drainage scheme, for colluding with the First and Second Defendants to
 obtain a Certificate of Fitness without fulfilling the conditions imposed by the Fourth
 Defendant and also in nuisance as he was an unreasonable user of land.


c) http://www.digitalibrary.my/dmdocuments/malaysiakini/294_The%20Highland%20T
   owers%20Tragedy.pdf
 Page 60 point 155 and 158
 CONCLUSIONS AND RECOMMENDATIONS
 Planning, Supervision and Construction
 155. The developer, the submitting person and the consultant engineer did not carry out
 ground investigation to assess the stability of slope and the earthwork design behind
 the Condominium in spite of the stipulated conditions in the development order.
 158. The engineer committed unethical practice by signing the roads and draining
 plans not designed by him, for purpose of obtaining Certificate of Fitness


d) http://www.nspe.org/Ethics/CodeofEthics/index.html
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.
3) Discuss the steps or actions that should have been taken to prevent the tragedy
      that are relevance to the code of ethics (4 marks)


Answers;

   a) As Architect must doing complying with his duties. The architect liable in negligence
      for having ensured adequate drainage and retaining walls were built on the hillslope
      adjacent to the Highland Towers site.

   b) As Engineer must doing complying with his duties. Engineers shall undertake
      assignments only when qualified by education or experience in the specific technical
      fields involved. 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.

   c) The First Defendant was liable in negligence for engaging a qualified architect,
      constructing insufficient.


   d) Local Authority although not negligent in respect of its duties associated with
      building. i.e. in respect of approval of building plans, to ensure implementation of the
      approved drainage system during construction, and in the issue of the Certificate of
      Fitness.

   e) Building Professionals need to consider the vicinity of the site as well as the site itself
      in assessing safety-particularly in regard to adjacent hillslopes.


   f) Building Professionals 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.


   g) Building Professionals requiredensuring 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.


   h) If Building Professionals hold themselves out to have expertise in a particular area
      when they are unqualified, their conduct will be measured against the ordinarily
      competent qualified practitioner of such expertise.


   i) Building Professionals must ensure the law is followed, reporting to the authorities if
      necessary if their clients break the law, even at the risk of being discharged by their
      client.
4) Discuss who and why with reference to responsibilities and liabilities in the
      highland tower tragedy.
Answers;
    a) The First Defendant was liable in negligence for not engaging a qualified architect,
       constructing insufficient and inadequate terraces, retaining walls and drains on the
       hillslope which could reasonably have been foreseen to have caused the collapse
       diverting the East Stream from its natural course and failing to ensure the pipe
       culvert diversion was adequate, and in nuisance for not maintaining drains and
       retaining walls.


    b) The Second Defendant (Architect) was liable in negligence for not having ensured
       adequate drainage and retaining walls were built on the hillslope adjacent to the
       Highland Towers site, which he foresaw or ought to have foreseen would pose a
       danger to the buildings he was in charge of, in not complying with the requirements
       of the authorities in respect of drainage, in colluding with the First Defendant and
       Third Defendant (the Engineer) to obtain a Certificate of Fitness without fulfilling
       the conditions imposed by the Fourth Defendant (the Local Authority), in so doing
       not complying with his duties as Architect, and in not investigating the terracing of
       the hillslopes and construction of retaining walls even though he was aware they
       would affect the buildings he was in charge of, and also in nuisance as he was an
       unreasonable user of land.

    c) The Third Defendant (Engineer) was liable in negligence for not having taken into
       account the hill or slope behind the Towers, not having designed and constructed a
       foundation to accommodate the lateral loads of a landslide or alternatively to have
       ensured that the adjacent hillslope was stable, for not having implemented that
       approved drainage scheme, for colluding with the First and Second Defendants to
       obtain a Certificate of Fitness without fulfilling the conditions imposed by the Fourth
       Defendant and also in nuisance as he was an unreasonable user of land.

    d) The Fourth Defendant (Local Authority) although negligent in respect of its duties
       associated with building. i.e. in respect of approval of building plans, to ensure
       implementation of the approved drainage system during construction, and in the
       issue of the Certificate of Fitness, was nonetheless conferred immunity by reason of
       s95(2) of the Street, Drainage and Building Act.

    e) The Fifth Defendant (Arab-Malaysian Finance Bhd) was liable in negligence in
       failing to maintain the drains on its land, and in taking measures to restore stability
       on its land after the collapse. Arab-Malaysian Land who carried out site clearing
       works was not found liable on the evidence.

    f) The Seventh Defendant (Metrolux Properties) and its Project Manager, the
       Eighth Defendant, who were liable in negligence and nuisance for preventing water
       from flowing downhill (into their site) and instead directing water into the East
       Stream, when they knew or ought to have known that this would increase the volume
       of water and inject silt, especially where there was extensive clearing on their land,
into the East Stream where it would be deposited, which would in turn (as proved)
   cause or contribute to the failure of the drainage system and collapse of Block 1.

g) The Ninth and Tenth Defendants (essentially the State Government) were not
   found liable due to a technical issue in respect of the particular party sued.

