COURSE EECI 5291

Engineering Practice and Professional Ethics

1. INTRODUCTION
1.1. Course content.
 Financial, Legal, Regulatory, Human Resource Ethical and Business Aspects of
Engineering practice
 Office Organization and Management. Human Resource Management
 Professional Societies. Professional Registration
 The role of engineering in development
 Ethics and Integrity in Engineering Practice
 Occupational Safety and Health Act (OSHA).

1.2. Engineering Practice

 Engineering Practice shall mean any service or creative work requiring engineering
education, training, and experience in the application of engineering principles and the
interpretation of engineering data to engineering activities that potentially impact the
health, safety and welfare of the public.
 The services may include, but not be limited to, providing planning, studies, designs,
design coordination, drawings, specifications, and other technical submissions;
o teaching engineering design courses;
o performing surveying that is incidental to the practice of engineering.
o Reviewing construction or other design products for the purposes of monitoring
compliance with drawings and specifications related to engineered works.

 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 public health, safety and welfare.
 Engineers must perform under a standard of professional behaviour which requires
adherence to the highest principles of ethical conduct.
 Engineers are problem solvers. Successful engineers possess good communication skills
and are team players. They have a good grasp of fundamental physical laws and
mathematics.
 Engineers apply physical and chemical laws and mathematics to design, develop, test and
supervise the manufacture of millions of products and services.
 They consider important factors such as efficiency, cost, reliability and safety when
designing products.
 Engineers are dedicated to lifelong learning and service to others.

1.3. Common Traits of Good Engineers

The activities of Engineers are quite varied, there are some personality traits and work habits that
typify most of today’s successful engineers:

 Engineers are problem solvers.

 Good Engineers are analytical, detailed oriented and creative.
 Good Engineers have a firm grasp of the fundamental principles of engineering, which
they can use to solve many different problems.
 Good Engineers have a desire to be lifelong learners. For example, they take continuing
education classes, seminars and workshops to stay abreast of innovations and new
technologies.
 Good Engineers, regardless of their area of specialization, have a core knowledge that
can be applied to many areas. Well trained Engineers are able to work outside their area
of specialization in other related fields.
  Good Engineers have written and oral communication skills that equip them to work well
with their colleagues and to convey their expertise to a wide range of clients.
 Good Engineers have good “people skills” that allow them to interact and communicate
effectively with various people in their organization.
 Engineers are adept at using computers in many different ways to model and analyze
various practical problems
 Engineers generally work in a team environment where they consult each other to solve
complex problems. Productive Engineers must be good team players.

2. FINANCIAL, LEGAL, REGULATORY, HUMAN RESOURCE

AND BUSINESS ASPECTS OF ENGINEERING PRACTICE

 In the beginning, all engineers had to know were the technical aspects of their jobs.
 The engineers would be challenged to find a solution to the technical problem but would
not have been particularly concerned about the costs, safety or environmental impacts of
the project.
 As years went by, however, the engineers’ job became far more complicated. All
Engineering projects use resources, such as raw materials, money, labour and time.

To stay competitive in the job market, aspiring engineers and those who want to advance need a
strong, diverse set of skills. Although the specific skills required vary by engineering type, the
core competencies are similar across disciplines.

 Technology and computer science skills

 Communication
 Management
 Problem-solving
 Business operations
 Research and critical thinking
 Leadership

2.1 Business side of Engineering

  There is more that goes into building a successful engineering career than just technical
skills—engineering has a business side as well.
 As engineers advance to senior positions, they acquire responsibilities like managing
teams, projects, and budgets.
 To reach those positions and perform their duties effectively, they must have strong
business skills.
 “If an engineer graduating from college ascends from an entry-level position to CEO,
with each promotion, they use less engineering skills and more business skills.”
 While an engineering degree is critical to success, many science, technology,
engineering, and math (STEM) careers rely on business skills to execute daily
responsibilities.
 “Senior engineers and division and department heads all use more business skills in day-
to-day work than engineering skills.”
 From understanding financial basics to engaging in creative problem-solving, there are
business skills every engineer needs.

2.2 Business skills every Engineer needs

1. Effective Communication

 Because engineers’ work is so technical, it’s often difficult for other departments to
understand their impact.
 The more they work across teams to achieve business goals and become involved in the
decision-making process, the more they need communication skills.
 In addition to understanding how to translate technical topics into simplified terms,
engineers should consider mastering negotiation skills, which can help them sell ideas
and get buy-in across organizations.
 That involves identifying ‘stakeholders’ goals, building trust among decision-makers,
successfully navigating the emotions that inevitably surface during conversations, and
knowing how to secure maximum value.

2. Management Essentials
  For prospective engineering managers, it’s important to have a grasp of management
essentials.
 Understanding what motivates colleagues and knowing how to exercise influence,
effectively implement strategies, and develop learning initiatives that help their
organizations innovate are skills that can take their careers to the next level.
 Management skills are vital considering engineers’ earning potential.
 According to a Lightcast report, the media advertised annual salary of engineering
professionals is about $110,528, whereas many management roles earn more than
$165,000 per year. Therefore, gaining management expertise can significantly boost
engineers’ agency and earnings.

3. Problem-Solving

 An engineer’s daily responsibilities typically revolve around solving complex problems.

 When working on intricate issues, it is sometimes easy to get lost in the details and set
creative problem-solving skills aside.
 Creativity in business is beneficial because it:
 Encourages innovation
 Boosts productivity
 Allows for adaptability
 Fosters growth

4. Business Operations

 Business operations is a broad term referring to everything a company or organisation

does to remain profitable. Engineers who want to contribute to those efforts should
develop several foundational skills.
 For example, a basic understanding of financial accounting and business finance can go a
long way for engineers.
 That knowledge can help them measure their work’s impact on revenue, control project
costs, and better understand their organization’s overall budget.
 When combined, these business competencies can help engineers at any level feel
confident making high-level decisions about their organizations' business operations.
  For example, engineers with well-developed economics and analytical skills can leverage
market knowledge and data to identify new opportunities.

