Documenti di Didattica
Documenti di Professioni
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AG
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LEMBAGA JURUTERA MALAYSIA
MB
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BOARD OF ENGINEERS MALAYSIA
M A L AY S I A
BUILDING
4 President’s Message
Editor’s Note
Announcement
contents
5 Publication Calendar
JU
A
AG
RU
MB
Event Calendar
TE
LE
RA
M A L AY S I A
Update
20 Implementation of Skills Accreditation
For Local And Foreign Skilled Construction Workers
Feature
33 IBS Roadmap 2003-2010: The Progress
and Challenges
Engineering Nostalgia
50 56 Jalan Petaling/Jalan Bandar
Before/In Between/After
BORANG
Pembaharuan Sijil Pendaftaran Tahun 2007
Pg 24 Syarikat Pertubuhan Perbadanan &
Multi Disiplin (Body Corporate & Multi Discipline)
56
Pembaharuan Sijil Pendaftaran Tahun 2007
Pg 26 Syarikat Ketuanpunyaan Tunggal &
Perkongsian (Sole Proprietor & Partnering)
THE INGENIEUR 2
President’s Message
Building codes are essentially sets of safety regulations
KDN PP11720/1/2007
ISSN 0128-4347 in respect of structure, fire, and health. They were originally
VOL. 31 SEPT-NOV 2006 developed in response to frequently occurring hazards of
structural collapse, catastrophic fires, and the spread of
Members of the Board of Engineers Malaysia
disease. Along with other developments, building by-laws
(BEM) 2005/2006 have been very effective in reducing markedly the probabilities
of disaster. Closely related to the life of the community, these
President
YBhg. Dato’ Prof. Ir. Dr. Wahid bin Omar matters became the responsibility of the city council or
municipality.
Registrar
Ir. Dr. Mohd Johari Md. Arif There are some who protest the restrictions that building
codes impose and argue that they are not needed. Yet, every time there is loss of life
Secretary from fire or collapse of scaffolding in the news, there is public outcry against the
Ir. Dr. Judin Abdul Karim
laxity of laws or officials and a demand that something be done to prevent recurrence.
Members of BEM Legislation to promote safety continues to be demanded and building codes will
YBhg. Tan Sri Dato’ Ir. Md Radzi Mansor
YBhg. Datuk Ir. Hj. Keizrul Abdullah probably be necessary for some time, despite the many difficulties encountered in
YBhg. Mej. Jen. Dato’ Ir. Ismail Samion their formulation and application.
YBhg. Dato’ Ir. Shanthakumar Sivasubramaniam
YBhg. Datu Ir. Hubert Thian Chong Hui
Codes, by themselves, can never be made to guarantee any consistent level of
YBhg. Dato’ Ir. Prof. Chuah Hean Teik safety so long as there is freedom to choose the form that the building and its parts
Ar. Dr. Amer Hamzah Mohd Yunus may take. The designer may also be concerned about the various choices that provide
Ir. Henry E Chelvanayagam
Ir. Dr. Shamsuddin Ab Latif somewhat more than the minimum called for in the codes. This, in fact, ought to be
Ir. Prof. Dr. Ruslan Hassan the normal case, the tolerable probabilities envisaged by the codes being reached
Ir. Mohd. Rousdin Hassan
Ir. Prof. Dr. Hassan Basri only on occasions when the advantage to be gained by compromising safety in a
Tn Hj. Basar bin Juraimi particular choice is worthwhile. Maximum freedom in design becomes possible only
Ir. Ishak Abdul Rahman when safety can be included and adequately treated as a design consideration.
Ir. Anjin Hj. Ajik
Ir. P E Chong This philosophy can be associated quite closely with the present situation in
structural design. It is now obvious that no practical set of restrictions can guarantee
Editorial Board
complete structural safety. It is also fairly clear that design codes, applied without
Advisor thought, are inadequate. A satisfactory compromise is only obtained by the application
YBhg. Dato’ Prof. Ir. Dr. Wahid bin Omar
of a design code in the hands of a competent professional. The design code reflects
Chairman the best general guide that can be produced from the cumulative experience of the
YBhg Datuk Ir. Shanthakumar Sivasubramaniam professional group which developed it. The professional consultant must be further
Editor concerned with the specific design case and must introduce his own knowledge and
Ir. Fong Tian Yong judgment in dealing with any new or unusual features.
Members
Ir. Mustaza Salim
Ir. Chan Boon Teik
Ir. Ishak Abdul Rahman
Ir. Prof. Dr. K. S. Kannan
Ir. Prof. Dr. Ruslan Hassan
Ir. Prof. Madya Dr. Eric K H Goh
Ir. Nitchiananthan Balasubramaniam Dato’ Prof. Ir. Dr. Wahid bin Omar
Ir. Prof. Madya Megat Johari Megat Mohd Noor President
Ir. Prem Kumar
BOARD OF ENGINEERS MALAYSIA
Executive Director
Ir. Ashari Mohd Yakub
Publication Officer
Pn. Nik Kamaliah Nik Abdul Rahman
THE INGENIEUR 4
Announcement The Board of Engineers
Malaysia
wishes all readers
Publication Calendar
The following list is the Publication Calendar
for the year 2006 and 2007.
While we normally seek
contributions from experts for
each special theme, we are
also pleased to accept articles
Selamat Hari R
relevant to themes listed.
aya
Please contact the Editor or
Aidil Fitri
the Publication Officer in
&
advance if you would like to
make such contributions or to
discuss details and deadlines.
Happy Deepava
December 2006: ENVIRONMENT li
March 2007: AGRICULTURE
June 2007: WASTE
September 2007: POWER
With effect from 2010, BS 8110 (1), the British code for the structural use of concrete, will be
withdrawn to give way to the full implementation of Eurocodes in the United Kingdom. The
shifting to Eurocodes is the result of a long term effort to harmonise the structural design and
construction practices throughout all countries in the European Union (EU) which was first
initiated in 1974.
The publication of the final version of Eurocode 2 (EC 2), BS EN 1992-1-1:2004, with a full title of
Eurocode 2: Design of Concrete Structures, Part 1-1: General Rules for buildings, in 2004 by the
British Standard Institution (BSI) and similar publications in other EU countries, signifies that
the shifting to EC 2 is now confirmed. Although many other parts of Eurocodes that are related
to EC 2 are still at the drafting stage and yet to be published in the final document, the
development in the UK clearly indicates that there will be no turning back. The use of EC 2 will be
mandatory in 2010 after a period of about 10 years of familiarisation in which EC 2 is encouraged
to be used voluntarily in design work parallel with BS 8110.
How should Malaysia especially engineers react to the development in the UK? The following
can be the alternatives:
(a) Continue to use BS 8110 and do nothing about the change in the UK
(b) Consider code of practice from other countries such as USA, Australia or Japan
(c) Develop our own code of practice
(d) Follow the development in the UK and adopt EC 2
This article discusses the issues above and puts forward some thoughts for reflections among
civil engineers in Malaysia. Some detail aspects of EC 2 are also presented as in the author’s
opinion it will be a good early exposure for local engineers.
A
long period of British it was stated in the Malaysian Uniform as local authorities are more familiar
colonisation resulted in Building By Law (UBBL) that the with the British codes.
Malaysia inheriting many design and construction of Malaysian
aspects of engineering practices from buildings shall comply with Malaysian IMPLICATIONS OF BS 8110
the British. After almost 50 years of or equivalent British codes. WITHDRAWAL
independence, Malaysia still very At the level of tertiary education
significantly relies on the British codes in Malaysia, the teaching of design The scenario presented above
in design and construction practices. courses in the Civil Engineering shows that there will be a huge impact
The earlier generations of Malaysian programme, to the author’s knowledge in Malaysia with the withdrawal of
engineers had been very familiar with is based on British codes and for the BS 8110. There will be wide-ranging
CP 114 and CP 110 and the present design of structural concrete, BS 8110 implications that will affect almost the
generation is comfortably using BS is the main reference used. In design whole segment of the design and
8110. In bridge design BS 153 and later and construction practices, perhaps construction industry. Below are some
BS 5400 are the main references used more than 80% of local engineers and of the scenarios that may happen for
by local engineers. The dependency on consultants carry out their work based each of the alternatives mentioned
British codes went to the extent that, on BS 8110. Government agencies such above:
THE INGENIEUR 6
cover feature
■ Continue with BS 8110
THE INGENIEUR 7
cover feature
THE INGENIEUR 8
cover feature
Table 2: Eurocode 1
Eurocode 1 Title Standards superseded
BS EN 1991–1–1 Densities, self-weight and imposed loads BS 6399: Part 1 and BS 648
BS EN 1991–1–2 Actions on structures exposed to fire
BS EN 1991–1–3 Snow loads BS 6399: Part 2
BS EN 1991–1–4 Wind actions BS 6399: Part 3
BS EN 1991–1–5 Thermal actions
BS EN 1991–1–6 Actions during execution
BS EN 1991–1–7 Accidental actions
BS EN 1991–2 Traffic loads on bridges BD 37/01
BS EN 1991–3 Actions induced by cranes and machinery
BS EN 1991–4 Silos and tanks
Table 3: Eurocode 2
Eurocode 2 Title Standards superseded
BS EN 1992–1–1 General rules for buildings BS 8110: Parts 1 and 2
BS EN 1992–1–2 Fire resistance of concrete structures BS 8110: Parts 1, Table 3.2 Part 2, section 4
BS EN 1992-2 Bridges BS 5400: Part 4
BS EN 1992–3 Liquid-retaining and containment structures BS 8007
THE INGENIEUR 9
cover feature
considers the effects of, amongst the EC 2, but this will be done in REFERENCES
other things, the position of bars other publications. In short EC 2 is
during concreting, the shape of simply a design guide and engineers (1) British Standard Institution, BS
the bar and cover. have options to exercise their own 8110, Part 1, Structural Use of
engineering judgement based on Concrete, 1997, United
National Annex their level of competency in Kingdom.
engineering knowledge. The
EC 2 has a supplementary challenges are that engineers are (2) Implementation of the
document known as National Annex expected to be more competent, Structural Eurocodes, The
which allows the use of alternative have deep understanding of the Structural Engineer, UK, August
values that suit individual countries. subject and be fully prepared to 3, 2004
Malaysia should take full advantage acquire new knowledge in order to
of this as there are many design gain the maximum benefit of EC 2. (3) Wahid Omar, Updates on
parameters taken directly from Eurocode 2 and Preparing for the
foreign codes that are usually not CONCLUSION Implementation in Malaysia,
very suitable to our environment. Paper submitted August 2008 to
Concrete cover, which is related to It is crucial for Malaysia to JURUTERA, Bulletin The
durability and fire requirement; and decide its destiny in response to the Institution of Engineers
time-dependent deformation of withdrawal of BS 8110. The earlier Malaysia
concrete, such as creep and the decision can be made, the better
shrinkage, for example, may require for engineers and other parties (4) Narayanan, R.S., Brooker, O.,
local design values. It is an involved in construction. Introduction to Eurocodes: How
opportunity for local researchers to Experience in the UK has shown that to design concrete structures
carry out study on these topics and the shifting to Eurocode requires using Eurocode 2, The Concrete
other areas. tremendous effort and huge Centre, UK, 2005 (Internet
resources. It is important for the version)
THE CHALLENGES authorities to work closely with
professional bodies as the withdrawal (5) Moss, R., Webster, R., EC 2 and
It is admitted that many more of BS 8110 may cause very significant BS 8110 Compared, The
aspects should be discussed to assist impact not only to engineers but to Structural Engineer, United
Malaysian engineers to understand the whole economy. BEM Kingdom, March 16, 2004
T H E I N G E N I E U R 10
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T
he construction industry is one Our analysis showed that the sub- for the same reasons as domestic
of the productive sectors that sectors that contributed to the demand. However, fulfilling foreign
constantly contribute to the construction industry’s contribution market demands does not bring with
economy. However, its growth rates for 2004 and 2005 were residential, it the multiplier effect to the economy
fluctuate between extremities that commercial and infrastructure with as domestic demand does, although
vary from as high as 21.1% in 1995 the rest contributing marginally. In contribution to the construction
to as low as -24% in 1998. Since the terms of value, residential, industry performance may still be
1990s, the contribution of the commercial and infrastructure accrued. That being the case, why
construction sector to the GDP also generated 30%, 12% and 40% does the construction industry not
fluctuated albeit at a more stable rate respectively in 2004, and 30%, 16% perform well when other sectors are
varying from a high of 4.8% in 1997 and 31% respectively in 2005. Private performing reasonably well in the last
to an estimated low of 2.7% in 2005. sector demand constituted 74% and three to four years? The answer lies
This shows that the demand for 66% of the market value in 2004 and in the fact that a large part of the
construction is highly sensitive to 2005 respectively with the remainder demand for construction came from
developments in other sectors of the coming from the public sector. the public sector in terms of
economy. It indicates that, since The construction sector does not infrastructure projects. As these
construction involves long term create its own demand. The demand projects are governed by the
investment and long term risks, it for construction is a derived demand Government budget their availability
will be the first to be suspended at i.e. demand is derived from every is finite and limited to the amount
the first sign of an economic other economic sector, and from both planned every five years.