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Engineer Ethics Highland Towers Tragedy

  • 1. Question 2 Hold paramount the safety, health and welfare of the public. This is the first code of ethic that engineers must adhere to. Your group is required to: 1) Describe why the first code of ethic is paramount important to all engineers? All references stated will be verified and mark will be given (4 marks) 2) Highland towers in Taman Hill view, UluKlang, Selangor, Malaysia collapsed in 11 December 1993. Describe the ethical issue, leading to the tragedy (5 marks). References are essential for high score. 3) Discuss the steps or actions that should have been taken to prevent the tragedy that are relevance to the code of ethics (4 marks) 4) Discuss who and why with reference to responsibilities and liabilities in the highland tower tragedy.
  • 2. Question 2 Hold paramount the safety, health and welfare of the public. This is the first code of ethic that engineers must adhere to. Your group is required to: 1) Describe why the first code of ethic is paramount important to all engineers? All references stated will be verified and mark will be given (4 marks) Answers; This is because the duty of an engineer is to ensure the safety, health and welfare of the public.Then, 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. Engineering ethics focus on the way information is given to the public. This is based on statement from: a) http://www.nspe.org/Ethics/CodeofEthics/index.html 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. b) http://www.cas.mcmaster.ca/~baber/Courses/3J03/StudentPresentations/OriginsProfEt hicsFan g.pdf By referring to slide 16 from OrginsOf Professional Ethics presented by Yuan Fang. This Slide show has been referring for many references such as Johnson, Deborah G. ethical issue in engineering. Similarities in different professional fields - Focus on public safety and the safety of their patients and client Differences in different professional field - The paramount duty of engineers is to ensures: safety,health and welfare of the public.
  • 3. c) http://www.ckoon-law.com/Paper/ENGINEERS%20IN%20SOCIETY.pdf 5.0 THE MODERN ENGINEERS 5.1 Engineers owe responsibility to • The general public: safety, environment • Direct consumers of the project • Fellow engineers • Clients e.g. government, industry d) http://www.scribd.com/doc/24004818/Codes-of-Ethics-of-Professional-Engineering 2) Highland towers in Taman Hill view, UluKlang, Selangor, Malaysia collapsed in 11 December 1993. Describe the ethical issue, leading to the tragedy (5 marks). References are essential for high score. Answers; The ethical issuethat leading to the tragedy is second of code of ethic, Engineers shall perform services only in the areas of their competence. Engineers shall undertake assignments only when qualified by education or experience in the specific technical fields involved.Engineers shall not affix their signatures to any plans or documents dealing with subject matter in which they lack competence, nor to any plan or document not prepared under their direction and control. Another ethical issue that include to the tragedy is first of code of ethic, Engineers shall hold paramount the safety, health, and welfare of the public. If engineers' judgment is overruled under circumstances that endanger life or property, they shall notify their employer or client and such other authority as may be appropriate.Engineers shall approve only those engineering documents that are in conformity with applicable standards. This is based article from : a) http://constructionrisk.blogspot.com/2006/02/highland-tower-tragedy.html. B.The EngineerThe Engineer’s defense 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 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.He should have ensured the stability of the hillslope behind HighlandTowers.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
  • 4. consultant. He ought to have inquired as towhether this professional was qualified, and whether what he was doing affected the safety of the Tower Blocks.[Other Aspects of the Engineer’s negligence – gross violation of his duty of care to the purchasers in the issue of a notification to the Authorities that the approved drainage was built when only 10% was built] b) http://mavrkyprojectphoto.blogspot.com/2006/02/highland-tower-collapse.html The Third Defendant (Engineer) was liable in negligence for not having taken into account the hill or slope behind the Towers, not having designed and constructed a foundation to accommodate the lateral loads of a landslide or alternatively to have ensured that the adjacent hillslope was stable, for not having implemented that approved drainage scheme, for colluding with the First and Second Defendants to obtain a Certificate of Fitness without fulfilling the conditions imposed by the Fourth Defendant and also in nuisance as he was an unreasonable user of land. c) http://www.digitalibrary.my/dmdocuments/malaysiakini/294_The%20Highland%20T owers%20Tragedy.pdf Page 60 point 155 and 158 CONCLUSIONS AND RECOMMENDATIONS Planning, Supervision and Construction 155. The developer, the submitting person and the consultant engineer did not carry out ground investigation to assess the stability of slope and the earthwork design behind the Condominium in spite of the stipulated conditions in the development order. 158. The engineer committed unethical practice by signing the roads and draining plans not designed by him, for purpose of obtaining Certificate of Fitness d) http://www.nspe.org/Ethics/CodeofEthics/index.html 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.