5. Research and Critical Thinking

 As technology continues to disrupt industries, the engineers who will advance are those
who know how to spot emerging opportunities and validate their ideas.
 In an increasingly complex global business environment, companies can’t keep
approaching issues the same way.
 Engineers play a pivotal role in researching and identifying new business strategies.
 Engineers must consider: What new challenges haven’t yet emerged that will be
important to find solutions for?
 Harnessing possible industry disruption can help position their organizations for new
growth opportunities.

6. Leadership

 Leadership is an essential business skill for high-level engineers.

 It is particularly important considering the emergence of artificial intelligence in the
technology sector, which has led to an increased number of complex ethical questions
being posed to engineering leadership, such as: What biases are there in algorithms, and
how transparent are they?
 Engineers build products and services that can directly impact society; as a result,
engineering leaders must clearly understand ethical implications in the industry.
 They should approach each problem with integrity and do what is right for their business.
 This requires leadership skills and an agile leadership methodology that allows them to
adapt to a constantly evolving landscape quickly and efficiently.
 In addition to ethical responsibilities, developing a strong leadership style is crucial to
effective leadership.
 To retain employees, satisfy customers, and improve productivity, engineering leaders
must communicate their firms’ visions, guide teams, and influence change management.

2.2 Legal and Ethical Aspects of Engineering practice

2.2.1 General

 Engineering is not only applying scientific laws and principles to technical problems.
 It is focused on improving the lot of society, and as such, it brings engineers into the
mainstream of business and industry.
 Almost all entry – level engineers become involved, at least tangentially, with situations
that call for some understanding of the law and situations that call for ethical judgements.
 A few Examples of where an Engineer might be concerned with legal and ethical issues:
 Preparing a contract to secure the services of a product data management firm.
 Reviewing a contract to determine whether a contractor who built a facility has
satisfactorily fulfilled the terms of a contract.
 Deciding whether it is legal and ethical to reverse an engineer’s product.
 Managing a project to avoid the possibility of a liability suit.
 Protecting the intellectual property created as part of a new product.
 Deciding whether to take a job with a direct competitor that is bidding on a contract
in the area where you are now working.

 The purpose of the legal system is to protect and make life easier for each member of
society.
  The rule of law is important not only in criminal matters, but as it affects other aspects of
society like politics and the economy.

2.2.2 Contracts

 An offer is an expression made by one person (the promisor) that leads another person to
reasonably expect the promisor wishes to create an agreement.
 The offer must be clear, definite, and specific, with no room for serious
misunderstanding.
 An acceptance of the offer is necessary to make a contract legally binding.
 Both the offer and the acceptance must be voluntary acts.
 A contract cannot be forced on anyone.
 A contract is not enforceable by law unless it contains an agreement to exchange
promises with value, the consideration.

2.2.3 Types of Contracts

 Contracts can take many forms.

 They may be classified as expressed or implied, bilateral or unilateral.
 Also, a contract may be either written or verbal.
 Examples of contracts are purchase contracts, leases, a contract to perform a service, or
an employment contract.
 An engineer will have to deal with contracts in a number of different situations.
 Contracts for the purchase or sale of property are common.
 On taking a job you may be asked to sign a contract stating that all technical ideas that
you develop belong to the company, even that conceived while not on the job.
 In technical dealings between companies, one of the parties may be asked to sign a
confidentiality agreement.
 This is a contract in which one of the parties agree to not disclose, make use of, or copy a
design or product that the other party is about to disclose.
2.2.4 The Legal and Ethical Domains

 Ethics is the study of the principles of conduct that govern the behaviour of an individual
or a profession.
 It provides the framework of the rules of behaviour that are moral, fair, and proper for a
true professional.
 Ethical conduct is behaviour desired by society and is above and beyond the minimum
standards of the law.
  “Ethics is knowing the difference between what you have the right to do and what is the
right thing to do.”

2.3. Codes of Ethics

 Morality refers to those standards of conduct that apply to all individuals within society
rather than only to members of a special group.
 Moral values arise from our obligation to respect every other human.
 These are the standards that every rational person wants every other person to follow and
include standards such as the following:
 Respect the rights of others.
 Show fairness in your dealings with others.
 Be honest in all actions.
 Keep promises and counteracts.
 Consider the welfare of others.
 Show compassion to others.
 Note that each of these standards of conduct is based on the italicized values.
 Moral values are not static.
 They change as the culture changes and people become better educated and worldly-wise.
  For example, 100 years ago there was little concern for the impact of technology on the
global environment.
 Today, engineering designs must be concerned with their impact on the sustainability of
the planet.
 By professional ethics we mean those standards of conduct that every member of a
profession expects every other member to follow.
 These ethical standards apply to members of that group simply because they are members
of that professional group.
 Like morality, standards of ethical conduct are value based.
 Some values that are pertinent to professional ethics include:
 Honesty and truth
 Honor – showing respect, integrity, and reputation for achievement.
 Knowledge – gained through education and experience.
 Efficiency –producing effectively with minimum of unnecessary effort.
 Diligence – persistent effort
 Loyalty – allegiance to employer’s goals
 Confidentiality – dependable in safeguarding information
 Protecting public safety and health

 Note that some of these values are directed toward the employer (e.g. confidentiality),
some toward the customer (e.g. Diligence), some toward the profession (e.g. honour), and
some toward society (e.g. public health and safety).
 These values reflect the professional’s value obligations.

2.3.1 Profession of Engineering

 The members of a profession are involved in an intellectual effort that requires special
training that benefits society.
 Collectively, a group of people form a true profession only as long as they command the
respect of the public and inspire confidence in their integrity and a belief that they are serving
the general welfare.
 The nature of professional service varies widely.
 The physician, lawyer, and clergyman have direct, individual relationships with their clients,
but an engineer usually is salaried in someone else’s employ.
 About 95% of engineers work for either industry or government, and only a small, but
important, percentage is in direct contact with the public as consulting engineers or university
faculty.
 Thus, the service aspect of engineering is less obvious to the general public than in other
professions.
 To provide guidance on how to behave in situations with ethical implications, each
engineering professional society has published a code of ethics.
 An example of the Code of ethics for the American Society of mechanical Engineers is given
here.
 Note that the Code is rather brief and quite general in its statements and that it is heavily
oriented toward values. It is not a list of do’s and don’ts.
 The three fundamental principles identify goals for the ethical behaviour of engineers.

