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EGE 3103

Engineers and Society


Regulations, Law and Statute Law in Malaysia
Lecture 6

LEARNING OBJECTIVES
LEARNING OBJECTIVE
To

have a basic awareness of the legal, environmental and socio-

economic factors (economic, ethics, etc.) which have a significant


impact on society.

LEARNING OUTCOME
To

appreciate the impact of regulation in industry

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Most relevant regulations, law & statute law


in Malaysia
Engineers practice a profession and must obey
regulation and the laws governing their professional
practice and conduct.
Laws are enacted by the Parliament.
Engineers need to be aware of the potential legal
liability resulting from violation of laws and regulations
to protect their company and themselves from legal
and administrative actions.
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Most relevant regulations, law & statute law


in Malaysia

Acts are laws enacted by the Parliament.


In the Malaysian system of governance, Parliament
has the power to enact laws. There are the Lower
House known as the Dewan Rakyat or House of
Representatives and the Upper House known as the
Dewan Negara or Senate.
The Parliament will exercise its power to make laws
by the passing of Bills in both Houses. The House,
which a Bill is originated, shall send it to the other
House once the Bill has been passed.

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King of Malaysia Monarchy

The Yang di-Pertuan


Agong or Raja Malaysia.
Appointed Head
Monarchy / Head of State
of Malaysia.
Current King: Sultan of
Kedah.
Term: 2011 2016

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Most relevant regulations, law & statute law


in Malaysia

After both Houses have passed the Bill, it must then


be presented to the Yang di-Pertuan Agong for his
Royal Assent under the Article 66(3) of the Federal
Constitution.
A Bill assented by the Yang di-Pertuan Agong shall
become Law of the land.
However, no laws shall come into force until it has
been gazetted or published under the Article 66(5) of
the Federal Constitution.
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Legal applications to engineering practice

Regulations, law &


statute law in
Malaysia related to
Engineering
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Most relevant regulations, law & statute law


in Malaysia

Board of Engineers, Malaysia


(http://www.bem.org.my)

REGISTRATION OF ENGINEERS ACT 1967


(Incorporating amendments up to 2015)
REGISTRATION OF ENGINEERS REGULATIONS
1990 (Incorporating amendments up to 2003)
Guideline for Professional Code of Conduct

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Engineering Regulations in Malaysia

Governs by Engineers Act 1967 (revised in


1972, 1973,1974,1987, 2002, 2007 and 2015).
All Engineers MUST register with the Board of
Engineers Malaysia (BEM) upon graduation.
It is an offence under the Engineers Act if
engineers practice without registering with BEM.

Regulating
engineers

Engineers Act 1967

Regulates all
engineering practices in
Malaysia
e.g. register all
practicing graduate and
professional engineers,
set scale of fees
charged by engineers,
etc.

Most relevant regulations, law & statute law


in Malaysia

Department of Occupational Safety and


Health, Malaysia
(http://www.dosh.gov.my)

Factories and Machinery Act 1967 (Revised 1974)


Occupational Safety and Health Act 1994 (Act
514)
Petroleum (Safety Measures) Act 1984 (Act
302)

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Department of Occupational Safety &


Health (DOSH)
The Department of Occupational Safety and Health
comes under the Ministry of Human Resources
Responsibility : Administrating and enforcing legislation
related to occupational safety and health (OSH) to
ensure that safety, health and welfare of people at work
are protected from hazards resulting from occupational
activities

Department of Occupational Safety &


Health (DOSH)
FACTORIES AND MACHINERY ACT 1967 (REVISED 1974)
An Act to provide for:
the control of factories with
respect to matters relating to
the safety, health and welfare
of person;
the registration and
inspection of machinery and
for matters connected
therewith.

