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Case 1- Backhanders
Exercising prudent professional judgment A private contractor was contracted by the government to fill a slope that formed part of the site formation for a housing project. The newly filled slope collapsed after a heavy downpour, blocking a nearby road. This caused losses to the government, as it had to pay both for the work that was not carried out properly and for the work to rectify the problem. Following the incident, the ICAC received a complaint alleging that inferior materials had been used in the project and that corruption might have led to a cover-up. The ICAC investigation revealed that an assistant engineer, at the request of his senior, deceived the government by falsely representing that the materials used to fill the slope were up to specifications. Following the instructions of his senior who may be anxious to complete the project on time without incurring extra costs, the assistant engineer substituted the original soil samples that did not comply with specifications with ones that would pass the soil test. The assistant engineer did not receive any financial advantage, but simply listened to his senior, to replace the test samples with good quality slope materials so that the soil samples could be approved.
Legal concerns 2. Consequences of malpractice: The assistant engineer was convicted of conspiracy to defraud and sentenced to two years and nine months' imprisonment.
Morals and ethical concerns 2. Develop skills to detect malpractice and
handle ethical dilemmas: 3. Extra costs are incurred to rectify the problem:
Advice on preventive actions 2. Promote a culture of compliance: To sustain a comprehensive quality system, a company needs staff with good technical knowledge and skills that they apply with honesty and fairness. In this context, engineers of high integrity are the keystones of a compliance culture. Management also has the responsibility to promote the culture of compliance both by providing a clear direction and acting as a role model. 3. Heighten awareness of malpractice through
training: Engineers and staff will benefit from training that helps
heighten their awareness of malpractice. It is important that they gain
an adequate understanding of the statutory provisions relating to bribery
offences. Related instructions, company guidelines and requirements concerning
conduct of staff are also useful for reducing their vulnerability to malpractice.
Ethics Plus The ETHICS PLUS decision-making model has been designed by the Independent Commission Against Corruption (ICAC) as a tool to help you develop the skills you need for exercising sound judgment when you are faced with ethical issues. How to guard against malpractice This chapter provides you with some preventive measures and guidelines for tackling ethical issues that commonly arise in engineering practice. They are particularly important to engineers who have a managerial role in their organizations. |