2.3.2 The Code of Ethics for Engineers of ASME International

1. The Fundamental Principles

 Engineers uphold and advance the integrity, honour and dignity of the engineering profession
by:
i) Using their knowledge and skill for the enhancement of human welfare;
ii) Being honest and impartial and serving with fidelity their clients (including their
employers) and the public; and
iii) Striving to increase the competence and prestige of the engineering profession.

2. The Fundamental Canons

1. Engineers shall hold paramount the safety health and welfare of the public in the
performance of their professional duties.

2. Engineers shall perform services only in the areas of their competence, they shall hold
their professional reputation on the merit of their services and shall not compete unfairly
with others.

3. Engineers shall continue their professional development throughout their careers and
shall provide opportunities for the professional and ethical development of those
engineers under their supervision.

4. Engineers shall act in professional matters for each employer or clients as faithful agents
or trustees and shall avoid conflicts of interest or the appearance of conflicts of interest.

5. Engineers shall respect the proprietary information and intellectual property rights of
others, including charitable organizations and professional societies in the engineering
field.

6. Engineers shall associate only with reputable persons or organizations.

7. Engineers shall issue public statements only in an objective and truthful manner and shall
avoid any conduct which brings discredit upon the profession.

8. Engineers shall consider environmental impact and sustainable development in the

performance of their professional duties.

9. Engineers shall not seek ethical sanction against another engineer unless there is good
reason to do so under the relevant codes, policies and procedures governing that
engineer’s ethical conduct.

10. Engineers who are members of the Society shall endeavour to abide by the constitution,
By-laws and policies of the Society, and they shall disclose knowledge of any matter
involving another member alleged violation of this code of Ethics or the Society’s
Conflicts of interest policy in a prompt, complete and truthful manner to the chair of the
Committee and Ethical Standards and Review.
2.4 Extremes of Ethical Behaviour

 Altruism is a form of moral behaviour in which individuals act for the sake of other people’s
interests.
 Ethical altruism is the view that individual ought to act with each other’s interests in mind.
 This is the viewpoint best summarized by the golden Rule: Do unto others as you would
have others do unto you.
 Egoism is a form of moral behaviour in which individuals act for their own advantage.
 Ethical egoism is the view that individuals ought always to act to satisfy their own interests.
 Most day–to day practice of engineering is done in the individual’s self-interest and is not in
conflict with the codes of ethics.
 However, the codes of ethics are meant to alter the practicing professional that he or she has
altruistic obligations that must be properly balanced with self-interest.
 Every engineer must resolve at least one ethical dilemma over the duration of his or her
career.
 If the engineer mishandles the situation, his or her career can be damaged even in cases
where he or she is trying to do the right thing.
 Therefore, it is important to know how to handle ethical conflicts and to have thought
about conflict resolution before being confronted by a problem.
 A difficult problem for engineers arises from their dual obligation to serve both their
employer and society diligently and with loyalty.

2.4.1 Procedure for Solving Ethical Conflicts

1. Internal Appeal Option

a) Individual preparation
i) Maintain a record of the event and details.
ii) Examine the company’s internal appeals process.
iii) Be familiar with the state and federal laws that could protect you.
iv) Identify alternative courses of action.
v) Decide on the outcome that you want the appeal to accomplish.
b) Communicate with your immediate supervisor:
 i) Initiate informal discussion.
ii) Make a formal written appeal.
iii) Indicate that you intend to begin the company’s internal process of appeal.
c) Initiate appeal through the internal chain of command
i) Maintain formal contacts as to where the appeal stands.
ii) Formally inform the company that you intend to pursue an external solution.
2. External appeal option
a) Individual actions
i) Engage legal counsel.
ii) Contact your professional society.
b) Contact with your client (if applicable)
c) Contact the media.
INTRODUCTION

 The Engineers Board of Kenya is a statutory body established by the Engineers Act 2011.
 The Board is responsible for registration of engineers and firms, regulation of
engineering professional services, setting of standards, development, and general practice
of engineering in Kenya.
 One of the functions of the Board as provided under Section 7(1)(u) of the Act is to
“develop, maintain and enforce the code of ethics for engineers and regulate the conduct
and ethics of the engineering practice in general.”
 The Board has therefore developed this code of conduct and ethics which forms the basis
and framework for responsible professional practice as it prescribes standards of conduct
to be observed by all engineers.
 This code is based on board tenets of truth, honesty, trustworthiness, respect for human
life and welfare, fairness, openness, competence, accountability, engineering excellence,
protection of the environment and sustainable development.

