A new and fit-for-purpose Malaysian “Engineering Act”

By Engr. HT Wong

A new and fit-for-purpose Malaysian “Engineering Act” relevant for the time and the 21^st Century borderless and competitive global market; a primer by Engr. Rocky HT Wong for the proposed IEM Blog to enable exchange of views and ideas among IEM members – with a view to float up a consensus towards a brain-storming session among the IEM membership:-.

Historical back-drop:

In the early 60’s when certain failures of engineering works occurred; especially the high-profile case of the collapse of a shop-house, under construction, in Jalan Raja Laut K.L, which resulted in fatalities – a Royal Commission of Enquiry was formed to look into the causes.

Typically of the “pendulum-swing theory” and in response to the public out – cry, the call to regulate the practice of engineering, among other reasons, resulted in the “Registration of Engineers” Act (REA) passed by Parliament in 1967.

However, the Board of Engineers, Malaysia (i.e BEM) was only operationalised on 22nd August 1972; and that too, was after an amendment was made to the REA on 7th July 1972.

The original intention of the Act was to register all Malaysians who practice engineering (one way or another, either in private practice, or in employment). Hence, the BEM was effectively the “Register” of Malaysian engineers who were expected to follow a set of “Do’s” and “Don’ts” rules; with additional guidelines for those natural persons, the engineers, in private practice as Consulting Engineers such as “Model Forms” of Agreement etc.

Then in 1987, by Act A662 (of 16th January 1987), the REA (1967) was amended to also register “Bodies Corporate” (in other words, legal persons) with the introduction of Clause 7A.

With WTO coming into being in 1995-following that and on the instruction from the Cabinet (the Minister of Works then was Leo Moggie instead of Sammy) the BEM was instructed to amend the REA to be relevant for globalization and trade liberalization.

It was a long time in coming among the various reasons given was that the consisting REA was a “mosquito act” but frankly, the “powers that be” did not understand “globalization”; and that the Board consisting of too many government servants, who were not in private-practice, and hence their views were not in sign with the realities of the market practice.

However, for all the “long and the short”, and with much “cut and paste” and the Act still remaining in its original forum, the “major” amendment was finally approved by Parliament on 1st December 2002 via Act A1158 – with “Bodies Corporate” being replaced by Engineering Consultancy Practices; ie ECP’s - applying to natural and legal persons.

Then with the Prime Minister’s call to improve the public delivery system (after the 2004, 11th general elections) – with the introduction of the “CCC” the REA (1967) was promptly amended by Act A1288 on 1st April 2007.

All the amendments to date (there were 6 in total) kept the REA in its original form but has since shifted from purely a “Register” of natural persons – the engineers – to be both a “Register” of natural persons – the engineers, and the “Licensing Board” of ECP’s (be they natural or legal persons).

The Board’s Amendments to the REA Committee (or Engineers Act Committee), has been tasked since 2004, to look into the “re-vamp” of the REA to be relevant for the time and the globalized economy which is highly competitive.

Then, the Board (i.e the BEM) at its meeting held on 15th April 2006, resolved to embark on a major effort to critically and comprehensively review the current Act and to propose necessary changes to note; it is not going to be a “revamp” of the Act! Well, well.

There is a recommendation to the Board to solicit feedback and inputs from various stakeholders; and accordingly, the IEM (which has representations to the Board of the BEM, the Engineers Act Committee as well as the Committee’s Working Group) in tern is now, by way of its blog, seeking feedback and inputs from the IEM membership at large.

The Position-to-Date

To date, work by the various parties and the BEM’s and EA Committee’s WG have gone through the fundamentals of a relevant Act for the practice of engineering from the dual stand points of:

1. Protect public interests; and
2. The practice of the full spectrum of engineering and integrated engineering services in a competitive market environment.

Areas covered so far include the following: -

1. To look at the safety of the public
2. To emphasis more on the qualification regulation
3. To emphasis more on the professional services application
4. To emphasis more on the consultancy license
5. Do wee need to register the graduate engineers?
6. Issues of safety and competency
7. CPD requirements; is it necessary?
8. MRA