downturn, and the last to be revived the public as well as the private Unfortunately for construction in the
during an economic upturn leading sectors. The demand can generally be 8th Malaysia Plan some projects had
to long periods of recession for the classified as wealth creation demand to be implemented earlier in order to
construction sector whenever an from economic needs for rejuvenate the economy, particularly
economic cycle is experienced. This infrastructure and commercial under the Stimulus Package in 2003.
is merely good business sense. buildings, and quality of life demand As a result, less projects were left to
Since the financial crisis in 1998, such as needs for housing. Demand the end of the 8 th Malaysia Plan
the construction sector growth rate can also come from foreign markets resulting in a dearth of public sector
has not reached anywhere near the
pre-1998 growth rates reaching its
highest at 2.1% in 2001 and declining
to 2.0% in 2002, 1.5% in 2003 and
into a contraction of -1.5% in 2004
estimated to improve to -1.1% in
2005. This was at the back of market-
price GDP growths of around 4.4%,
5.4% and 7.1% for 2002, 2003, 2004
respectively. It is obvious that the
construction sector has been in the
doldrums for quite some time.
Quarterly reports showed that the
construction industry has been in
recession since the second quarter of
2004, reaching its minimum of -2.6%
in the third and forth quarters of 2004
and has remained negative up to the
fourth quarter of 2005 albeit at a
lesser contraction rate.
T H E I N G E N I E U R 12
cover feature
projects at the end of the five-year
plan.
This argument is further
strengthened by the fact that, as the
economy expands, demand for
quality of life commodity, such as
housing, also expands resulting in the
dominating demand for residential
sub-sector for both 2004 and 2005.
Demand for the wealth creating
infrastructure, consequently, became
latent demand since it had to be
curbed as allocations are exhausted
under the 8th Malaysia Plan.
If demand for the construction
sector is derived demand and, as such,
to a large extent, out of the control
of the construction industry, can we
develop a Master Plan for it? The
answer is yes. There are two
fundamental dimensions that must be Vision: The Malaysian Each of the strategic thrusts must
developed for the construction construction industry shall be a be relevant and contribute to the two
industry to enhance its role, and even world class, innovative and dimensions that form the crux of the
its relevancy to the economy. The two knowledgeable global solution needs of the CIMP. The rationales are
dimensions are: provider as follows:
T H E I N G E N I E U R 13
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from attracting the best to its are easily copied by competitors not been implemented. These are
fore. To improve the industry’s especially those from the host all activities that will improve
performance attracting the best countries. To keep ahead of the both the supply chain
human capital is essential. To competitors, new competitive management as well as the
improve the image of the industry technology must be developed. integration of the value chain
all the weaknesses must be New products and new processes leading to improvement in
rectified. A respectable image of are also needed to provide productivity.
the industry will also attract more comparative advantage to The use of ICT will also allow
locals to join the industry leading Malaysia’s economy that depends the industry to traverse the digital
to a reduction of repatriated on the construction industry to world. It will provide opportunity
funds by foreign workers. provide the assets for production for outsourcing and off-shoring.
and other wealth creation At the same time it allows for the
● Strategic Thrust 3: Poor quality, activities. If new methods and new formation of virtual partnership
accidents, and destruction of the materials are able to provide cost- without a need to be physically
environment have high costs to effective solutions, they shall close. Many projects are secured
both the firms undertaking the contribute to the competitiveness through the Internet nowadays.
project as well as to society. These of the local construction industry As such, focusing on the
costs may be hidden or they may and to the economy as these will development of ICT in
be real. Environmental cost is result in productivity increase. construction can also provide an
especially heavy to the opportunity to expand the
society if not addressed. construction market as well
In order to nurture a as the market of all the
dynamic construction services and products related
industry these issues to it.
must be given priority as
they affect the ● Strategic Thrust 7:
productivity of the Globalisation is both a threat
industry. The and an opportunity for the
development of high Malaysian construction
quality industry players industry. Not only does it
will also create a barrier open doors to other markets,
to entry in the market but it also requires that we
especially if such open our doors to others. In
attributes are taken into this context it is imperative
consideration when that Malaysia’s construction
awarding projects. service providers maintain
their edge and
● Strategic Thrust 4: competitiveness to stave off
Construction depends to greater challenges from other
a large extent on human service providers from all
skills. Even technology-intensive over the world and also to
construction techniques depend ● Strategic Thrust 6: The powers capture opportunities in other
on the skills of its workforce to of ICT have, as yet, not been fully foreign markets. This strategic
utilise technology effectively. As tapped to benefit the construction thrust will facilitate the
such, the development of human industry, not only in Malaysia, expansion of the construction
resource is one of the most but all over the world. There are market as well as the contribution
critical aspects of improving the many more areas in the to the GDP. However, as
productivity of the construction construction industry that can mentioned above, foreign
industry. capitalise on the powers of ICT projects do not provide the
and improve its performance. multiplier effect to the economy
● Strategic Thrust 5: Research and Currently, even digital as much as local projects do.
development is an essential submission for approval by local
element if we want to maintain authorities is at an experimental At the implementation stage, 20
our lead in foreign markets as well stage. Integration of the various recommendations have been
as develop new products or softwares needed in the forwarded. These recommendations
processes that can improve the construction industry to achieve were the result of consultations with
productivity of construction. In inter-operability is still being the industry. Each of the strategic
foreign markets any new researched. Utilising the digital thrusts has been fully analysed and
construction methodology that world to achieve mass purchase the process required to achieve it is
provides competitive advantages of construction resources has also formulated in the recommendations.
T H E I N G E N I E U R 14
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As a prelude to the successful Ours is not to
implementation of CIMP, eight Critical provide projects.
Success Factors were identified. They Ours is but to
are as follows: prepare the industry
to undertake the
For productivity: Continuous tasks and to bear
improvement throughout the value the trust expected
chain from inception to operation of them honestly
to facilities management. and successfully.
What the CIMP
For quality: Emphasis on quality can do is to
in the use of manpower, materials, supplement the
equipment and methods adopted. d o m e s t i c
construction
For human resource: Creation of demand with
competent workers through skills- foreign demand as
upgrading and knowledge the CIMP has
enhancement. identified activities
to develop a more
For knowledge: Sharing of best concerted and
practices to upgrade the level of effective strategy to
knowledge of the construction export construction
community services. What the
Plan aims to do in
For innovation: Continuous this context is to
research and development that is prepare the
vital to introduce new and creative M a l a y s i a n
methods, materials, tooling and construction
equipment (i.e. construction industry for a more
technology) penetrative global
organisational framework for role. It does not promise that projects
For environmental practice: implementation as well as the phases will be secured. What it does promise
Sustainable practices are the keys and schedules for implementation is that future contractors will be more
to the well-being of future were also included. prepared and more confident to
generations. The CIMP did not try to identify undertake projects overseas.
projects for the construction sector. What the CIMP sets out to do is
For industry sustainability: This was never the purpose of the to make the domestic construction
Generating new opportunities both Plan. As mentioned earlier, the service more productive, more
in the domestic and overseas construction industry survives on effective, more technologically-
markets. derived demand and is not in control pervasive and less labour-intensive,
of it. The opportunities for the and more confident to venture beyond
For professionalism: Enhancement construction industry from 2006 to our shores, and thus become more
of professionalism is key to the 2015 come from the 9 th and 10 th resilient. By doing these we hope to
improvement of the image of the Malaysia Plan and the status of the be a more effective contributor to the
industry. economy during that period. Based on Malaysian economy. As stated earlier
the 9th Malaysia Plan we expect the the demand for construction is
Twenty-two industry-wide key demand therein, and the demand in derived from other sectors. Putting it
performance indicators have been subsequent Plans, to be substantial. differently, we provide the foundation
recommended. However, it may be Under the 9th Malaysia Plan, the for other sectors to build their
necessary to translate the industry- strategy to create Regional Growth activities, be they manufacturing,
wide key performance indicators to Centres, the need for Urban mining, agriculture, tourism, or
activity key performance indicators Transportation, the introduction of services. If we are able to deliver our
to aid implementers in monitoring private finance initiatives are some functions efficiently, cost-effectively,
progress. examples of exciting development and on time, then our clients from
The CIMP also comes with 56 that promise to push demand for the other economic sectors will
recommended action plans for the 20 construction beyond expectation. The benefit from our endeavour. The
recommendations mentioned earlier Government’s move to back up nation, of course, is the final
and identified the parties responsible privatisation with PFI will transform beneficiary. That, in a nutshell, is what
for their implementation as well as infrastructure into a commodity and this first ever CIMP for Malaysia sets
the milestone for each action. The create more business opportunity. out to achieve and to deliver. BEM
T H E I N G E N I E U R 15
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B
eing the premier city and
capital of a nation that
aspires to be fully developed
by the year 2020, Kuala Lumpur’s
vision, goals, function and growth
must contribute strongly to the
attainment of the ideals embodied
in the nation’s Vision 2020.
The Vision of Kuala Lumpur is
consistent with the national vision
i.e.
T H E I N G E N I E U R 16
cover feature
economy’, the ‘almost’ 24 hour city, facilities is to assess the type of users, taken into account in developing a
tourism, and public transport usage. suitability of locations and provide hierarchy of provision to cover the
All these have increased the need for appropriately facilities. whole city.
more toilets. The public is not The current trends and The central area is the main focus
automatically entitled or able to use development of public toilet in Kuala of the city’s business and retail
the toilets in public premises, Lumpur are to reflect: activities and the part tourists are
drinking places or restaurants. Access ● Wide range of users. likely to visit. The main transport
may be restricted to customers only ● Residents. routes radiate out from the city
and children may be barred from ● Tourists centre, railway, Light Rail Transport
some premises. Muslims may be ● Commuters. (LRT) and bus stations being the
wary of using toilets in premises ● Users of associated facilities e.g. gateway to the rest of the city. The
where alcohol or non-halal food is public parks. Monorail runs through the heart of
served. Although the monorail has ● Women. the city’s tourist belts and shopping
toilet facilities, the facilities are ● Disabled. outlets. It is within the vicinity of
located inside the station, accessible these areas that our priority locations
only for commuters and often not Even though there are a number of public toilets are. Other areas are
accessible to disabled. In some of the of different user groups, there are public parks where there are a lot of
light rail transport stations, there are basic requirements for all of them. users during the evenings and
no toilet facilities at all. These requirements include: weekends.