Operational Terms

 The Act refers to the Engineers Act 2011

 Engineer means “that person who is by virtue of training, able to harness the resources of
nature for the benefit of society.
 Thus, the society expects the engineer to have acquired scientific technological
knowledge which he is able to apply in solving a problem facing the society.
 In doing so the engineer is expected to be guided by the principle of safety and
economics.
 Engineer means “the creative application of scientific principles to design or develop
structures, machines, apparatus, or manufacturing processes, or works utilizing them
singly or in combination or to construct or operate the same with full cognizance of their
design or to forecast their behaviour under specific operating conditions or aspects of
intended functions, economics of operation and safety to life and property”.
NO. ITEM SUBJECT MATTER
1 CITATION This Code may be cited as the Code of Conduct and
Ethics for Engineers
2 APPLICATION This Code of Conduct and Ethics shall apply to all
engineers and firms registered under the Engineers Act
2011
3 THE FUNDAMENTAL Engineers shall uphold and advance the integrity,
PRINCIPLES honour and dignity of the engineering profession by:
a) Using their knowledge and skill for the
enhancement of human welfare.
b) Being honest and impartial, and serving with
fidelity the public their employers and clients.
c) Striving to increase the competence and prestige
of the engineering profession; and supporting the
professional and technical societies of their
disciplines.
4 THE FUNDAMENTAL An Engineer shall:
CANONS a) Hold paramount the safety, health and welfare of
the public in the performance of their
professional duties.
b) Perform services only in the areas of their
competence.
c) Issue public statements only in an objective and
truthful manner
d) Act in professional matters for each employer or
client as faithful agents or trustees and shall
avoid conflicts of interest.
e) Build their professional reputation on the merit
of their services and shall not compete unfairly
with others.
f) Act in such a manner as to uphold and enhance
 the honour, integrity and dignity of the
profession.
g) Continue their professional development
throughout their careers and shall provide
opportunities for the professional development
of those engineers under their supervision.
5 OBLIGATIONS TO 1) Engineers shall at all times recognize that their
SOCIETY primary obligation is to protect the safety,
health, property and welfare of the public. |If
their professional judgement is overruled under
circumstances where the safety, health, property
or welfare of the public are endangered, they
shall notify their employer or client and such
other authority as may be appropriate.
2) Engineers shall approve only those engineering
documents which are in conformity with
appropriate standards.
3) Engineers shall not permit the use of their name
or firm name nor associate in business ventures
with any person or firm which they have reason
to believe is engaging in fraudulent or dishonest
business or professional practices.
4) Engineers shall be objective and truthful in
professional reports, statements or testimony.
5) Engineers may express a professional option or
technical subjects only when that opinion is
founded upon competence in the subject matter.
6) Engineers shall take all reasonable steps to avoid
waste of natural resources damage to the
environment and wasteful damage or destruction
of products of human skill
6 OBLIGATIONS TO Engineers shall act in professional matters for each
EMPLOYER OR employer or client as faithful agents or trustees.
CLIENT 1) Engineers shall disclose all known or potential
conflicts of interest to their employers or clients
which could influence or appear to influence
their judgement or the quality of their services.
2) Engineers shall not accept compensation,
financial or otherwise, from more than one party
for services on the same project, or for services
pertaining to the same project, unless the
circumstances are fully disclosed to, and agreed
to, by all interested partes.
3) Engineers shall not solicit or accept financial or
other valuable consideration, directly or
indirectly, from contractors, their agents, or
other parties in connection with work for
employers or clients for which they are
responsible.
4) Engineers shall not reveal facts, data or
information obtained in a professional capacity
without the prior consent of the client or
employer except as authorized or required by
law.
5) Engineers in public service as members, advisors
or employees of a governmental body or
department shall not participate in decisions with
respect to professional services solicited or
provided by them or their organizations in
private or public engineering practice.
6) Engineers shall avoid improper solicitation of
professional employment and shall, in the
 circumstances:
a) Not falsify or permit misrepresentation of
their, or their associates, academic or
professional qualifications, or exaggerate
their degree of responsibility.
b) Not offer, give, solicit or receive, either
directly or indirectly any financial
contribution in any amount intended to
influence the award of a contract.
7) An Engineer whose professional advice is not
accepted shall take all reasonable steps to ensure
that persons overruling or neglecting his advice
are aware of the dangers the engineer believes
may result from such overruling or neglect.
8) A practicing engineer shall endeavour to
understand and take all reasonable steps to
inform his clients and employers of societal and
environmental consequences of actions or
projects in which he is involved and to interpret
issues to the public in an objective and truthful
manner.
7 INTEGRITY OF AN 1) Engineers shall be guided in all their
ENGINEER professional relations by the highest standards of
integrity and shall:
a) Admit and accept their own errors when
proven wrong and refrain from distorting
or altering the facts in an attempt to
justify their decisions.
b) Not accept outside employment to the
detriment of their regular work or
interest.
 2) Engineers shall at all times strive to serve the
public interest and shall in the process;
a) Seek opportunities to be of constructive
service in civic affairs and work for the
advancement of the safety, health and
wellbeing of their community.
b) Endeavor to extend public knowledge and
appreciation of engineering profession from
misrepresentation and misunderstanding.
3) Engineers shall avoid all conduct or practice
which is likely to discredit the profession or
deceive the public.
8 DISCLOSURE OF 1) Engineers shall not disclose confidential
INFORMATION information concerning the business affairs or
technical processes of any present or former
client or employer without his consent.
9 CONFLICT OF 1) Engineers shall not be influenced in their
INTEREST professional duties by conflicting interests and
shall not accept:
a) Financial or other considerations, including
fee engineering designs from material or
equipment suppliers for specifying their
product.
b) Commissions or allowances, directly or
indirectly from contractors or other parties
dealing with clients or employers of the |
Engineer in connection with work for which
the Engineer is responsible.
10 COMPENSATION 1) Engineers shall uphold the principle of
IMPROPER appropriate and adequate compensation for those
engaged in engineering work
11 UNFAIR MEANS 1) Engineers shall not compete unfairly with other
engineers by attempting to obtain employment or
professional engagements by taking advantage
of a position, or by criticizing other engineers, or
by other improper or questionable methods.
2) Engineers shall not request, propose, or accept a
professional commission under circumstances in
which their professional judgement may be
compromised.
3) Engineers shall not attempt to injure, maliciously
or falsely, direct or indirect, the professional
reputation, prospects, practice or employment of
other engineers, not indiscriminately criticize
other engineer’s work. Engineers who believe
others are guilty of unethical or illegal practice
shall present such information to the proper
authority for action.
12 ENGINEERING 1) Engineers shall undertake assignments only
PRACTICE when qualified by education or experience in the
specific technical fields involved.
2) Engineers shall not affix their signatures to any
plans or documents dealing with subject matter
in which they are not competent.
3) Engineers in private practice shall not review the
work of another engineer for the same client,
except with the knowledge of such other
engineer, or unless the connection of such
engineer with the work has been terminated.
4) Engineers in governmental, industrial or
educational employment are entitled to review
and evaluate the work of other engineers when
 so required by their employment duties.
5) Engineers in sales or industrial employment are
entitled to make engineering comparisons of
represented products with products of other
suppliers.
6) Engineers shall accept personal responsibility for
all professional activities under their charge and
shall:
a) Conform to state registration laws in the
practice of engineering.
b) Not use association with a non-engineer, a
corporation or partnership, as a ‘cloak’ for
unethical acts but must accept personal
responsibility for all professional acts.
13 RECOGNITION OF 1) Engineers shall give credit for engineering work
PROPRIETARY of those to whom credit is due and will
INTERESTS recognize the proprietary interests of others.
2) Engineers using designs supplied by a client
shall recognize that the designs remain the
property of the client and may not be duplicated
by the Engineer for others without express
permission.
14 COOPERATION, 1) Engineers shall cooperate in extending the
DEVELOPMENT AND effectiveness of the profession by interchanging
ADVANCEMENT OF information and experience with other engineers
ENGINEERS and students, and will endeavour to provide
opportunity for the professional development
and advancement of engineers under their
supervision and in that case shall:
a) Encourage engineering employees’ efforts to
improve their education.
 b) Encourage engineering employees to attend
and present papers at professional and
technical society meetings.
c) Encourage engineering employees to become
registered at the earliest possible date.
15 ADVERTISEMENT OR 1) No Engineer shall in self-laudatory language or
WRITING OF in any manner derogatory to the dignity of the
ARTICLES FOR engineering profession, advertise or write
PUBLICATION articles for publication.
16 BREACH OF CODE OF 1) No Engineer shall assist, induce or be involved
CONDUCT in the breach of this code of conduct and ethics
but shall do all necessary endeavours to support
those who seek to uphold it and report
immediately any unethical engineering decisions
or practices by Engineers and others to the Board
17 PENALTIES 1) Engineers failing to observe any provisions in
this code of conduct and ethics shall commit an
offence under the Act and shall be liable to
penalties as prescribed by the Board.
3. OFFICE ORGANIZATION AND MANAGEMENT