FACTORIES AND MACHINERY ACT 1967 (REVISED - 1974)

FACTORIES AND MACHINERY ACT 1967 (REVISED - 1974)

FACTORIES AND MACHINERY ACT


1967 (REVISED - 1974)

Department of Occupational Safety &


Health (DOSH)
OCCUPATIONAL SAFETY AND HEALTH ACT 1994
(ACT 514)

Department of Occupational Safety &


Health (DOSH)
OCCUPATIONAL SAFETY AND HEALTH ACT 1994
(ACT 514)

OCCUPATIONAL SAFETY AND


HEALTH ACT 1994 (ACT 514)

OCCUPATIONAL SAFETY AND


HEALTH ACT 1994 (ACT 514)

OCCUPATIONAL SAFETY AND


HEALTH ACT 1994 (ACT 514)

OCCUPATIONAL SAFETY AND


HEALTH ACT 1994 (ACT 514)

OCCUPATIONAL SAFETY AND


HEALTH ACT 1994 (ACT 514)
Employers have responsibility to ensure the health,
safety and welfare of their workforce, to assess risks, to
ensure implementation of necessary protection
measures, to provide relevant staff training, to publicize
health and safety information, to report injuries and
accidents.

OCCUPATIONAL SAFETY AND


HEALTH ACT 1994 (ACT 514)
Employees have a duty to take reasonable care for their
own health and safety and that of others, to cooperate
with an employer on health and safety matters, including
by use of protection equipment.
Employees can refuse to do something unsafe without
being threatened with disciplinary action.

Department of Occupational Safety &


Health (DOSH)
PETROLEUM (SAFETY MEASURES) 1984 ACT 302

Most relevant regulations, law & statute law


in Malaysia

Department of Environment,
Malaysia
(http://www.doe.gov.my)

Environment Quality Act (1974)

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Environment Quality Act (1974)

The Impact of Regulation in Industry

3 main forms of REGULATION are


used:
Guidance (not compulsory, but aimed at helping
compliance with the law)
Approved

Codes of Practice (support good

practice, and have legal status if they have not followed


relevant provisions)
Legislation (legal requirements)

The Impact of Regulation in Industry

Videos on:
DOSH
DOSH incident

The Impact of Regulation in Industry


CASE STUDY : HIGHLAND TOWERS TRAGEDY

It was a highly sought-after property as it was


located on a hill and surrounded by forests and
cool air.
On Dec 11, 1993, Block 1 of the condominium
collapsed at exactly 1.35pm.
The 12-storey building came crashing down in
less than five minutes, taking with it the lives of
48 residents. Only three victims were brought out
of the rubble.

The Impact of Regulation in Industry


CASE STUDY : HIGHLAND TOWERS TRAGEDY

The Impact of Regulation in Industry


CASE STUDY : HIGHLAND TOWERS TRAGEDY

The Impact of Regulation in Industry


CASE STUDY : HIGHLAND TOWERS TRAGEDY

Of Those Who Were Trapped In The Rubble,


Only An Indonesian Maid And An 18-Month-Old
Baby Survived.
Nur Hamidah Najib, who was 18 months old then,
and her mother Umi Rashidah Khoruman, 22,
were among the first three people to be pulled out
alive from the rubble. The third was a Japanese
woman, Shizue Nakajima, 50, who later died in
the hospital from her injuries.

The Impact of Regulation in Industry


CASE STUDY : HIGHLAND TOWERS TRAGEDY

The Impact of Regulation in Industry


CASE STUDY : HIGHLAND TOWERS TRAGEDY

The Impact of Regulation in Industry


CASE STUDY : HIGHLAND TOWERS TRAGEDY
I have reiterated my strong sentiments against this
type of attitude of professionals whose only consideration is
to guard and secure their own interest rather than their duties
and obligations to those closely affected and the public on
which so much faith andreliance are placed on them to carry
out their professional duties.
I need not elaborate further except to remind this Defendant
that he has to live out the rest of his life knowing truly well
that he had contributed to the tragedy of Highland Towers.
The 3rd Defendant was found liable in negligence
and nuisance.

The Impact of Regulation in Industry


CASE STUDY : HIGHLAND TOWERS TRAGEDY

Every architect, engineer and developer


must never allow an unsafe condition to
persist or develop at the construction site.
They should also ensure at all times that
there is no threat to public health and
welfare and remember two assets which are
vital to the practice of their profession

their

integrity and their ability.

The Impact of Regulation in Industry


CASE STUDY : HIGHLAND TOWERS TRAGEDY
ENGINEERING practices over hillside development
have improved since the Highland Towers tragedy, with
experts saying that the authorities have strictly adhered
to the guidelines.
Real Estate and Housing Developers Association
president Datuk Seri Michael Yam agreed with the

importance set by the authorities on hillside


development.
Guidelines on hillside development in Malaysia are
already well in place.