Women are particularly in need ● Safe, hygienic facilities Directional signage will be
of public toilets as they are the ones ● Privacy whist using the facility provided at 100 metres from the
who are out and about in the day ● Sense of safety (most facilities location of the toilets. A City Toilet
time, travelling on public transport have a caretaker) Map will also be provided for the
more than men and often ● Cleanliness. convenience of users.
accompanied by children, the elderly ● Facilities for Muslim users. City Hall Kuala Lumpur is also
and disabled. Yet there is less public ● Mobility of users’ group. looking into including public toilets
provision for public toilets for ● Significance of tourism. in planning requirements for new
women than men. ● Hierarchy of toilet provisions developments. Under the Kuala
Lumpur Planning Act 267, 1982,
CURRENT TRENDS The development of a hierarchy there is no requirement that public
AND DEVELOPMENT of toilet provision would enable toilets be included in town planning
facilities to be targeted to an area’s policy. Recently, City Hall Kuala
Simply providing the facilities needs. Both spatial (geographical Lumpur succeeded in getting a toilet
does not address the needs of users. location) and temporal (patterns and provision for a ‘quicker planning
An important part of providing the peaks of usage) consideration are approval’. In this case, City Hall Kuala
Lumpur entered into an agreement
with the developer.
T H E I N G E N I E U R 17
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T H E I N G E N I E U R 18
Update
All construction workers currently involved in skill trades at 3.3 Main contractors must ensure that their foreign
the construction sites are required to be certified by CIDB workers who have been in Malaysia after the fifth
with Sijil Kecekapan Kemahiran (SKK) for local workers and year undergo the accreditation and acquire the PKPA
Perakuan Kemahiran Pekerja Asing Binaan (PKPA) for foreign or return to their country of origin if they fail to do
workers before 31 July 2006. Therefore all construction so.
workers who are involved in the listed skill trades are required 3.4 Main contractors must ensure that their
to register themselves with CIDB for the skill accreditation subcontractors’, nominated subcontractors’ and labour
process. only subcontractors’ workers fulfill the requirements
All foreign construction workers who wish to renew their set out above (paragraph 3.1, 3.2 and 3.3)
Visit Pass (Temporary Employment) or PLKS with the
Department of Immigration Malaysia after the fifth year in 4. Skill Trades
service are also required to undertake CIDB skill assessment
and obtain the PKPA. The skill accreditation process is 4.1 At the outset, CIDB have identified 12 trades for the
subsequently required to be undertaken every three years accreditation exercise as listed below.
thereafter.
Foreign construction workers must apply to CIDB for the 5. Application for Accreditation
skill assessment not later than three months before the expiry
of PLKS. CIDB has the right to reject any application which 5.1 Application can be made at any CIDB offices by
does not meet this requirement or impose a penalty of RM200 completing the application form.
for every applicant. 5.2 The skills assessment will be conducted at Akademi
Binaan Malaysia, accredited training centres and at
1. Definition of Skilled Worker worksites.
5.3 If contractors wish to accredit their workers for trades
1.1 As stated under Section 2 of ACT 520, a skilled other than those mentioned below, they may do so
construction worker means a person possessing the by contacting any CIDB offices.
accepted level of skill as determined by the Lembaga,
of one or more trades as listed in the Third Schedule. 6. Action Against Errant Main Contractors
1.2 Thereby the accreditation of a person as a skilled
construction worker is through the conferment of 6.1 Failure by Main Contractors in complying with the
the SKK or PKPA. directive will result in disciplinary action against
them as provided under the Regulation for
2. Objectives of the Skilled Workers Registration of Contractors (1995)-Regulation 15(1),
Accreditation Programme LPIPM Act 520, 1994 which can result in their
registration being revoked, suspended or withdrawn.
2.1 To ensure that only skilled workers are allowed to
perform construction works that require skilled
labour. List of Main Skill Trades
2.2 To meet the requirements set out by the Department 1. Bricklayer
of Immigration Malaysia pertaining to the extension 2. Concretor
of Visit Pass (Temporary Employment) for foreign 3. Carpenter (Formwork)
construction workers. 4. Plasterer
2.3 To fulfill the Government’s objective in enhancing 5. Barbender
workmanship and quality in construction. 6. Painter
7. Building Internal Plumbing Work
3. Main Contractors’ Responsibilities 8. Sanitary Fittings Installation Work
9. Building Wiring Installation
3.1 Main contractors must ensure that all their workers 10. Drywall Installation
both local and foreign are registered with CIDB and 11. Pipe Reticulation Work
possess the Green Card. 12. Tiler
3.2 Main contractors must ensure that their skilled
workers possess the SKK or PKPA. Contractors are to For further information, contact:
forward their application for accreditation to CIDB Construction Industry Development Board Malaysia
and CIDB will then inform them of the date and place Tel: 03-2617 0317/318/319
of accreditation.
T H E I N G E N I E U R 20
Update
Objective: To assist in the provision of clean, hygienic, safe all-gender or gender specific toilet facilities are to be provided
and convenient-to-use public toilet facilities of appropriate and consider provision for expansion.
design and quality and to give guidance on the basic care
and maintenance of the facilities. For short-term stay, the population at any point of time is
totally dependent on the nature and the reason for stopping.
Scope: This MS covers all public toilets whether found in Coach tours, for an example, typically allow 15 minutes to 30
stand-alone structures or inside buildings. It covers minutes for ‘comfort’ stops, but up to an hour at a scenic spot
statutory requirements, design, location, number, type and or other points of interest.
quality. Guidance is given on the provision of public toilets
of various categories and adequacy, wherever they may be An indication of the likely number of people that may be
located. expected at a particular location may be obtained by studying
the intended catchment area and by assessing various factors
Use of this MS: This standard is intended for use by local including the following: traffic volumes (pedestrians and
authorities, Government departments and other providers vehicular), car parks, shops, bus stops, taxi stands, tourist
of public toilets, consultants, designers, builders, toilet attractions, sports and major entertainment venues,
facility providers, toilet cleaning service provider and those amusement parks and places of worship in association with
who are not involved in the building industry. the level of use and associated seasonal peaks.
Performance requirements: The function of public toilets is The arrival rate of the public at a toilet facility will be
to provide facilities for the public to use in which they may different for short-term stay locations to that for medium
urinate, defecate, clean themselves, groom, perform and long-term stay locations.
parenting needs and otherwise attend to bodily needs in a
clean, secure, private and hygienic manner. Public toilets may Length of stay Arrival rate (% of population)
be exposed to the effects of the weather, external loads and Short term <1hour >80
pressures and ground movement. In addition, their structure Medium (1hour – 2hours) 5 – 10
and fittings may be subjected to vandalism. Public toilets Long (>2hours) 10 - 15
shall be designed to withstand weather, vandalism and
undesired activities. Arrival rates are usually determined as an average peak
arrival rate over a 15-minute period. This length of time can
Number: Sufficient public toilets units shall be provided to be varied to suit the location and a 30-minute or 60-minute
meet the requirements of the locality and the expected period could be more appropriate.
gender ratio. One measure is to ensure there is no or minimum
waiting time before a toilet is available for use. Design occupancy time: It is recommended that the following
design occupancy times be used when determining the number
Basic requirements of toilet units that should be provided.
● Safe environment
● Facilities with personal hygiene and privacy Situation Gender Design occupancy time (seconds)
● Usable by all gender, age and parenting needs (Total = use time+hand wash time)
● Needs of Disabled persons and care givers are met
T H E I N G E N I E U R 22
LEMBAGA JURUTERA MALAYSIA
JU
A
AG
RU
MB
TE
LE
RA
NOTIS PEMBAHARUAN SIJIL PENDAFTARAN
M A L AY S I A
TAHUN 2007
SYARIKAT PERTUBUHAN PERBADANAN
(BODY CORPORATE) & MULTI DISIPLIN (MDP)
Tarikh: 1 Sept. 2006
Dengan hormatnya dimaklumkan bahawa sijil pendaftaran syarikat bagi tahun 2006 akan tamat pada 31/12/2006.
2. Adalah menjadi tanggungjawab tuan untuk membaharui pendaftaran syarikat untuk meneruskan amalan. Kegagalan
tuan untuk berbuat demikian, membolehkan tindakan di bawah Seksyen 16(b), Akta Pendaftaran Jurutera 1967 (Pindaan
2002) diambil.
3. Sila kemukakan permohonan tuan ke alamat di atas bersama borang-borang berikut:
(i) Borang H1 beserta bayaran pembaharuan tahunan sebanyak RM1,000.00.
** Sila sertakan tambahan RM0.50 komisyen bagi cek luar Lembah Kelang.
(ii) Borang Akuan Lembaga Pengarah Syarikat Tahun 2007.
(iii) Borang Pemegang Saham Syarikat 2007.
(iv) Borang 49 syarikat dan disahkan oleh Setiausaha Syarikat.
** Sila pastikan cop pengesahan oleh Setiausaha Syarikat adalah yang asal.
(v) Form of Annual Return of a Company Having a Share Capital yang terkini dan disahkan oleh Setiausaha Syarikat.
** Sila pastikan cop pengesahan oleh Setiausaha Syarikat adalah yang asal.
4. Pengesahan pembaharuan pendaftaran 2007 akan dicetak dalam Sijil Pendaftaran. Tiada resit bayaran akan dikeluarkan.
5. Permohonan tuan hendaklah sampai ke pejabat Lembaga sebelum atau pada 31/01/2007.
———————SGD———————
(Ir. Dr. MOHD JOHARI BIN MD ARIF)
Pendaftar,
LEMBAGA JURUTERA MALAYSIA.
……………………………………………………………………………………………….
5. Tel. No. : ……………………….…… 6. Fax No. : …………………………. 7. E-mail : …………..........………………….
8. Details of payment enclosed :
**Money order/bank draft/cheque No. ……………… for the amount of RM …….............…….
……………...........……....….…. ……………...........…………..
(Signature) (Date)
T H E I N G E N I E U R 24
LEMBAGA PENGARAH SYARIKAT
BORANG AKUAN TAHUN 2007
(Borang ini hendaklah diisi oleh semua Pengarah Syarikat)
1. Nama:……………………………………………………………………….......................................….…
PENGARAH I
………………………………………. …………………………......…………..
(Tandatangan) (Seal Jurutera Profesional)
PENGARAH II
1. Nama:……………………………………………………………………….......................................….…
2. No. Pendaftaran (PE No.) : ……………….....…................ Disiplin : …………………........……......
3. Syarikat-syarikat lain yang tuan ada terlibat:
Jawatan Nama syarikat Jenis Perniagaan
………………………………………. …………………………......…………..
(Tandatangan) (Seal Jurutera Profesional)
(Borang ini boleh difotostat sekiranya pengarah syarikat lebih daripada dua)
T H E I N G E N I E U R 25
LEMBAGA JURUTERA MALAYSIA
JU
A
AG
RU
MB
TE
LE
RA
NOTIS PEMBAHARUAN SIJIL PENDAFTARAN
M A L AY S I A
TAHUN 2007
SYARIKAT KETUANPUNYAAN TUNGGAL
& PERKONGSIAN
(SOLE PRORIETORSHIP & PARTNERSHIP)
Dengan hormatnya dimaklumkan bahawa sijil pendaftaran syarikat bagi tahun 2006 akan tamat pada 31/12/2006.
2. Adalah menjadi tanggungjawab tuan untuk membaharui pendaftaran syarikat untuk meneruskan amalan. Kegagalan
tuan untuk berbuat demikian, membolehkan tindakan di bawah Seksyen 16(b), Akta Pendaftaran Jurutera 1967 (Pindaan
2002) diambil.
3. Sila kemukakan permohonan tuan ke alamat di atas bersama borang-borang berikut:
(i) Borang H1 beserta bayaran pembaharuan tahunan sebanyak RM1,000.00.
** Sila sertakan tambahan RM0.50 komisyen bagi cek luar Lembah Kelang.
(ii) Borang Akuan * Prinsipal/Pekongsi Syarikat Tahun 2007.