 Management can therefore be defined as principally a task of planning, coordinating and

motivating the efforts of others towards the specific objectives.
 In brief, management is the task of unifying efforts efficiently to achieve well defined
objectives. The resources available to an organization remain idle till they are directed by
the dynamic human effort.
 Office Management can be defined as a task of planning, coordinating, motivating the
efforts of others towards specific objectives of the office.
 An organization is an element of management. An organization occurs when two or more
people work together and coordinate their activities to achieve common goals. It refers to
structure of relationships among individuals. It can also be defined as a social unit that is
structured and managed to meet a need or to achieve common objectives and collective
goals.
Management entails four basic functions: planning, organizing, leading, and controlling
resources (land, labour, capital, and information) to efficiently reach a company’s goals.
Managers are the employees responsible for performing these four functions in addition to a
number of other duties to coordinate the organization’s work. These duties, or roles, fall into
three main categories:

 Interpersonal roles. Managers perform ceremonial obligations; provide leadership to

employees; build a network of relationships with bosses, peers, and employees; and act as
liaison to groups and individuals both inside and outside the company (such as suppliers,
competitors, government agencies, consumers, special-interest groups and interrelated
work groups).
 Informational roles. Managers spend a fair amount of time gathering information by
questioning people both inside and outside the organization. They also distribute
information to employees, other managers, and outsiders.
 Decisional roles. Managers use the information they gather to encourage innovation, to
resolve unexpected problems that threaten organization goals (such as reacting to an
economic crisis), and to decide how organizational resources will be used to meet planned
 objectives. They also negotiate with many individuals and groups including suppliers,
employees, and unions.

3.1 The Basic Functions of management

Steve Case demonstrates that when managers possess the right combination of vision, skill,
experience and determination, they can lead an organization to success. To do this, however,
they must perform the basic functions of management:

 Planning

 Organizing,

 Staffing

 Directing, and

 Controlling

3.1.1 The Planning Function

Planning is the primary management function, the one on which all others depend. Managers
engaged in planning develop strategies for success, establish goals and objectives for the
organization, and translate their strategies and goals into action plans. To develop long term
strategies and goals, managers must be well informed on a number of key issues and topics that
could influence their decisions.

(a) Understanding the Strategic Planning Process

Strategic plans outline the firm’s long-range (two to five years) organizational goals and set a
course of action the firm will pursue to reach its goals. These long-term goals encompass eight
major areas of concern: market standing, innovation, human resources financial resources,
physical resources, productivity, social responsibility, and financial performance. A good
strategic plan answers:

 Where are we going?

  What is the environment?

 How do we get there?

To answer these questions and establish effective long-term goals, managers require extensive
amounts of information. For instance, managers must study

 Budgets,

 Production schedules,

 Industry and economic data,

 Customer preferences,

 Internal and external data,

 Competition and so on

Managers use this information to set a firm’s long - term course of direction during a process
call strategic planning.

(b) Develop a Clear Vision

Most organizations are formed in order to realize a vision, a realistic, credible, and attainable
view of the future that grows out of and improves on the present:

 Henry Ford envisioned making affordable transportation available to every person

 Fred Smith (founder of FedEx() envisioned making FedEx an information company

(besides being a transportation company).

 Bill Gates (chairman of Microsoft) envisioned empowering people through great

software, anytime, anyplace and on any device.

(c) Translate the Vision into a Meaningful Mission Statement:

To transform vision into reality, managers must define specific organizational goals, objectives,
and philosophies. A starting point is to write a company mission statement, a brief document
that defines why the organization exists, what it seeks to accomplish and the principles that the
company will adhere to as it tries to reach its goals.

(d) Establish Company Goals and Objectives

As mentioned earlier, establishing goals and objectives is the key tasks in the planning process.
Although these terms are often used interchangeably, a goal is a broad, long-range
accomplishment that the organization wishes to attain in typically five or more years, whereas an
objective is a specific, short-range target designed to help reach that goal.

 For AOL, a goal might be to become the number one Internet service provider in the
Brazilian marketplace, and an objective might be to add 100,000 new Brazilian
subscribers by year end.

(e) Develop Action Plans

Once managers have established a firm’s long term strategic goals and objectives, it must then
develop a plan of execution.

 Tactical plans - lay out the actions and the allocation of resources necessary to achieve
specific, short term objectives that support the company’s broader strategic plan.
Tactical plans typically focus on departmental goals and cover a period of one to three
years. Their limited scope permits them to be changed more easily than strategic plans

 Operational plans - designate the actions and resources required to achieve the
objectives of tactical plans. Operational plans usually define actions for less than one
year and focus on accomplishing a firm’s specific objectives such as increasing the
number of new subscribers by 5 percent over the next six months.

