BEM PCE Part A Common Paper flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Paramountcy of public safety

The engineer's foremost ethical duty is to protect the safety, health and welfare of the public, overriding obligations to clients or employers when the two conflict.

Conflict of interest disclosure

Any financial or personal interest that could bias professional judgment must be disclosed in writing to the client and employer before the engagement is accepted.

Engineers Act 1967 purpose

Act 136 establishes the Board of Engineers Malaysia and provides for registration, regulation and discipline of engineers and engineering firms in Malaysia.

Unregistered practice offence

Under section 15 of the Engineers Act 1967, practising or holding out as an engineer without valid registration is an offence punishable by fine and/or imprisonment.

Professional Engineer registration

Requires a recognised engineering degree, a minimum period of practical experience, a professional interview and a competency assessment by the Board of Engineers Malaysia.

CPD requirement

Registered engineers must accumulate the prescribed continuing professional development hours each year; records are subject to audit and renewal of the practising certificate depends on compliance.

Disciplinary inquiry procedure

The Board investigates a complaint, constitutes an inquiry committee if a prima facie case exists, gives notice and a hearing, then may caution, suspend or cancel registration.

Natural justice in discipline

The engineer must be informed of the case, have access to the evidence, and be given a fair opportunity to respond before any disciplinary sanction is imposed.

Essential contract elements

A valid contract requires offer, acceptance, consideration, intention to create legal relations, capacity, legality and certainty of terms.

CIPAA adjudication

The Construction Industry Payment and Adjudication Act 2012 provides statutory adjudication for payment disputes, allowing a fast interim decision enforceable pending arbitration or litigation.

Negligence elements

A negligence claim requires a duty of care, breach of that duty, causation of damage in fact and law, and damage that is not too remote.

Professional standard of care

An engineer is judged against the ordinary skilled engineer exercising reasonable care in the same circumstances, not against a standard of perfection.

OSHA general duties

The Occupational Safety and Health Act 1994 requires employers to ensure the safety, health and welfare of employees and others affected by the undertaking so far as reasonably practicable.

EIA prescribed activities

Under the Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 2015, listed activities require EIA approval before construction may commence.

CIDB contractor registration

All contractors must register with the Construction Industry Development Board and hold a valid certificate; grades G1 to G7 limit the contract value they may undertake.

CIDB levy

Contractors pay a levy on the contract value of construction projects to the Construction Industry Development Board; failure to pay the levy is an offence under the CIDB Act 1994.

Consultancy agreement contents

A written consultancy agreement should state scope, deliverables, fee basis, payment terms, liability caps, insurance and dispute resolution to allocate risk clearly.

Professional indemnity insurance

Insurance covering negligent acts, errors and omissions in professional services; the limit and exclusions should be disclosed to the client and matched to project risk.

Sustainable development definition

Development that meets the needs of the present without compromising the ability of future generations to meet their own needs, balancing environmental, social and economic pillars.

Green Building Index

A Malaysian green building rating system that assesses energy efficiency, indoor environmental quality, sustainable site planning, materials, water efficiency and innovation.

Whistleblowing escalation

Report unsafe or illegal engineering practice internally first; if unresolved, escalate to the Board of Engineers Malaysia or the relevant regulator, keeping a written record.

Practising certificate

An annual certificate issued by the Board of Engineers Malaysia that authorises a registered engineer to practise; it is conditional on CPD compliance and fee payment.

Firm registration categories

Engineering firms may register as a sole proprietorship (Professional Engineer), a partnership (at least one Professional Engineer partner) or a body corporate with a Professional Engineer in management.

Disciplinary sanctions

The Board may caution, suspend for a specified period, cancel registration and/or impose a fine after a disciplinary inquiry finds professional misconduct established.

Liquidated damages

A pre-agreed sum payable for breach, such as delay; it must be a genuine pre-estimate of loss, otherwise it is an unenforceable penalty.

Contributory negligence

A defence that reduces the claimant's damages in proportion to their own share of responsibility for the loss suffered.

DOSH accident notification

Certain accidents, dangerous occurrences and occupational diseases must be reported to the Department of Occupational Safety and Health within prescribed times, such as 7 days for accidents.

CIDB green card

A registration card issued by the Construction Industry Development Board to site personnel who have completed the required safety and health training.

Design review and verification

Independent checking of calculations, drawings and specifications before issue reduces error, supports defensible decisions and is expected for complex or high-risk works.

Life-cycle assessment

A method that evaluates environmental impacts of a project or product across its whole life, from material extraction through construction, operation and end-of-life.

Caparo three-stage test

A duty of care in negligence arises where harm is foreseeable, there is sufficient proximity, and it is fair, just and reasonable to impose the duty.

Variation instruction

A change to the works must be instructed in writing by the contract administrator; valuation follows contract rates or reasonable rates where none apply.