4. Pengesahan pembaharuan pendaftaran 2007 akan dicetak dalam Sijil Pendaftaran. Tiada resit bayaran akan dikeluarkan.
5. Permohonan tuan hendaklah sampai ke pejabat Lembaga sebelum atau pada 31/01/2007.
———————SGD———————
(Ir. Dr. MOHD JOHARI BIN MD ARIF)
Pendaftar,
LEMBAGA JURUTERA MALAYSIA.
……………………………………………………………………………………………….
5. Tel. No. : ……………………….…… 6. Fax No. : …………………………. 7. E-mail : …………..........………………….
8. Details of payment enclosed :
**Money order/bank draft/cheque No. ……………… for the amount of RM …….............…….
……………...........……....….…. ……………...........…………..
(Signature) (Date)
T H E I N G E N I E U R 26
BORANG AKUAN TAHUN 2007
(Sila tandakan [✓] yang berkenaan)
1. Nama:……………………………………………………………………….......................................….…
2. No. Pendaftaran (PE No.) : ……………….....…................ Disiplin : …………………........……......
3. Syarikat-syarikat lain yang tuan ada terlibat:
………………………………………. …………………………......…………..
(Tandatangan) (Seal Jurutera Profesional)
*PEKONGSI SYARIKAT 2
1. Nama:……………………………………………………………………….......................................….…
2. No. Pendaftaran (PE No.) : ……………….....…................ Disiplin : …………………........……......
3. Syarikat-syarikat lain yang tuan ada terlibat:
………………………………………. …………………………......…………..
(Tandatangan) (Seal Jurutera Profesional)
(Borang ini boleh difotostat sekiranya pengarah syarikat lebih daripada dua)
T H E I N G E N I E U R 27
engineering & law
O
f all the species of contracts encountered in the Hainal-Konyi (M) Sdn. Bhd. 3; a case on appeal from
engineering/construction industry, it is the High Court. In a carefully formulated judgment,
undeniable that the ones that are the most the learned judge, his Lordship Mokhtar Sidin JCA
informal or nebulous are the ones involving the thoroughly reviewed the background and law relating
consultants, especially the engineers. One may attribute to the issues raised and made some crucial
this to mere ignorance of the law, or, the lackadaisical pronouncements that should serve as a useful lesson
attitude of the profession, but more often than not, to consulting engineers’ vis-à-vis contracts relating to
most engineers seem to be content with the fact that their engagement. This short article has been penned
so long as they are ultimately remunerated for the work with the objective of informing practicing engineers
done, the legalities are of secondary concern. The end on the possible approach the courts will take in
result is consultants working upon the issuance of a construing, and thereupon enforcing the consultancy
mere letter of intent or just oral representations. The contracts referred to such forums and the areas to be
more informed consultants, or the ones being risk mindful of in ensuring that such contracts are not held
averse, take the formal route; insisting upon the drawing against them.
up of an official consultancy contract 1. Having entered
into such a contract, no matter what its form or content, FACTS OF THE CASE
is no guarantee as to its enforceability. Should such a
contract be tainted with illegality, its consequences may The appellant (the defendant in the court below)
be dire; a fact exemplified lucidly in an earlier Court of engaged the respondent (the plaintiff in the court below)
Appeal’s decision of Sami Mousawi-Utama Sdn. Bhd. as their consultant civil and structural engineer. The
v Kerajaan Negeri Sarawak 2. Furthermore, should the appointment was made through a letter dated November
consultant concerned breach his obligations under the 14, 1995 which the parties agreed to be the contract.
said contract, in particular, if the obligations go to the The contract was for a lump sum of RM410,000
root of the contract, he may lose his entitlements for comprising of RM242,000 for alternative structural
the recovery of his professional fees and instead face design and RM168,000 for the scope of services under
termination and its attendant ramifications. It has been Part A Condition of Engagement, Board of Engineers
a general belief by a majority of consultants that such Malaysia (BEM). Apparently, the structural design by
fundamental breaches are confined merely to design the previous consultant was discarded and the structural
work. However, as of recent, the trend has slowly shifted design by the respondent was adopted. For the
to also encompass supervision and contract appellant’s project, the respondent assigned E1 and E2
administration duties, which, for all intents and (DW2), their two engineers to look after the project.
purposes, reflect on the ultimate realization of the fruits
of the particular contract being implemented.
1. Either based on the ‘BEM Model Form’ or a ‘Bespoke’ Form.
Both these issues have been amply dealt with in the 2. [2004] 2 MLJ 414, CA.
recently decided case of Luxor Holdings Sdn. Bhd. v 3. [2006] 3 MLJ 727, CA.
T H E I N G E N I E U R 28
engineering & law
On April 17, 1996, DW2 gave a three-month notice to plaintiff were registered with the Board of Engineers
the respondent to resign in accordance with his contract Malaysia (BEM) in accordance with the Registration
of service. of Engineers Act 1967.
Before that, E1 had left the respondent and set up (2) The plaintiff had failed to carry out its obligations
his own consultant firm known as ANZ Sdn Bhd. When stipulated in the letter of November 14, 1995 and
the said DW2 tendered his resignation, the relationship was in breach of the said agreement; particulars of
between DW2 and the respondent was not cordial breach are as follows:
anymore because of some accusations and allegations
by the respondent in particular by PW1. DW2 denied (a) The plaintiff had at all material times used
the allegations and as a result DW2 left the respondent the services of E2 to oversee the project
before the three months lapsed. DW2 then joined E1 works; E2 being an engineer registered with
and the firm’s name of ANZ Sdn Bhd was changed to the BEM.
Azman, Lim & Associates, where both E1 and E2 were
the substantial shareholders and the only directors. (b) By the month of April or May 1996, E2 and
E1, both registered engineers of BEM with
On May 7, 1996, the appellant gave notice to the the plaintiff company had resigned.
respondent to terminate the contract and also informed
the respondent that the appellant wished to change their (c) As a result of the resignations of E1 and E2
consultants. The appellant then requested the respondent the plaintiff did not have the expertise and
to submit the invoices for all works done up to the date registered engineers to carry on with the
of termination. On May 27, 1996, the appellant work as civil and structural consultants for
proceeded to appoint the firm of Azman, Lim & Associates the project.
as their new consultant. On August 15, 1996, the
respondent submitted their final invoice for the sum of (d) The plaintiff did not appoint other registered
RM393,750, i.e., the total amount stated under the engineers to take over conduct of the project
contract minus RM36,750 already paid by the appellant. and caused the contractor and other workers
The RM36,750 consisted of RM35,000 as fees and the involved in the project not to be able to
balance 5% service tax. On September 9, 1996, the proceed with their work.
appellant wrote back stating their refusal to pay the
amount claimed by the respondent and again requested (e) The defendant then requested the plaintiff
the respondent to itemise the claims. By their letter to obtain the services of other registered
dated September 4, 1996 the respondent refused to engineers to carry on with the work but the
itemise the invoice and claimed that since the appellant plaintiff failed to do so.
unilaterally terminated the contract, the appellant should
pay the balance of the amount stated in the contract. (f) On the basis of the plaintiff’s failure to obtain
By this letter, the learned judge was of the view that the the services of qualified and registered civil
respondent were seeking damages for breach of contract and structural engineers to carry on with the
and not for works done under the contract. project work, the defendant terminated the
plaintiff’s services vide their letter of May 7,
The respondent instituted the present action when 1996.
the appellant failed to pay the amount claimed by the
respondent. The statement of claim showed that the The respondent’s/plaintiff’s claim in the present
respondent’s claim was for breach of contract in the appeal was that the appellant/defendant had wrongfully
sum of RM393,750. The respondent claimed that the terminated the contract and as a result the respondent
termination was unlawful, null and void and the was entitled to the full sum under the contract. The
respondent were entitled to recover the full amount appellant, on the other hand, claimed that the
under the contract. termination was justified because the respondent was
in breach of the contract when no registered engineer
The appellant in their statement of defence stated was appointed to the project when E1 and DW2
as follows: resigned. The appellant in their letter terminating the
services of the respondent also informed the respondent
(1) The defendant used the services of the plaintiff on that they would be appointing a new consultant
the basis that the engineers employed by the engineer in place of the respondent. The appellant
T H E I N G E N I E U R 29
engineering & law
made no secret that they wanted DW2 to be the submitted that any contract by an unauthorised
consultant. Though there is nothing in the record to engineer is illegal and he cited Raymond
show that the respondent was not happy with the Banham & Anor v Consolidated Hotels Limited
appointment of DW2, it was clear from the meetings [1976] 1 MLJ 5 and John B Skilling & Ors v
between the respondent, the appellant and the architect Consolidated Hotels Ltd [1979] 2 MLJ 2 ….’
of the appellant that the respondent was not happy
and not willing to work with the said DW2. He further said:
FINDINGS OF THE COURT OF APPEAL ‘…. at the time when the negotiations and the
conclusion of the agreement, the appellant did
In allowing the appeal with costs, the Court of not know that PW1 was not a director, a
Appeal held as follows: shareholder or an officer of the respondent
and that he had no authority to act for the
● On the issue whether the agreement between the respondent. Though PW1 claimed that he was
appellant and the respondent was illegal authorised by the respondent to do so, the letter
of authorization was never produced.
PW1 was one of the directors of the respondent;
an international company operating in Malaysia. Looking at the evidence as a whole, I am in
With the coming in force of Section 7A of the agreement with the appellant that PW1 was
Registration of Engineers Act 1967 4, the respondent the alter ego of the respondent just because
became a body corporate whereby it was subject he was the one who incorporated the
to statutorily imposed prohibitions and restrictions, respondent. He should have stopped doing so
principal amongst which was, PW1 (being a when the Act was amended because by then
foreigner) was not allowed to be a shareholder or he was prohibited from being a shareholder, a
to hold the office of a director. As the evidence director or an officer of the respondent. He
showed, PW1 was the alter ego of the respondent should not hold himself as such. Surprisingly,
and he was the one who negotiated and concluded none of the shareholders, the directors or the
the consultancy contract for and on behalf of the officers of the respondent stopped PW1 from
respondent. This was in direct contravention of doing so. This is understandable because the
the Act which proscribed such conduct. Hence, evidence shows that PW1 was the only person
the agreement was held to be illegal. with the respondent who could allocate the
shareholding, appoint the directors, appoint
In buttressing his decision, the learned judge said: and terminate the engineers within the
respondent in total contradiction to the
‘…… in my view, being an employee only and prohibitions imposed by the Act and the
on top of that a temporary one for a particular certificate issued to PW1. It is also apparent
project, the power of PW1 differed substantially that PW1 was the only person with the
from that of a director or a shareholder. As an respondent who could negotiate and conclude
employee of a particular project, PW1 has to a contract for the respondent. The Act did
take instructions and directions from the not permit PW1 to do so. From the evidence,
director, shareholders or officers of the it is clear to me that the agreement with the
respondent and that also in respect of the appellant was concluded by PW1 on behalf of
project he was employed. Apparently, in the the respondent. The Act did not permit him
present appeal, it was the other way round, it to do so. For that reason, I find that the
was PW1 who gave instructions and directions agreement was illegal.’
to the shareholders and directors of the
respondent such as the instructions and ● On the issue of whether there was a breach of
directions to DW2. It shows that PW1 had contract permitting termination of the contract due
exceeded the authority given to him and acted to the respondent’s default in assigning a
in contravention of the prohibitions and replacement engineer.
restrictions imposed in the certificate issued to
him. The appellant contended that as an
employee, PW1 could not negotiate or enter
into a contract with any party. The appellant 4. In short ‘the Act’.