3.1.2 The organizing function

Organizing, the process of arranging resources to carry out the organization’s plans is the second
major function of managers. During the organizing stage, managers think through all the
activities that employees carry out (from programming the organization’s computers to mailing
its letters), as well as all the facilities and equipment employees need in order to complete those
activities. They also give people the ability to work toward organizational goals by determining
who will have the authority to make decisions, to perform or supervise activities, and to
distribute resources.

We will discuss the three levels of a corporate hierarchy – top, middle, bottom – commonly
known as the management pyramid. In general,

 Top managers are the upper-level managers who have the most power and who take
overall responsibility for the organization. An example is the chief executive officer
(CEO). Top managers establish the structure for the organization as a whole and they
select the people who fill the upper-level positions. Top managers also make long-
range plans, establish major policies, and represent the company to the outside world at
official functions and fundraisers.

 Middle managers have similar responsibilities, but usually for just one division
managers, and they coordinate the work of first-line managers. In traditional
organizations managers at the middle level are plant managers, division managers,
branch managers, and other similar positions – reporting to top level managers. But in
more innovative management structures, middle managers often function as team
leaders who are expected to supervise and lead small groups of employees in a variety
of job functions. Similar to consultants, they must understand every department’s
function, not just their own area of expertise. Furthermore, they are granted decision-
making authority previously reserved for only high-ranking executives.

 At the bottom of the management pyramid are first-line managers (or supervisory
managers). They oversee the work of operating employees, and they put into action the
plans developed at higher levels. Positions at this level include supervisor, department
head, and office manager.

3.1.3 The Directing (Leading) Function

Leading – the process of influencing and motivating people to work effectively and willingly
toward company goals – is the third basic function of management.
Managers with good leadership skills have greater success in influencing the attitudes and
actions of others, both through the demonstration of specific tasks and through the manager’s
own behaviour and spirit.

Additional studies have shown that managers with strong interpersonal skills and high emotional
quotients (EQs) tend to be more effective leaders. The characteristics of a high EQ include:

 Self-awareness. Self-aware managers have the ability to recognize their own

feelings and how they, their job performance, and other people are affected by those
feelings Moreover, managers who are highly self-aware know where they are
headed and why.

 Self-regulation. Self-regulated managers have the ability to control or reduce

disruptive impulses and moods. They can suspend judgement and think before
acting. Moreover, they know how to utilize the appropriate emotion at the right
time and in the right amount.

 Motivation. Motivated managers are driven to achieve beyond expectations – their

own and everyone else’s.

 Empathy. Empathetic managers thoughtfully consider employees’ feelings, along

with other factors, in the process of making intelligent decisions.

 Social skill. Socially skilled managers tend to have a wide circle of acquaintances,
and they have a knack for finding common ground with people of all kinds. They
assume that nothing important gets done by one person along and have a network in
place when the time for action comes.

The three broad categories of leadership style are autocratic, democratic, and laissez-faire.

 Autocratic Leaders make decisions without consulting others.

 Democratic leaders delegate authority and involve employees in decision making.

Even though their approach can lead to slower decisions, soliciting input from people
familiar with particular situations or issues may result in better decisions.
  The third leadership style, laissez-faire, is sometimes referred to as free-reign
leadership. The French term laissez faire can be translated as “leave it alone,” or more
roughly as “hands off.” Laissez-faire leaders take the role of consultant, encouraging
employees’ ideas and offering insights or opinions when asked the laissez-faire style
may fail if workers pursue goals that do not march the organizations. However, the style
has proven effective in some situations.

3.1.4 The Controlling Function

Controlling is the fourth basic managerial function. In management, controlling means

monitoring a firm’s progress toward meeting its organizational goals and objectives, resetting the
course if goals or objectives change in response to shifting conditions, and correcting deviations
if goals or objectives are not being attained.

The Control Cycle

Many firms control for quality through a four-step cycle that involves all levels of management
and all employees. In the:

 First step, top managers set standards, or criteria for measuring the performance of the
organization as a whole.

 In the second step of the control cycle, managers assess performance, using both
quantitative (specific, numerical) and qualitative (subjective) performance measures.

 In the third step, managers compare performance with the established standards and
search for the cause of any discrepancies.

 If the performance falls short of standards, the fourth step is to take corrective action,
which may be done by either adjusting performance or reevaluating the standards.

 If performance meets or exceeds standards, no corrective action is taken.

Management Skills
 Interpersonal Skills To communicate with other people, work effectively with them,
motivate them, and lead them are interpersonal skills.

 Technical Skills A person who knows how to operate a machine, prepare a financial
statement, program a compute, or pass a football has technical skills necessary to manage
an organization.

 Conceptual Skills Managers need conceptual skills to see the organization as a whole,
in the context of its environment, and to understand how the various parts interrelate.
Conceptual skills are especially important to top managers. These managers are the
strategists who develop the plans that guide the organization toward its goals. A key
managerial activity requiring conceptual skills is decision making, a process that has five
distinct steps (1) recognizing the need for a decision, (2) identifying, analyzing, and
defining the problem or opportunity, (3) generating alternatives, (4) selecting an
alternative and implementing it, and (5) evaluating the results
4. PROFESSIONAL REGISTRATION

Part III – Provisions Relating to Registration

Qualifications for Registration as Professional or Consulting Engineers

16. Subject to the provisions of this Act, a person shall be eligible for registration under this
Act as a professional or consulting engineer if-

(a) for a professional engineer, that person-

(i) is registered as a graduate engineer and has obtained practical experience as

prescribed under this Act;

(ii) has passed professional assessment examination conducted by the Board;

and

(iii) is a corporate member o the Institution of Engineers of Kenya;

(b) for a consulting engineer, that person –

(i) has practiced in a specialized engineering field as a professional engineer

for a period determined by the Board; and

(ii) has achieved a standard of competence to enable him to practice as a

consulting engineer in that particular specialization.

Application for registration

17. (1) A person eligible to be registered as a professional or consulting engineer under

section 16 may apply to the Registrar , in a prescribed form and on payment of prescribed fee, to
be registered under this Act.

