Ingenieur Vol 78 ingenieur 2019 apr (2) | Page 78

INGENIEUR proceedings in the respective Boards are empowered by an Act of the Parliament and Investigating Committees are to be totally independent and their findings cannot be changed by any other parties. Furthermore, Disciplinary Committees are constituted according to the law to conduct hearings on professional misconduct. Legal counsels can accompany respondents in a hearing and all charges are made known to them for their defence. Those found guilty of misconduct have the avenue to appeal to the Appeal Board if so desired by the respondents. So why is there a need for another independent complaints body? LA has asked for and the submission for their consent has been made then it is deemed approved if no response from the LA officer is forthcoming within 14 days. The SP can proceed to sign off the relevant Form G. PSPs encountering problems with any LA imposing their own rules are to report to BEM for further action. 4. NEED FOR LAs TO RESUME LIABILITY There is no need to delve further into this issue of LA resuming liability as they were never liable in the first place. Trying to put liability on the LA is a futile effort and this thought should be dismissed immediately. 5. URGENT NEED IN SETTING UP OF A TASK FORCE 6. CONCLUSION DPSR has not presented a convincing case to dismantle the CCC regime and revert to the CFO regime. The few cases presented by him will still be there with or without CCC. There may have been some problems in the implementation of CCC but these have been resolved through constant reminders, roadshows, Frequently Asked Questions (FAQ), education, dialogues with authorities and disciplinary actions. The CCC process is still under control and has improved over the years of implementation with better understanding by all stakeholders on what must be done. The benefits of having CCC are manifold such as:- a. Faster CCC issuance as compared with CFOs. b. The matrix of responsibility with the use of Form Gs has identified and held all parties in the project accountable for their actions. c. Fraudulent Engineers, contractors and tradesmen have been uncovered with the issuance of Form Gs. d. There is greater recognition of the role being played by the PSP (Engineers and Architects) to assist the nation in moving forward. e. The introduction of CCC as self-certification has helped the nation to improve the ‘ease of doing business’ ranking by World Bank. a. There is no need to set up a task force as there is no need to revert to the CFO regime. b. DPSR should raise the issue of regulating individuals on the contractors side with CIDB. The CIDB Board is well aware of the constant requests from the professional side since CCC inception that individually named contractors who are site agents and not corporations should be held accountable for their actions in construction projects. It is difficult to blacklist a non- performing contractor company as their directors can easily close the company down and open another one to circumvent any blacklisting. c. There is also no need for independent complaints body as the Engineer Board and the Architect Board are regulatory bodies constituted by Acts of Parliament. It is their statutory duty to act independently to hear any complaints and discipline Engineers or Architects respectively. DPSR’s assertion that these disciplinary actions are internal processes and hence cannot be trusted is a fallacy. This is unlike a disciplinary staff proceedings in a company. These disciplinary 6 76 VOL 2019 VOL 78 55 APRIL-JUNE JUNE 2013