T H E I N G E N I E U R 30
engineering & law
It was held, that by not naming the replacement only practice as an engineer or a professional
engineer who was registered upon the resignation engineer once he registers himself with BEM
of DW2, there was in fact no consultant engineer under Section 7 of the Act. In the agreement
assigned to the appellant’s project as was stipulated between the parties, when it states that the
in the consultancy contract. This was supported engineer, meant an engineer registered under
by cogent evidence which also showed that there Section 7 of the Act. The learned judge was
was no such assignment even up to the date of indeed in error when he stated in the
termination. It should have been apparent to the judgment the above…….
respondent that this breach would inevitably result
in the appellant’s project being delayed. Such a …. when DW2 tendered his resignation, the
breach was accordingly serious and therefore respondent did not name his replacement. If
entitled the appellant to terminate the consultancy I am not mistaken, when DW2 tendered his
contract. resignation PW1 asked DW2 to stop work
immediately in respect of the appellant’s
His Lordship, Mokhtar Sidin JCA explained the basis project. PW1 knew that the appellant wanted
of his judgment in the following words: to complete their project in time. By not
naming the replacement of DWl there was
‘….. the second issue raised by the appellant no consultant engineer assigned to the
was in respect of the number of registered appellant’s project. According to the
engineers attached to the respondent when evidence, the respondent did not assign any
DW2 tendered his resignation to the engineer until the appellant terminated the
respondent. The appellant contended that agreement. This was the second breach by
under the contract the respondent should the respondent. It was obvious to the
assign two registered engineers to the appellant that when the respondent failed to
appellant’s project at all time. The evidence name the replacement for DW2, the
shows that when E1 left the respondent there appellant’s project would be delayed. In view
was no replacement for him. There was of the breaches by the respondent, I am of
already a breach by the respondent. When the view that the appellant is entitled to
DW2 tendered his resignation the respondent terminate the agreement ….’
failed to inform the appellant the names of
the registered engineers to replace E1 and COMMENTS/OBSERVATIONS
DW2 as consultants. The appellant raised
the issue of the replacement of DW2 with From the foregoing judgment, a number of
the respondent, i.e. PW1. It is apparent to observations can be made which can serve as a lesson
me, even at that time the appellant did not to practitioners, especially Consulting Engineers.
know that PW1 had no authority to represent First and foremost is the fact that the Courts are
the respondent. The appellant gave evidence prepared to enforce the requirements of the Act
that it was necessary for the project to be literally and strictly. This is most laudable as the
completed within time so that they would not whole purpose of the Act is to protect the public
be penalised for late delivery…..’ from the effects of unprofessional practices and instill
a sense of integrity to the engineering fraternity; a
He continued: fact clearly articulated by a previous bench of the
Court of Appeal 5. To this effect, breaches especially
‘…. the appellant contended that the learned of Section 7 & 7A of the Act are held in a very serious
judge was in error when he said that ‘there light to the extent that any ensuing contract tainted
is no express terms in the contract that the with illegality may result in its unenforceability by
plaintiff must have at all times engineers who the Courts. Furthermore, the word “engineer” is given
are registered with BEM’. It is obvious the a restricted meaning (contrary to its common usage);
learned judge misread the Act in particular being confined to an engineer or other qualified
Section 7 where it is stated that no person person registered under the Act 6. This is consistent
shall practise, carry on business or take up
employment as an engineer unless he is a
registered professional engineer. Section 2 5. See the C.A’s judgment in Sami Mousawi-Utama Sdn. Bhd. v
defines ‘registered engineer’ to be an engineer Kerajaan Negeri Sarawak [2004] 2 MLJ 414.
under this Act. In my view, an engineer could 6. Thereby breathing life to Section 2 of the Act.
T H E I N G E N I E U R 31
engineering & law
with the Malaysian Court’s approach for the other respondent could not have claimed the costs for the
professions e.g. the definition of an “architect” in work done. On the contrary, in the author’s opinion
Gunung Bayu Sdn. Bhd. v Syarikat Pembinaan Perlis this could have been sustained and successfully
Sdn. Bhd. 7. pursued, had the claim being premised on Section
71 13 of the Contracts Act 1950 (Act 136, Rev. 1974)
Secondly, foreign engineers practicing in Malaysia i.e. for quantum meruit.
should take heed of the Court of Appeal’s
pronouncement on their status in respect of their It is pertinent to note that Section 71 can be
registration and involvement in body corporates invoked by the aggrieved person even to a void
pursuant to the relevant provisions of the Act and in contract as its purpose is to prevent unjust
particular Section 7A. However, in the author’s humble enrichment. Provided, the aggrieved party can meet
opinion, it was not necessary for the Court to follow the four conditions stipulated in Section 71 on a
the Singaporean decisions of Raymond Banham & Anor balance of probabilities, the claim could be sustained
v Consolidated Hotels Limited 8 and John B. Skilling & in law: Siow Wong Fatt v Susur Rotan Mining Ltd. &
Ors v Consolidated Hotels Ltd. 9 (which are merely of Anor 14. In the final analysis, much depends on the
persuasive nature) as there was already on record the way the claim is drafted especially on the legal basis
Court of Appeal’s previous judgment of Sami Mousawi- being pursued. For this, careful thought has to be
Utama Sdn. Bhd. v Kerajaan Negeri Sarawak 10. Perhaps expended in arriving at the very legal premise of the
this was because it was not brought to the said courts claim as a wrong decision reached may compromise
attention. Be that as it may, the instant pronouncement the claim and thereby render it ultimately nugatory.
reinforces the Court of Appeal’s earlier decision; thereby
reflecting its consistency in its approach to the said CONCLUSION
matter.
The Court of Appeal’s instant decision is a very
Another significant principle that can be distilled pertinent one for consulting engineers in particular
from the instant judgment is that pertaining to the and also their employers as it underlines in no
necessity for consultants to provide registered uncertain terms the judicial approach that is currently
engineers during the contract implementation stage, favoured in addressing issues pertaining to
especially if there is an express stipulation to this consultancy contracts that are submitted to such a
effect in the consultancy contract 11. Breach of such forum. The issues under consideration are not
a stipulation is regarded a fundamental breach of unfamiliar to the industry as they encompass matters
contract, as reflected in the said decision, since it that are encountered frequently in practice by most
will inevitably lead to an ensuing delay in the project of the industry players. Much has to be learned from
involved with its attendant dire ramifications for the the said decision, which if read in conjunction with
client. Consequently, the client may be entitled, as earlier pronouncements of the local courts, furnishes
transpired in the instant case, to terminate the valuable guidelines for the practitioners to imbibe
contract and claim the consequential damages. and observe. However, it is ultimately left to the
Consultants should take particular heed of this aspect industry itself to take heed of the said judicial
of the judgment as there is a tendency to treat the pronouncements and to ensure that these are adhered
said obligation lightly, since to date a majority of to as strictly as possible; failing which the
clients have not been enforcing similar obligations consequences are well apparent and for which no
strictly. Notwithstanding this being a contractual one else can be faulted. BEM
requirement, consultants should realize that the need
to provide such engineers is also a statutory
obligation 12; breach of which carries concurrent
7. [1981] 2 MLJ 149 where the HC held that an ‘architect’ meant
statutory sanctions.
an Architect registered under the Architects Act 1968 (Act 117).
8. [1976] 1 MLJ 5.
It should also be noted that on the facts of the 9. [1979] 2 MLJ 2.
case, the respondent’s claim against the appellant 10. [2004] 2 MLJ 414, CA.
failed as it was merely for damages for breach of 11. In particular the BEM’s Standard Form of Agreement.
contract; not for works done under the contract. As 12. E.g. under the ‘Street, Drainage & Building Act 1974’, ‘Uniform
is clearly elucidated by the learned judge in the Building By-Laws’, etc.
13. Entitled ‘Obligation of person enjoying benefit of non-gratuitous
detailed judgment, this claim could not be tenable
act.
in law on the said basis; hence its summary dismissal. 14. [1967] 2 MLJ 118; (1967) 2 PCC 413, PC. See also Ted Bates
This does not mean that based on the facts, the (M) Sdn. Bhd. v Balbir Singh Jholl [1979] 2 MLJ 257, FC.
T H E I N G E N I E U R 32
feature
IBS Roadmap 2003-2010:
The Progress and Challenges
By Ir. Shahrul Nizar Shaari, CIDB Malaysia
P
refabricated construction the usage of prefabrication in
in Malaysia started almost Malaysia, kudos must be given
40 years ago with the to the agency for being the first
completion of the Tunku Abdul to champion a coordinated
Rahman Public Housing Estate; national-level programme for
or commonly known as the industrialisation of the
Pekeliling Flats. For the last four Malaysian construction sector. It
decades, the construction can also be rightly claimed that
industry has been experimenting it is actually a re-branding
with various prefabricated exercise by the Government to
construction; being lead by reintroduce prefabricated
various precast concrete solution construction amid negative
providers. In most cases, it was perceptions by industry players.
for one-off and isolated projects. Nonetheless, it is also a fact that
No proper plan was formulated the term “IBS” goes far beyond
by the Government for the being a modern method of
industrialisation of construction prefabricated or offsite
until the inception of the IBS construction. IBS also includes
Roadmap 2003-2010. A the Open Building Concept that
masterplan to facilitate the was first promoted during the
transformation of the Malaysian rebuilding years of post-war
construction sector was Netherlands. The rules for
formulated with inputs from Installation of Precast Concrete Wall: Manpower – dimensions, positions and
industry and endorsed by the Critical Success Factor interfaces of components are
Cabinet in October 2003. Known important elements of Open
as the “Industrialised Building Building. As such, the principles
“
Systems (IBS) Roadmap 2003-2010”, The lead secretariat of Modular Coordination (MC) are
the masterplan is based on the 5-M also applied. In the Malaysian
Strategy (Manpower, Materials-
for the development and context, it is the rules set by the
Components-Machines, monitoring of IBS Malaysian Standard MS 1064 that
Management-Processes-Methods, Roadmap is CIDB, under were based on Nederlands
Monetary and Marketing) with the the patronage of the Normalisatie Instituut (NNI)’s NEN
target of having an industrialised 6000; the standards for MC in design
construction industry as well as
Ministry of Works. of buildings. In fact, the amendment
achieving Open Building Concept by Supporting the program of the Uniform Building By-Law
the year 20101 . The transformation of are the various agencies (UBBL) to incorporate MC has been
the construction sector is crucial in involved in the 5-M outlined in the IBS Roadmap.
ensuring the successful achievement The ideal state of having one
of Vision 2020.
activities of the Roadmap; common IBS Open System, based on
Even though the Construction with JKR as the most the fundamentals of Open Building,
”
Industry Development Board (CIDB) important partner. for the whole industry is very unlikely
Malaysia is not the first to promote in the near future. This is because the
industry already has 129 IBS systems
providers that cover precast concrete
1
Industrialised Building Systems (IBS) Roadmap 2003-2010, CIDB Malaysia, frames, panels and blocks, steel
2003 frames, prefabricated timber frames
2
IBS Manufacturers Directory 2005/2006, CIDB Malaysia as well as system formworks2 . Each
T H E I N G E N I E U R 33
feature
“
IBS Roadmap is CIDB, under the using IBS and MC, it is not being
patronage of the Ministry of Works. IBS is far beyond utilized fully due to the low overall
Supporting the programme are the prefabricated solutions demand of public construction
various agencies involved in the 5-M and project activities. Until the public projects
activities of the Roadmap; with JKR implementation. IBS is also under the Ninth Malaysia Plan are
as the most important partner. The rolled-out physically by the various
commitment by the Government on about the changing of Government agencies, the actual
IBS implementation is very high. conventional mindset, impact of the IBS Roadmap’s
After the Roadmap’s endorsement by championing human initiatives will not be felt by the
the Cabinet, the first strong indication capital development, industry. The support from these
by the Government was through the Government clients is very crucial.