(2) An application made under subsection (1) shall be accompanied with certified
copies of certificates and other documents as are necessary to prove qualification for registration.
Qualifications for registration as graduate engineer

18. Subject to provisions of this Act. A person shall be eligible for registration under this Act
as a graduate engineer if that person-

(a) holds a degree in engineering from a recognized university or such other qualifications
and the Board may determine; and

(b) is a citizen or a permanent resident of Kenya.

Application for registration

19. (1) A person eligible to be registered as a graduate engineer under this Act shall apply
to the Registrar.

(2) An application under this section shall be made in prescribed manner and form
and shall be accompanied by the prescribed fee.

Registration of an Engineering Consulting Firm.

20. (1) Subject to the provisions of this Act, a person may register an engineering
consulting firm if-

(a) the firm has a certificate of registration of a business name or a certificate of

incorporation;

(b) It has at least one partner or principal shareholder who is registered as consulting
engineer and who has a valid licence in a specified discipline;

(c) at least fifty one percent of the shares in the firm are held by Kenyan citizens; and

(d) he fulfills any other condition as may be stipulated by the Board

(2) The Board may register engineering consulting firms in different categories and
disciplines based on a criteria as shall be established by the Board.
Application for registration

21. (1) A person who wishes to register an engineering consulting firm under section 20,
may apply to the Registrar, in a prescribed form and on payment of a prescribed fee, to be
registered under tis Act.

(2) An application made under subsection (1) shall –

(a) be accompanied with such documents as are necessary to prove qualification for
registration.

(b) provide the firm’s profile of activities;

(c) provide curriculum vitae of partners or directors; and

(d) be accompanied with a written commitment that the Board shall be allowed to
verify the suitability of the firm for the purposes of registration.

(3) The Board may require the applicant to furnish such further information or
evidence of eligibility for registration as it may consider necessary and may require the applicant
to appear in person for an interview before the Board.

Restrictions on registration of foreigners.

22. A foreign person or firm shall not be registered as a professional engineer or

consulting engineer or engineering consulting firm unless-

(a) in the case of a natural person –

(i) that person possesses the necessary qualifications recognized for the practice of
engineering as a professional engineer in the country where he normally practices and that
immediately before entering Kenya he was practicing as a professional engineer and holds a
valid licence; and
(ii) he is a resident of Kenya with a valid working permit;

(b) in the case of a firm, the firm is incorporated in Kenya and a minimum of fifty
one percent of its shares are held by Kenyan citizens.

Temporary registration

23. (1) A foreign person may be considered for registration as a temporary professional
engineer if that person satisfies the Board that-

(a) he is not ordinarily resident in Kenya;

(b) he intends to be present in Kenya in the capacity of professional engineer for the
express purpose of carrying out specific work; and

(c) he possesses the necessary qualifications recognized for the practice of

engineering as a professional engineer in the country where he normally practices and that
immediately before entering Kenya, was practicing as a professional engineer and holds a valid
licence from his country of origin.

(2) An application for registration under this section shall be in the prescribed form
and shall be accompanied by the prescribed fee as determined by the Board.

(3) The Board may require an applicant to appear before it where it is in the process
of considering his application and shall require applicant to produce documentary evidence of his
work or employment immediately prior to entering in Kenya.

(4) The registration of a person under this section shall be valid for the period or for
the duration of the work specified by the Board.

(5) Where the expertise skills of a person registered under this section are not
available in Kenya, the Board shall notify the applicant and the applicant shall provide an
undertaking that the locals shall be trained to fill the skills gap.

(6) Subject to subsection (4), the Board may approve temporary registration for such
period not exceeding one calendar year.
24. (1) Subject to subsection (2), the Board may, upon application, register a person as an
accredited checker with powers to review and verify the work of a professional engineer in
ensuring that the work is adequate and complies with safety requirements.

(2) The Board may register a person as an accredited checker under subsection (1) if
such person-

(a) is a consulting engineer registered in the relevant discipline of engineering

approved by the Board;

(b) has at least fifteen years relevant and proven experience in design and
construction management specific to the work to be checked; and

(c) satisfies the board that by virtue of his ability, standing in the profession,
special knowledge or practical experience, he is qualified to be registered under the Act.

(3) A person shall not perform functions or duties under this Act as an
accredited checker, unless that person is registered by the Board under this section.

Registration Board

25. (1) The Registrar shall, so far as is practicable, bring by the every application before
the Board for consideration at its first meeting after receiving the application.

(2) where a person has complied with the provisions of this Act and has been
accepted by the Board as being eligible for registration, that person shall be registered.

(3) the decision of the Board on an application for registration shall be communicated
to the applicant by the Registrar by letter sent to the address stated in the application within
twenty one working days from the date of the decision of the Board.

(4) After the name of a person is entered in the register, the Board shall issue a
certificate that has been sealed with the seal of the Board to the person.

(5) The Board may issue other identification documents that are valid for a specified
period to a person registered under this Act.
 (6) A certificate of registration and other identification documents issued under this
section shall remain the property of the Board.

(7) Where the Registrar is satisfied that a certificate of registration or any other
document has been lost, mutilated or destroyed, he may, upon payment of a fee set by the Board,
from time to time, furnish a duplicate of the certificate of registration or any other document to
the person to whom the original certificate of registration or documents were issued.

Effect of registration

26. (1) Every person whose name has been entered in the Register as a professional
engineer or consulting engineer shall, for as long as his name remains in the Register, be entitled
to adopt and use the style and title ‘professional engineer’ or ‘consulting engineer’ after his name
or such contraction thereof as the Board may, from time to time, approve and may, subject to
section 32, offer his professional engineering services to the public for gain or reward or by way
of trade or for employment in the engineering services to the public for gain or reward or by way
of trade or for employment in the engineering disciple or category in which he is registered.

(2) Professional engineers or consulting engineers may have the sole discretion of
using the tite ‘engineer’ before their names.

(3) Any person, other than a professional engineer or a consulting engineer registered
under this Act, who uses the title “engineer” before their names commits an offence.

Register

27. (1) The Registrar shall keep and maintain a Register of all registered persons or firms
under this Act in such manner as the Board may prescribe.