  • 5. 3) Discuss the steps or actions that should have been taken to prevent the tragedy that are relevance to the code of ethics (4 marks) Answers; a) As Architect must doing complying with his duties. The architect liable in negligence for having ensured adequate drainage and retaining walls were built on the hillslope adjacent to the Highland Towers site. b) As Engineer must doing complying with his duties. Engineers shall undertake assignments only when qualified by education or experience in the specific technical fields involved. 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. c) The First Defendant was liable in negligence for engaging a qualified architect, constructing insufficient. d) Local Authority although not negligent in respect of its duties associated with building. i.e. in respect of approval of building plans, to ensure implementation of the approved drainage system during construction, and in the issue of the Certificate of Fitness. e) Building Professionals need to consider the vicinity of the site as well as the site itself in assessing safety-particularly in regard to adjacent hillslopes. f) Building Professionals 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. g) Building Professionals requiredensuring 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. h) If Building Professionals hold themselves out to have expertise in a particular area when they are unqualified, their conduct will be measured against the ordinarily competent qualified practitioner of such expertise. i) Building Professionals must ensure the law is followed, reporting to the authorities if necessary if their clients break the law, even at the risk of being discharged by their client.
  • 6. 4) Discuss who and why with reference to responsibilities and liabilities in the highland tower tragedy. Answers; a) The First Defendant was liable in negligence for not engaging a qualified architect, constructing insufficient and inadequate terraces, retaining walls and drains on the hillslope which could reasonably have been foreseen to have caused the collapse diverting the East Stream from its natural course and failing to ensure the pipe culvert diversion was adequate, and in nuisance for not maintaining drains and retaining walls. b) The Second Defendant (Architect) was liable in negligence for not having ensured adequate drainage and retaining walls were built on the hillslope adjacent to the Highland Towers site, which he foresaw or ought to have foreseen would pose a danger to the buildings he was in charge of, in not complying with the requirements of the authorities in respect of drainage, in colluding with the First Defendant and Third Defendant (the Engineer) to obtain a Certificate of Fitness without fulfilling the conditions imposed by the Fourth Defendant (the Local Authority), in so doing not complying with his duties as Architect, and in not investigating the terracing of the hillslopes and construction of retaining walls even though he was aware they would affect the buildings he was in charge of, and also in nuisance as he was an unreasonable user of land. c) The Third Defendant (Engineer) was liable in negligence for not having taken into account the hill or slope behind the Towers, not having designed and constructed a foundation to accommodate the lateral loads of a landslide or alternatively to have ensured that the adjacent hillslope was stable, for not having implemented that approved drainage scheme, for colluding with the First and Second Defendants to obtain a Certificate of Fitness without fulfilling the conditions imposed by the Fourth Defendant and also in nuisance as he was an unreasonable user of land. d) The Fourth Defendant (Local Authority) although negligent in respect of its duties associated with building. i.e. in respect of approval of building plans, to ensure implementation of the approved drainage system during construction, and in the issue of the Certificate of Fitness, was nonetheless conferred immunity by reason of s95(2) of the Street, Drainage and Building Act. e) The Fifth Defendant (Arab-Malaysian Finance Bhd) was liable in negligence in failing to maintain the drains on its land, and in taking measures to restore stability on its land after the collapse. Arab-Malaysian Land who carried out site clearing works was not found liable on the evidence. f) The Seventh Defendant (Metrolux Properties) and its Project Manager, the Eighth Defendant, who were liable in negligence and nuisance for preventing water from flowing downhill (into their site) and instead directing water into the East Stream, when they knew or ought to have known that this would increase the volume of water and inject silt, especially where there was extensive clearing on their land,
  • 7. into the East Stream where it would be deposited, which would in turn (as proved) cause or contribute to the failure of the drainage system and collapse of Block 1. g) The Ninth and Tenth Defendants (essentially the State Government) were not found liable due to a technical issue in respect of the particular party sued.