2005 Budget announcement in developing better They must equip their staff with
September 2004. First, it was cooperation and trust, relevant IBS knowledge in order to
announced that all new Government promoting transparency; ensure proper execution of the
building projects are required to have and, most importantly, projects. Besides that, the appointed
at least 50% IBS content; which is contractors must not be allowed to
”
calculated through the IBS Score high integrity. counter propose conventional
Manual that was developed by CIDB. construction. Nonetheless, with the
The decision to make it compulsory strong commitment from the
for Government buildings was to Government would ensure that all IBS Government, it is expected that by the
create sufficient momentum for the components used in public projects end of the Roadmap period; which
demand of IBS components. In order are MS 1064-compliant4 . This would coincides with the end of the Ninth
to attract private clients, the second facilitate standardisation of Malaysia Plan, positive changes will
announcement was on the levy components and increase productivity materialise.
exemption for housing projects that of construction. The commitment of Besides the support from
have a minimum IBS Score of 50%3 . the Government is further Government projects, it is also
The IBS Agenda was further strengthened with the announcement important for private developers to
boosted with the 2006 Budget of the Ninth Malaysia Plan. Again participate in ensuring the successful
announcement. Tax incentive was emphasis was given to IBS in public implementation of the programme.
offered through Accelerated Capital and affordable housing projects. In Some may argue that the incentive
Allowance (ACA). IBS manufacturers addition, it was also declared that the in the form of exemption of levy for
would be given ACA for expenses Government would be offering more projects with minimum IBS Score of
incurred in the purchase of moulds
used for production of precast
3
concrete components. Also stated in 2005 Budget Speech, www.pmo.gov.my
4
the 2006 Budget was that the 2006 Budget Speech, www.pmo.gov.my
T H E I N G E N I E U R 34
feature
50% is too little. The effectiveness of all new buildings and new extensions down the market rates. The
the offer is very unlikely due to the that are more than 5,000m2 in gross Government through CIDB’s Akademi
fact that the current levy imposed on floor area (GFA). And with effect from Binaan Malaysia (ABM) spends
building projects is already low. January 1, 2004, the minimum GFA millions of Ringgit each year to train
Initially the levy charged for is reduced to 2,000m2 6 . The year 2008 construction workers but it is of no
construction projects was at 0.25%. is not too far away and in use if the graduates are not interested
However, after the enforcement of the consequence, it is also important for to find jobs in the construction
Economic Stimulus Package in 2003, both the government as well as industry due to the extremely low
it was reduced to 0.125% and as for developers to start to make relevant wages. In the end, the industry will
low, low medium and medium cost preparation on this matter. Proper always prefer the labour intensive
housing projects5 , no levy is imposed. mechanism must be developed and methods, at the expense of IBS;
Based on the 0.125% rates, say for a promotions and education quality and productivity.
RM20 million project, the levy to be programmes must be in place within It is important is for the
paid to the Government is only one or two years before the date of Government to have a proper
RM250,000. The offer will only be implementation. assessment and verification scheme
attractive if the increase of cost due for IBS products, manufacturers,
to the usage of IBS components is less contractors (installers) and workers in
than that value. With the current low place. This is needed to avoid inferior
demand and low standardisation of products and service providers from
IBS components, undoubtedly the flooding the market. While the IBS
initial usage of IBS will increase the Agenda also includes the
total material costs of the project; development of IBS techno-preneurs,
even though ultimately it lowers the it is very important that stringent
total construction costs in the longer quality control is imposed. An “IBS-
term. Because of this, the industry is Status” programme is suggested to be
not too keen to take up this offer by developed and modelled based on the
the Government. As such, an increase Multimedia Development Coperation
in take-up rates will only materialise (MDEC) approach. This can also be
when overall prices of IBS used to develop incentives
components are reduced. programmes and not limited to
Alternatively, positive response is verification activities. In addition,
expected to pour in if the Government promotion and Continual Professional
decides to increase the levy back to Development (CPD) programmes for
pre-2003 rates. designers must be enhanced to
Nevertheless, it is crucial to Another main challenge for include IBS knowledge. A survey of
highlight that the incentives discussed successful implementation of the IBS the industry shows that 66% of
above are designed to prepare private Agenda is regarding the construction architects admit to have “Poor”
developers for a major change. It is workforce. In fact, it can be stressed knowledge in IBS8 . In fact, on the
stated in the IBS Roadmap that by the that the most critical success factor suggestion section of the survey, most
year 2008, all private development are is reducing or eliminating the illegal of the respondents (34%) have
required to achieve a minimal foreign workforce that is flooding the requested for more awareness and
buildability or IBS Score before any country. In fact, the total number of education programmes on IBS.
development approval is given. This illegal workers in Malaysia is In summarizing the issues, CIDB
is similar to what has been practiced estimated at four times the number as the lead secretariat requires solid
in neighbouring Singapore. In of legal workers; with the latter support from the relevant
ensuring the success of its estimated at 1.85 million7 . As long Government agencies that are
construction industrialisation as it is easy for the industry to find involved in its implementation. Also
programme, the Buildable Design illegal workers, labour rates will important is for the Government and
Appraisal System (BDAS) was remain low and builders will find it industry to work hand-in-hand in
introduced. BDAS was made as a unattractive to change into simplified ensuring successful implementation
mandatory requirement for all solutions such as IBS. Irresponsible of the IBS Roadmap and achieving
building plans approval. It was employers are still bold enough to hire the target of construction
implemented on January 1, 2001 for the illegals; and in the process, bring industrialisation. IBS is far beyond
prefabricated solutions and project
implementation. IBS is also about the
5
Economic Stimulus Package Speech, 2003, www.mten.gov.my changing of conventional mindset,
6
Code of Practice on Buildable Design, Building and Construction Authority championing human capital
(BCA), Singapore, September 2005, development, developing better
7
1.85 juta warga asing bekerja di Malaysia, Berita Harian, 19 July 2006. cooperation and trust, promoting
8
IBS Survey 2005: Survey on Malaysian Architects’ Experience in IBS transparency; and, most importantly,
Construction, CIDB Malaysia, 2006 high integrity. BEM
T H E I N G E N I E U R 35
feature
T
he presence of visible cracks in CONCRETE CRACKS If the axially applied forces
concrete is inevitable when ( F i g . 1 ) were reversed, the RC
subjected to excessive tension- ● Axially Loaded Forces (Tensile/ member would experience
inducing forces such as pulling, Pulling & Compressive Forces) compression and would very seldom
bending, twisting, etc. Even if steel crack and fail unless of course if the
reinforcement bars (rebars) are When a Reinforced Concrete (RC) concrete’s compressive endurance
placed into concrete, it still does not structural element is subjected to a limit has been exceeded. One such
prevent the concrete from cracking pulling force (Fig. 1), separation example can be witnessed in most
but on the other hand, rebars merely cracks penetrating through the entire material testing laboratories where
control the crack width (NPIRD, cross section (Shina, 1988, p.290) progressive compressive force is
2004). Cracks, classified as would develop when its tensile applied on concrete samples and prior
structural or non-structural can strength resisting the applied force is to complete failure, cracks can be
deteriorate from non-structural to exceeded. It should be noted that the observed on the test samples.
structural cracks due to serious use of concrete having a Young’s When a load is imposed on a
corrosion of rebars (Perkins, 1997, Modulus of 30000N/mm 2 with structural element, checks should be
p.81). minimum high tensile rebars (based taken to ensure that concentrated
on BS8110:1985), the tensile force loadings do not exceed the
PROPERTIES OF CONCRETE experienced by the concrete would be compressive/tensile endurance limit
AND STEEL approximately 30 times that of concrete as this would constitute a
experienced by the rebars when a failure in the region of the applied
Un-reinforced concrete, being tensile force is applied onto this loading and depending on the
capable of resisting relatively high element. Reduction of the stress onto structural design, cracks would
compressive forces, behaves rather the concrete is either through the develop prior to failure. To avert
poorly with the imposition of tensile provision of more reinforcements or cracks due to concentrated loadings,
forces. Concrete, having a the reduction of the concrete stress additional reinforcements should be
resistance in tension of which the latter is seldom adopted in provided and where this is not
approximately seven to 15% that of practice. possible, an increase of the area of
its compressive strength (MacGinley
& Choo, 2001, p.13; Price, February
Table 1: Complementary Properties of Concrete and Steel
1951, pp.417 – 432; Wang &
Source: Adapted From: Mosley, W. H., Bungey, J. H. & Hulse, R., 1999, Reinforced
Salmon, 1992, p.13) is “strengthen”
Concrete Design, Fifth Edition, Palgrave, London, p.1.
through the provision of steel bars
in zones where tensile stresses Properties Concrete Steel
exists. Steel, be it mild or high
Tensile strength Poor Good
tensile, is a complementary material
to be added to concrete and some Compressive strength Good Slender bars would buckle
differing properties of concrete and Shear strength Fair Good
steel are shown in Table 1. Durability Good Corrodes when exposed and unprotected
When there is a rise in
Resistance to fire Good Loses strength at high temperatures
temperature, an object would expand
and when the temperature is reduced,
the object experiences contraction.
Steel and concrete have the same
linear expansivities thus expanding
and contracting by the same amount
with varying temperatures. Figure 1
T H E I N G E N I E U R 36
feature
● Torsional Forces In Concrete
● Spacing of Reinforcements
T H E I N G E N I E U R 37
feature
T
here are two Acts that govern The Statutory Requirements they will be completed in a period of
building construction activities more than six weeks. Such forms can
namely, The Factories and The laws that DOSH enforces be obtained from DOSH’s regional
Machinery Act 1967 (Act 139) and cover building operations and works offices.
The Occupational Safety and Health of engineering construction. Some of
Act 1994 (Act 514). The Department the salient requirements that have to ● Application for the installation
of Occupational Safety and Health be complied with by any person who of certificated machinery
(DOSH) under the Ministry of undertakes any building operation
Human Resources is the lead and works of engineering Application through the
authority in the enforcement of construction are as follows: submission of the form JKJ 105 shall
these laws. be made to the DOSH’s regional office
These Acts are supported by ● Notification of Commencement if tower crane, material hoist,
relevant regulations, enabling any of Construction Work passenger/material hoist, power
person or duty holder to be clear on scaffold and any other hoisting
how to discharge his legal obligations Notice in the prescribed form (JKJ machinery, pressure vessel or steam
and responsibilities. One of the 103) shall be served on the Inspector boiler are installed and used in the
regulations is the Factories and not later than seven days from the construction site. No person shall
Machinery (Building Operations and commencement of those operations operate or cause or permit to be
Works of Engineering Construction) and which the person undertaking operated any such machinery in
(Safety) Regulations 1986. them has grounds for believing that respect of which a certificate of fitness
Source: IJM
Safety netting
TT HH EE II NN GG EE NN II EE UU RR 38
feature
Source: IJM
is prescribed, unless there is a valid
certificate of fitness issued under the
Factories and Machinery Act 1967.
The applicant also has to ensure
that tower crane, passenger/materials
hoist and power scaffold are installed,
erected, maintained, and dismantled
by competent persons or company.
In addition, registered crane
operator with DOSH has to be
employed during the operation of
tower crane, mobile or derrick crane
at the construction site.