(2) The Register shall show the following details against the name of a person or firm
whose name is entered in the Register –

(a) date of entry

(b) address;
 (c) qualifications;

(d) category;

(e) engineering discipline;

(f) nationality ; and

(g) such other particulars as the Board may, from time to time direct.

(3) Any person may inspect the Register and obtain from the Registrar a copy of or
an extract from the Register, on payment of a prescribed fee.

Alteration of the Register

28. (1) The Registrar may, from time to time, make changes or corrections in the Register
relating to any entry.

(2) Any changes or corrections in the entries made under this section shall be made
by the Registrar as soon as it is practical after receipt of authenticated notification thereof.

Removal of persons from the Register

29. The Registrar shall remove from the Register-

(a) The name of any person-

(i) found to be of unsound mind or a firm which has ceased to practice or

wound up by a court order;

(ii) convicted of an offence under this Act or any other law;

(iii) whose name the Board has, under section 53(6)©(i), directed that it should
be removed from the Register;

(iv) declared bankrupt;

 (v) who has failed to satisfy requirements for continuing professional
development programme for the time being in force;

(vi) who causes or permits or suffers any sole proprietorship, partnership or

body corporate in which he uis a sole proprietor, partner, director or shareholder to practice as a
firm prior to its registration by the Board or after the Board has suspended or cancelled its
registration;

(vii) who has failed within a period of six months from the date of an inquiry
sent by the Registrar by prepaid registered letter to the last known address appearing in the
Register against his name, to respond to the, inquiry of the Registrar, or

(viii) who requests that his name be removed from the Register, in which case
that person may be required to satisfy the Board by way of an affidavit lodged with the Registrar
that criminal proceedings under this Act are not being or are not likely to be taken against him.

(b) any person whose name has been incorrectly or fraudulently entered.

Publication of registration

30. (1) the Registrar shall cause to be published in Kenya Gazette not later than the 31 st
day of March of every calendar year, particulars of all registered and validly licensed persons or
firms and their categories of registration.

(2) A publication made under this section shall be prima facie evidence that a person
or firm named therein is registered under this Act and the deletion from the register of the name
of any person or firm notified by such publication, or the absence of the name of any person or
firm from such publication, shall be prima facie evidence that such person or firm is not so
registered.

(3) A person or a firm whose details have not been entered, or erroneously entered
into, the Register, shall notify the Registrar within thirty days from the date of publication of
particulars of registration in the Kenya Gazette pursuant to subsection (1), for the necessary
correction or amendment to be made, upon which the Registrar shall publish in the Gazette the
corrected or amended particulars with respect to that person or firm.
Imposition of Levy

31. (1) Every registered engineer whose name appears on the register shall pay annually
or at such longer intervals as the Board may deem appropriate a levy to be known as the
Engineers Training Levy, at a rate to be determined by the Board from time to time.

(2) All moneys received in respect of a training levy shall be paid into an Engineers
Training Levy Fund managed by the Board.

(3) A registered engineer who fails to comply with the provisions of subsection (1),
shall not be eligible to be issued with a license.

5. OCCUPATION SAFETY AND HEALTH ACT

THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2007

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY
Section
1 – Short title
2 – Interpretation
3 – Application of Act
4 – Approval of codes of practice by Director
5 – Use of approved codes of practice in criminal proceedings

PART II – GENERAL DUTIES

6 – Duties of occupiers
7 – Duty to prepare a safety ad health policy statement
8 – Safety and health audits
12 – Duties of self employed persons
13 – Duties of employees
14 – Duty to report any dangerous situation
15 – Duty not to interfere with or misuse things provided pursuant to certain provisions.
16 - Prohibition against creation of hazards
17 - General duties of occupiers and self-employed to persons other than their employees.
18 - Duties of an occupier of a place of work to persons other than his employees
19 - General duty of persons in control of certain premises I relation to harmful emissions into
atmosphere.
20 - Duties of designers, manufacturers importers etc. with regard to articles and substances for
use at work
21 - Notice of accidents and dangerous occurrences
22 – Notification of occupational diseases

PART III – ADMINISTRATION

23 - The Director.
24 - Research and related activities
25 - Collection of occupation safety and health statistics
26 - Appointment of occupational safety and health officers
27 - Establishment of the national Council for Occupational Safety and Health
28 - Membership of the Council
29 - Annual report
30 - Technical advisory committee
31 - Functions of the technical advisory committee

PART IV – ENFORCEMENT
32 - Powers of an occupational safety and health officer
33 - Power of an occupational safety and health officer to conduct proceedings
34 - Power to take samples
35 - Power to deal with cause of imminent danger
36 - Improvement notices
37 - Prohibition notices
38 - Appeal against improvement or prohibition notice
39 - Provisions on prohibition and notices and improvement notices
40 - Occupational safety and health officer not to disclose information or source of complaints
41 - Indemnity of occupational safety and health officers
42 - Safety and health advisor

PART V – REGISTRATION OF WORKPLACES

43 - Register of workplaces
44 - Registration of workplaces
45 - Exceptions to registration
46 - Appeals
PART VI – HEALTH GENERAL PROVISIONS
47 - Cleanliness
48 - Overcrowding
49 - Ventilation
50 - Lighting
51 - Drainage of floors
52 - Sanitary conveniences
53 - Enforcement of section 52 by local authorities
54 - Duty of Occupational safety and health officer as to sanitary defects remediable by local
authority.

PART VII – MACHINERY SAFETY

55 – Safe use of plant, machinery and equipment

56 - Prime movers
57 - Transmission machinery
58 - Other machinery
59 - Hand held and portable power tools and equipment
60 - Construction and maintenance of fencing
61 - Construction and disposal of new machinery
62 - Self acting machines
63 - Hoists and lifts
64 – Chains, ropes and lifting tackle
65 - Cranes and other lifting machines
66 - Register of chains, ropes and lifting tackle and lifting machines.
67 - Steam boilers
68 - Steam receivers and steam containers
69 - Air receivers
70 - Cylinder for compressed, liquefied and dissolved gases
71 - Refrigeration plants
72 - Examination and testing of plants
PART VIII – SAFETY GENERAL PROVISIONS

73 – Vessels containing dangerous liquids

74 - Storage
75 - Ladders
76 - Ergonomics at the workplace