The Impact of Regulation in Industry


CASE STUDY : HIGHLAND TOWERS TRAGEDY
Legislation

and regulations have been


made more stringent in recent years, he said,
adding that when failure took place, it was due to poor
monitoring and poor maintenance of hill slope and
retaining structures.
He said that the association members relied on
professionals registered with the Board of Engineers to
ensure that their development was safe and sound.

Uniform Building By Laws 1984 recent


revision 2012

The above is also gazette through


enactment by Parliament, for engineers
and architects to design for buildings and
surrounding areas.
It is actually a subset of the Street,
Drainage and Building Act 1974 Act 133.

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Revised UBBL 2012

Custodian is Ministry of Housing &


Local Government.
Incorporating MS EN Eurocodes in
place of BS standards for design
and construction.
To date, only two states, ie
Selangor and Terengganu have
gazette for full implementation.
Meaning all submissions to authority
for approval by professional
engineers, must be referred to MS
EN Eurocodes and not BS
standards.

Some amendments in UBBL 2012

IEM takes the lead in Eurocode for the


construction industry

IEM was appointed as a Standards Writing Organization


(SWO) by SIRIM and DSM, in 2003 in drafting national
standards for concrete and steel design based on
Eurocodes.
Since then five National Annexes have been completed
between 2010 to 2012 and published by DSM, as MS
EN Eurocodes.

MS EN Eurocodes already published

Coming Malaysian NA to
Eurocode 8

First Earthquake Design standard


for Malaysia.
Expected to be ready by end of
2015, for DSM to circulate out for
public comments, for a period of 3
months.
Expected to be ready for official
publication release by April 2016

Why is there a need for standards?

And what is the involvement of engineers


in the drafting of engineering standards?
Shouldnt there be the responsibilities of
Government authorities?
Quality and ethics how are they interrelated?

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The need for engineering standards

Engineering work and product can affect safety and welfare of public at
large hence the methods and procedures have to be properly described
and followed strictly in order to avoid injury, death to persons or damage to
property.
Standards are needed so as to properly record all the improvements /
safeguards learnt from previous experience of failures or unsuccessful
implementations in order not to repeat the same mistakes / failures faced
in the past.
Standards are useful references for students and new engineers who are
not well versed in industrial practices, so that they can understand and
appreciate the problems and difficulties faced by practicing engineers on the
job.
Standards are able to capture the latest technologies and improved
practices, then it can be a good source of reference even for the practicing
engineers, and usually internationally recognised for global practices.

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Standards for industry practices

As shown in earlier slides, all branches of


engineering somehow need to have a set
of standards / standards operating
procedures, to ensure proper
implementation of planning, design,
production, testing, commissioning,
maintenance, repair, upgrade, and even
dismantling

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Learning from past experiences / failures

Mistakes are commonly made when things


are done for the first timeand as
intelligent humans, the person involved,
invariably an engineer, will learn and make
corrections, before re-doing.
Hence, the person directly involved are the
designer who is usually also the person
putting the design into practice / action

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Engineer is the key person in


engineering matters on design and so on

Therefore, it stands to reason that the


engineer himself will have to draft a set of
standard proceduresso that other
engineers who follow on or taking up the
same role/function can adopt the process /
system, in order to re-produce the same or
similar outcomesor even better, make
further adjustments / improvementsas
expected of an industrial expert

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Role & contribution as standards


developer by the engineer

In view of his theoretical knowledge, and having


hands-on experiencethe engineer is in the
best position to advise in drafting engineering
standards for all matters relating to his area of
expertise, such as chemical, civil, computer,
electrical & electronic, mechanical, marine,
biomedical, etc
The national standards agency seeks the input
of engineers in drafting of engineering and
technical standards, manuals, codes of practice..

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IEM as the Standards Writing


Organisation (SWO) for DSM

DSM : Department of Standards Malaysia


Members of IEM are actively sought to
form and be part of technical committees
in drafting necessary standards, urgently
required for industry practices or
references.
And these members are all engineers by
training and majority are qualified PEs.

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Moral of the story

As a professional engineer, be prepared to


be involved in standards developmentas
a way to contribute back to the profession
and the society.
Besides drafting standards, there are other
ways for an engineer to volunteer
services, contribute back to the profession
and the society.

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