TT HH EE II NN GG EE NN II EE UU RR 39
feature
CONCLUSION
TT HH EE II NN GG EE NN II EE UU RR 40
feature
S
anitation is all about the toilet, a pour-flush toilet or a WC
Estimates Of Water-Related
process whereby people connected to a public sewer or a septic
Mortality
demand, effect, and sustain a tank). The real situation is even worse:
hygienic and healthy environment by the statistics include toilets that are
● World Health Organisation
erecting barriers to prevent so bad, or shared by so many people
transmission of disease agents. It is 2000 - 2.2 million (diarrhoea that it cannot be regarded as
also a crucial element for sustainable diseases only) “improved sanitation”.
growth, be it rural or urban ● World Health Organisation About one billion of the six billion
environments. The most important 1999 - 2.3 million people in the world are served by
source of water contamination in ● WaterDome 2002 - sewerage systems but much of this
developing countries is human faeces, more than three million sewerage is discharged into rivers,
due to the lack of adequate sanitation ● World Health Organisation lakes and the sea with little or no
facilities 1992 - four million treatment: Only about 300 million
The United Nations, in ● World Health Organisation people have their sewage treated in
collaboration with individual 1996 - more than five million an environmentally acceptable way
nations, regularly monitors access to ● Hunter et. al. 2000 - (Matsui 2002). The excreta from the
water and sanitation. United Nations’ more than five million remaining 5.7 billion people are
World Health Organisation is one of ● UNDP 2002 - discharged directly into the
the leading agencies in estimating more than five million environment.
the deaths caused by water-borne ● Johannesburg Summit 2002 - The World Health Organisation’s
diseases. The most recently more than five million data showed high morbidity and
completed assessment, published in ● Hinrichsen et.al. 1997 - death rates worldwide due to
2000 by the World Health 12 million consumption of unsafe drinking
Organisation (WHO 2000), is the water. Currently, about 20% of the
most comprehensive to date, world’s population lacks access to safe
providing information for 89% of the drinking water, and more than five
world’s population. billion people in the world today are million people die annually from
International statistics (WHO and without any form of “improved illnesses associated with unsafe
UNICEF 2000) indicates that 2.6 sanitation” (defined by WHO as a pit drinking water or inadequate
sanitation. If everyone had safe
drinking water and adequate
sanitation services, there would be
1
While each of these assessments offers a picture of the populations without access 200 million fewer cases of diarrhoea
to water and sanitation services, different rates of response to surveys, inconsistent and 2.1 million fewer deaths caused
definitions of “access” and “adequate,” and poor data availability make it difficult, by diarrhoea illness each year1 .
and ill-advised, to draw conclusive trends over time. At the same time, despite According to the U.S. Bureau of
problems with the data, it is evident that while progress has been made in providing the Census international data group
water services to specific regions and areas, limited resources and rapidly growing and UN population estimates, global
populations have made it difficult to provide comprehensive and complete water population between 2000 and 2020
and sanitation coverage for all. The most serious consequence of this failure is will grow from just over 6 billion to
widespread water-related disease and death. as much as 7.5 billion, with most of
the increase in developing countries
While data are incomplete, the World Health Organisation estimated in the 2000 of Africa and Asia. Projections of
assessment that there are four billion cases of diarrhea each year in addition to
future water-related deaths will
millions of other cases of illness associated with the lack of access to clean water.
depend on these future population
Since many illnesses are undiagnosed and unreported, the true extent of these diseases
estimates as well as a wide range of
is unknown.
T H E I N G E N I E U R 42
feature
other factors. Excluding deaths from
malaria and other diseases carried by
water-related insect vectors, the
current international estimates of
total water-related disease mortality
range between 2.2 and five million
annually.
No “best estimate” is provided. The
wide range of this estimate is, by
itself, a strong indicator of the need
for better monitoring and data
collection on this public health
problem.
Sanitation According To
Geographical Regions
T H E I N G E N I E U R 43
feature
Source: www.virtualmuseum.ca
safe drinking water and basic
sanitation. Just as important are the
Source: Johannes Heeb
T H E I N G E N I E U R 44
feature
constructing Ecosan community toilets
in 13 locations in Banda Aceh and
Benefits of Ecological Sanitation Meulaboh. This project is on-going.
T H E I N G E N I E U R 45
feature
T H E I N G E N I E U R 46
feature
priority should be at the national
level to be sustainable.
● To sustain the change over a
long period of time until such
change becomes internalized
and part of our social culture.
● To accelerate our own ‘learning-
curve’ by learning from the
world-wide toilet fraternity
especially from experts in
Japan, Taiwan, UK, Australia,
Finland, USA.
● To mobilize and coordinate both
volunteers and interested
organisations to assist in this
national effort as a civil society
and through our work, bring
pride and dignity to our people
on their daily visits to the toilet.
● To provide capacity training to
raise the standards of all who
are involved
● Year 2002, November, Suwon an average 2 to 3hrs. If such
This strategy is reflected in the City, Korea toilets visits are facilitated well, the
activities that WTO holds annually. ● Year 2003, October, Taipei, goodwill will bring tourists back.
Taiwan Tourism is hospitality. Related
World Toilet Summit & World ● Year 2004, November, Beijing, topics are brought up during The
Toilet Expo / Forum China World Toilet Summits e.g. Korea
● From 2005, there were two Suwon, Super toilets; Beijing
There is no need to reinvent the conferences per year: Tourism Bureau’s renovation of all
wheel every time ● Year 2005, May, Shanghai, tourism toilets in Beijing; Shanghai
China – World Toilet Expo & World Toilet Forum.
The opportunity of networking Forum
with the professionals to propagate ● Year 2005, November, Belfast, World Toilet Day, November 19
the need for better toilet standards United Kingdom – World Toilet
globally, and to gather resources, Summit It’s everybody’s business
promote creative development and ● Year 2006, May, Indonesia –
sustainability effort for sanitation World Toilet Expo & Forum The purpose of this Day is to
issues, perpetuates annually with ● Year 2006, September, Moscow, have people in all countries to take
each World Toilet Summit. Russia – World Toilet Summit action, to increase awareness of
The world was first introduced to ● Year 2006, November, Bangkok, toilet users’ right to a better toilet
WTO at the 1st World Toilet Summit Thailand – World Toilet Expo & environment, and to demand for it
held in Singapore from November 19 Forum from the toilet owners. As such, it
to 21, 2001 at the Singapore Expo is also the toilet user’s duty to
with support and acknowledgment One direct benefit is tourism. contribute towards its
from both the Singapore Ministry of Today, there are still many tourist maintenance, cleanliness and
the Environment, and the United sites without international grade hygiene.
Nation Environment Programme toilet acceptable to tourists. No Press releases are sent to the
amongst others. matter how attractive or historic a media, and notices send to all Toilet
WTO has also started a series of tourist site is, it cannot attract and Associations to be united in our
World Toilet Expo & Forum events. serve tourist unless it has equally message. On this day we at the
While World Toilet Summit remains attractive toilets. Secretariat of WTO would like all
a global platform and conference- Public toilets were originally toilet users to get involved. As the
led, the new series is expo-led, and build to serve locals and designed saying goes, “If you don’t discuss
focus more on regional and local based on their culture and habits. it, you can’t improve it.” Rather,
solutions on public toilets of the host With air travel cost dropping and ‘It’s everybody’s business’
country. the proliferation of budget airlines, For World Toilet Day 2006, we
From 2001, the World Toilet more people are travelling. w o u l d l i ke t h e c o u n t r y ’ s
Summit was launched in Singapore. Spending power is also growing. supermarkets to extend a discount
Thereafter, it became a travelling Tourists with food and drinks for all toilet products. This will
road-show: needs to plan visits to the toilet on offer households a financial
T H E I N G E N I E U R 47
feature
incentive to break the toilet taboo. There are presently no ● Toilet cleaners are lowly paid
The more people like toilets, they comprehensive toilet educational workers that are not always
more they’ll talk about it and take institutions that address both urban appreciated. By re-creating the
care of it. and rural toilets’ needs in a job, and bringing it to a new
continuous manner. Locally and professional level, they become
World Toilet College worldwide, through WTO, WTC has multi-skilled to become better
support from Government paid and more productive
Training with a Social Mission ministries and agencies, private Restroom Specialists.
companies, sanitation experts, and ● The Ecological Sanitation
WTO has started World Toilet industry stalwarts. In addition, Course is the first of many that
College (WTC) in 2005 because WTO has a network of resources will train much needed
there was a need for an such as the World Toilet Summits sanitation human resource –
independent world body to ensure and the Singapore Polytechnic to estimated to only number 400
that the best standards in Toilet leverage. presently - to help alleviate the
Design, Cleanliness, Maintenance, The training programmes have 2.4 billion people worldwide
Quality of Work and Sanitation a societal mission besides that do not have a toilet.
Technologies are kept. imparting technical skills: ● Badly designed public
restrooms are dirty and
shunned by users, which may
lead to personal health
Restroom Specialist Training Course problems. M o r e o v e r, t h e
Train the Trainers’ course, June 2006 Restroom Design course will
also help reinforce designs and
provisions that promote potty
parity.
CONCLUSION
T H E I N G E N I E U R 48
feature
N
o one, especially in the Architectural design concept, ● 52 months total construction
aviation fraternity, would engineering design, procurement, including testing and
have thought and believed physical construction, testing and commissioning and operational
that a small group of Malaysian commissioning, and the crucial readiness and transfer from the old
professionals would have been able airport operational readiness and airport in Subang,
to deliver successfully The KL transfer exercise, ● First ever airport to successfully
International Airport (KLIA) project ● Two years into the project, a develop, design and implement a
to the Government of Malaysia seven sudden fundamental shift in the fully integrated IT airport
years from the word ‘go’. project’s organisational and management system,
Touted as one of the most procurement approach was made ● No major operational breakdown
architecturally beautiful and – from a contractor-driven on opening day except a minor
sophisticated airport in the world, the design and build turnkey to a glitch on the baggage handling
profoundness of this achievement client-driven total project system (BHS),
would be more overwhelming if the management approach, ● From a submitted estimate of
following considerations are taken ● 205 different contract packages RM20 billion design and build
into account; running concurrently on a 7850 turnkey contract without time
acres 1st Phase development site, completion guarantee, the project
● A green field 25 million passenger with 130 million metres of earth estimate was reduced to RM11
per annum 1 st Phase airport moved; two 1.1 km tunnel BHS billion on the same scope with full
development on a generally peat connecting tunnel; 200,000 commitment on time completion
soil, palm oil plantation and square metres of granite by KLIA Berhad – a newly setup
secondary forest site, flooring; 18,500 km fibre optic Malaysian run Minister of
● Seven-year completion from cables laid; 30,000 workers at Finance Inc company given the
initiation to site study and peak from 50 different countries; task to implement the project in
selection, Masterplan and to name a few, late 1993.
T H E I N G E N I E U R 50
feature
June 28, 1998, was the KLIA
inaugurated date declaring the airport
officially opened to commercial
operation. It was also a date where
Malaysians realized that through
proper and effective usage of project
management knowledge and skills
large, scale and complex projects can
be completed in time and within cost
without sacrificing architectural
beauty, functionality and quality. It
was also a date that showcased to the
world, Malaysian professionals’
strength and capability in the field of
project management and construction difference between the two lies in the members to work in a goal-orientated,
management. breadth and depth in term of disciplined, and team-working
Since then, this small group of complexity of scope and scale. In as environment to achieve project
Malaysian professionals, through its far as the life cycle is concerned, every performance.
present flagship company KLIA project goes through almost the same Project management is a science
Consultancy Services Sdn Bhd (KLIA stages, phases and related work in that it relies on proven and
Consult), has continued to utilize the processes. Furthermore, the repeatable processes and techniques
great benefits of project management characteristic of a project will not to achieve project success. It is an art
in handling large-scale Government change whether a formal project because it also involves managing
projects. Amongst them are; management processes is used or not. and relating to people, and requires
What changes is how events and the project manager to apply intuitive
● airport, issues are dealt with effectively and skills in situations that are totally
● dam, water treatment plant, and efficiently while the project is in unique for each project. A good
solid waste treatment plant, progress so as not to jeopardize the project management methodology
● railway and monorail, targeted project objectives in time, provides the framework, processes,
● highrise office building complex, cost, and quality. All projects will guidelines, and techniques to manage
● integrated transport terminal, certainly face issues, potential risks, the people and the workload. A good
● integrated transport information conflicts, and uncertainties caused by methodology increases the odds of
system, lack of or indifferent flow of project being successful and therefore
● university campus, and information, which if not dealt with provides value to the organisation, the
● hospital. properly, systematically, and timely project, and the project manager.
will increase the risk of project failure. The biggest value proposition for
From these experiences, several It is a question of doing the wrong project management, particularly in
important aspects that need to be thing right as against doing the right managing large-scale complex time
given serious effort to ensure that thing wrong. Even doing half right bound projects, relates to the way
large-scale projects achieve the of what is wrong from the outset may project organisation and the team
desired performance and success are: save the project from total failure. members execute the following set of
Modern Project Management has project implementation methodology:
● The need for effective project evolved to specifically deal with these
management on both Client/ kinds of situation. It is essentially ● Communicating and managing
Owner and Contractors about ensuring that a project will expectations with clients, team
organisation – knowledge, succeed in meeting the client’s set members, and stakeholders more
experience and competency objective/s. It is an organisational effectively.
● Managing large-scale projects is management approach and
about managing complexities – methodology that provide the Many problems on a project can be
work content and work processes framework and system with avoided with proactive and multi-
● Strategic project planning is key guidelines, processes, procedures, faceted communication. In addition,
to control tools and techniques to manage the much of the conflict that arises on
● Good leadership is vital for success workload, the people, and a project is not the result of a specific
organisation/s involved in the project. problem, but because of surprises.
Projects And Project Management Its approach is also much about Standard methodologies always
intuitive, managerial, and humanistic focus on formal and informal
Projects are projects whether they skills to mobilize the energies of communication, which results in
are small or mega in scale. The diverse and multi-disciplinary team fewer surprises.
T H E I N G E N I E U R 51
feature
● More focus on metrics and fact- ● Resolving future risk before the project success metrics. In
based decision-making. problems occur. addition, both of these aspects of
competency must at the same time
One of the more sophisticated All project management be matched with the required level of
aspects of project management methodologies have processes in competency in the various technical
methodologies is that they provide place to identify and manage risks. disciplinary fields to enable the right
guidance to make it easier to Risk management will result in planning, problem-solving and
collect metrics (measures). Metrics potential problems being decision-making.
give you information that helps identified and managed before the In the final analysis, the sum of
you to determine how effective problems actually occur. the level of competencies of the
and efficient your team is individual team members and project
performing and the level of the Nevertheless, it is important to be management organisation in the
quality of your deliverables. aware that by putting up a project ‘know what’ and the ‘have what’, and
management system and ‘know how’ of the technical
● Improved work environment. methodology will not necessarily lead disciplinary knowledge will ensure
to project performance if the project project issues are being address in a
If the project is well planned and management culture within the proactive, systematic and timely
performs accordingly the work project organisation and team manner. When an organisation
environment improves member level of project management develops this project management
tremendously. Clients will be more knowledge and practice is low and working culture, one that is
willing to provide additional inadequate. Project success also has characterized with team-working,
support, project team members to do with the level of competency of process and goal-orientated,
will take more ownership of the individual team members in the discipline, problem-solving, and
project, morale will be better, and ‘know-what’ (project management decision-making traits, the odds for
the project team will behave with body of knowledge, disciplinary a project to perform and achieve
a greater sense of professionalism knowledge) and the ‘have what’ success will be very much increased.
and self-confidence. (experience-know how, humanistic/ Figure 1 and Figure 2 depict the
soft skills). The level of competency concept and role of project
● Resolving problems more quickly. is very much dependent on the level management in the construction
of exposure and capability of the industry and how the project
On many occasions, some team project manager and members in his management organisation on the
members spend too much time and project organisation (these are the client/owner work side by side with
energy dealing with problems know who) in utilizing the ‘know- the contractor’s construction
because they do not know how to what’ and ‘have what’ specific to the management organisation to realize
resolve the problems to begin with. project external and internal and make sure project objectives and
Having a proactive issue environment requirements to match goal are achieved.
management process helps
ensure that problems are
resolved as quickly as
T
possible.
T H E I N G E N I E U R 52
feature
WHAT
Client
Contractor
Construction Management
Project
Management Organisation
HOW
Construction
Client
Industry
Project Management Lead
Consultant
Organisation
Disciplinary
Consultants
PD/PM
Client Main Contractor & PM Org.
Sub-Contractors
Both organisation
PD/PM PD/PM
PM Org compliment to work towards Contract Org.
Project objectives
Planning & Quality Cost Design Dev. Planning & Quality Cost Design Dev.
Cotract HSSE Cotract HSSE Engineering
Integration QA/QC Engineering Integration QA/QC
Risk Risk (Consultants)
Construction Management
&
Supervision
Managing Mega Project Is About conflicts. The same goes for In mega projects, every effort must
Managing Complexities availability and management of be given to the task of identifying and
resources, funding and cashflow. As addressing the occurrences of issues
The term “mega” denotes long as there is a proper and effective and conflicts at the outset and during
something that is huge – size, scale, monitoring and control mechanism the implementation phase with the
scope, requirements, money, put in place, a proper and disciplined aim to reduce them to the minimum.
functionality, form, technical, etc., organisation, competent and In particular, difficulties are prone to
which in turn conjures the various knowledgeable personnel to keep arise out of the issue of procurement
contention of difficulties one will face things in hold, good leadership, and and contractual obligation vis-à-vis
to get the project completed and good contractors and consultants, work execution; work packages
achieve the desired “value” outcome one can expect the project to perform integration and interfacing;
in time, cost, and quality. considerably well. communication and information flow
In the managerial sense, it In managing mega projects, time vis-à-vis decision-making;
concerns the issue of acuteness of the is a luxury one could not afford. organisational issues vis-à-vis
span-of-control to affect effectiveness With time as one of the core resource adequacy, teamwork, and
in controlling the various types and objectives of a project, even a simple commitment level. All of these have
level of on-going planned project project may become more complex a high potential to adversely affect
events and activities so that they to deliver. For a mega project, the time, cost, and quality output.
perform to the desired technical, bigger the scale and size of the It is the task of the project
quality, sequence and time project the more complex the work planner/s together with the project
requirements. processes gets and a slight delay in team members to pierce through the
In construction, the issue of span- one component of the project will maze and come out with the necessary
of-control of the multitude of project have an exponential knock-on effect strategies, plans, and system of
activities is relative to the aspect of to the other project components. An control.
“time”, which in turn influence the oversight on one component on any The planners need to analyze the
level of risks the project faces. When aspect of the work requirement can whole macro and micro project
time is not a factor to do the things result in the other components to be delivery processes in detail (see
you want to do, no matter what the reviewed and reworked. In projects, Figure 3 and Figure 4) to seek
scale and size, the issue of difficulty there are always potential issues and potential conflicts that constrain the
and complexity are rendered less conflicts along the way that if not delivery process. Interest of the
acute. Things can be done in a captured and addressed adequately project’s stakeholders need to be
relatively smooth step-by-step from the outset may well be the cross-checked and streamlined with
manner following each event and crucial blow to project progress and the competing demands coming from
work activity process with far less performance. the external and internal project
T H E I N G E N I E U R 53
feature
Shared Values
arises throughout project phases.
Strategy Critical Success Factors Once the planning exercise is
completed, project implementation
MGT Style Cultural behavior & strong traditions
plans which also includes the
Structure Roles, Responsibilties, Powers & Structure monitoring and control systems, must
How
environment to determine and complexities, the aspects on project ● Project implementation strategies
establish ‘what’ needs to be done organisation and information control in architectural and engineering
in what manner and ‘how’ will it (see Figure 4). Due to the different design concept and work
be done in order to meet the nature of work activities as the project approach; the most effective
predetermined project objectives undergoes different project phases, set procurement and contractual
i n t i m e , q u a l i t y, a n d c o s t . of requirements for the five control approach; funding and cost
Appropriate project strategy vis- elements also changes. The control management, quality assurance
à-vis the project’s critical success processes of these five control and quality control
factors needs to be established for elements need to be planned and implementation; most suitable
an appropriate project structure structured to correspond to the project organisation structure;
and management control system to requirements and complexity of work effective monitoring and control
be developed. content and activities in each and system; vis-à-vis the established
sometimes overlapping phases. project critical success factors.
Strategic Project Planning Is Key The planning process, as depicted ● Master work implementation
To Control in Figure 5, starts not just with the programme, schedules and work
project scoping and the project activities methodologies.
The essence of managing
complexities is about control and the
ability of the implementing
organisation to increase effectiveness
in its managerial span-of-control.
When the risks are high, the key to
Each Development Phase
T
risk management and control of the
project performance is effective must be Controlled to C
planning. This is to ensure plans that ensure the Project
are put in place effectively streamline Development is in Q
and offer quick responses to any accordance with the set O
conflicts and issues arising out of the Project END RESULT or Broad Plan for
subsequent Phases
competing demands from external GOAL I Detailed Plan & Approach
for next Phase
and internal parties. Project Result
The performance of managerial Controlling Aspects
control over the project to meet
project objectives and goals will be Each Phase will be subjected to Controlling Processes
largely dependent on strategies In
formulated to control not just planned Time, Cost, Quality, Organisation & Information
work activities duration, cost, and
quality but also, manage Figure 4: Elements in Project Control
T H E I N G E N I E U R 54
feature
resources at their disposal within a
realistic timeframe. They must
demonstrate that they are also good
managers and good leaders, with
Critical Success Factors strong will and focus that takes
responsibility for decision-making as
High Level Risk Estimation well team builders and integrators
providing all the opportunity for team
Formulate Project Strategies members to perform. A good
communicator and listener is sensitive
enough to the project organisational
Organisational Conditions
behaviour and the changes
throughout the project life cycle to
nurture trust and respect that will
inspire the development and creation
of self directed work teams.
It is through good strong
leadership and ‘managership’ that
team members and related parties
Figure 5: The planning approach
would be willing to go the ‘extra mile’
to meet the project objectives and
● Authority level and decision- style in formulating project goals. With good, efficient, and
making structure and protocols. organisational strategies alludes to the effective ‘stewardship’ of the whole
● Communication and information fact that different types of project project organisation, it will be highly
flow structure and protocols for require different types of inter- unlikely projects do not perform to
the whole project organisation – personal traits of the leader to lead meet objectives and goals to the
includes document management. the different levels of the project satisfaction of the client.
● Organisational, managerial and organisation. In addition, the different
administrative procedures. nature of task and activities CONCLUSION
● Risk management plan throughout the life cycle phases of the
project requires different type of Projects will be projects whether
All these plans must be developed, organisational structure that mega or otherwise. The difference
documented, and communicated necessitates different style of between them is their level of
during the initiation stage and further management. It also alludes to the complexity. The higher the level of
refined from feedback as the project different personality traits of the complexity the higher the focus,
progresses. The strategic role of the different category of personnel and attention, and effort needed during the
planners continues throughout the workers involved in the project to planning as well as the implementation
project in particular working with the execute the different nature of tasks stage. With time as a major deliverable
various contractors’ planners in and activities required in the life cycle and determining factor, to have control
making sure their work activities of the project. For these reasons, good over the entire work processes
WBS, sequence of work activities, and project leadership is at every stage of throughout the project life cycle is the
duration are coordinated with the the project. order of the day. To increase the level
master implementation programme. In mega projects, the diversity of of span-of-control over the project,
The planners are the custodian of the the project types, organisational highly effective approaches and
monitoring and control of all levels, and personnel and workers methodologies are needed. For this, the
development and site activities where involved is as diverse as the project modern project management approach
‘trouble-shooting’, re-strategizing, scope. With the numerous tasks to be has shown to be most versatile and
and re-planning are a continuous, accomplished by the various team effective to ensure project performance
constant and iterative process until members and other related parties, and success.
the project is completed. project leaders must foster a working Nevertheless, organisational
environment of active participation aspect is also a major determinant to
Leadership And The Human and minimize dysfunctional conflicts. project performance. Good and
Dimension In A Project They must have the ability and effective leadership and
capacity to attract willingness from ‘managership’ will inspire a highly
One of the aspects in project the project team and related parties efficient and effective working
management managerial framework to participate, be motivated, and environment and teamwork with a
as shown in Figure 3 is management committed to achieving the project’s single focus and the extra mile to
style. The importance of managerial vision, objectives and goals with the make the project a success. BEM
T H E I N G E N I E U R 55
engineering nostalgia
In between
Before
Today
T H E I N G E N I E U R 56