HEALTH AND SAFETY REGULATION AND PRACTICE

SHE Level 2
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M2N622981
Module Leader Gibril Njie
School School of Computing, Engineering and Built Environment
Subject Construction and Surveying
Trimester
  • B (January start)

Summary of Content

This module aims firstly to contextualise the students' understanding of the Scottish legal system and the sources of law. Secondly, to introduce the student to the main principles governing the duty of care in the workplace including delictual liability and statutory duties as they affect the consequences of negligence and business liability - with particular emphasis on the principles which are relevant to the management of health and safety in the work place. The students will develop problem solving skills and will be able to examine case studies involving this area of the law, regulations and appreciate the legal issues in application to business practices. This will allow the student to apply the relevant principles of health and safety management to ascertain the potential liability of stakeholders.

Syllabus

-360 1. Sources of Law - in the specific context of the Law of Health & Safety 2. Criminal, Civil and Common law. 3. Powers and Duties of Inspectors. 4. Delict and duty of care. 5. European and UK Health and Safety Law 6. Health, Safety at Work etc. Act, 7. Management of Health and Safety Management Regulations 8. Health and Safety Regulations, ACoP's and Guidance. 9. Statutory Liability and Strict Liability. 10. Employment Law. 11. Equality

Learning Outcomes

On completion of this module, students should be able to:- understand the role of Courts and Tribunals in enforcing best health & safety practice ;- understand the application of legal principles and rules in a workplace relevant context;- apply problem solving techniques to the resolution of potential civil liability issues affecting business organisations and individuals arising out of contractual and delictual liability ;- apply problem solving techniques to the minimisation / mitigation of sanctions for criminality in the context of breach of Health & Safety Law - demonstrate and understanding of the basic principles of particular forms of business liability, namely: - liability arising from the use of business property, - the liability of occupiers of dangerous premises, - the liability of professional persons and the liability of employers for the health and safety of their employees.-A contextualised understanding of Regulations, ACoP's, and Guidance.-Health and Safety implications of Statutory Liability for a company.- Consider the potential criminal liability of employers and others involved in the workplace by examining in detail the legislation on health and safety, - Contextualise the specific law of occupational, health and safety law with the general body of consumer safety law and employment protection law. - interpret the Law of Equalities in the content of Health & Safety in the workplace. - interpret and critically analyse the relevant law in a workplace context.

Teaching / Learning Strategy

The module will be delivered via a combination of lectures, seminars, directed and independent learning. The module will be fully supported by GCGLearn through which Independent Learning or Directed Study will be fostered and will incorporate problem solving methodologies and case study analysis. The ethos will be to promote and embed workplace relevant skills within a variant of an established teaching and learning technique known as "Problem Base Learning". Students are encouraged to critically appraise the research publications, relate the methods described to good practice guidance, and evaluate practical implications of the outputs. This allows the students to think of their own challenges in research terms and prepares them for future dissertation work.

Indicative Reading

Lewis, Joan- Employment Law and Occupational Health: A practical handbook. Busby Clark & Others - A Student Guide to Scots Law - 3rd Edition, published 2006 Stranks, Jeremy: Health and Safety Law - 5th Edition, published 2005 Recommended reading: Selwyn, The Law of Health and Safety at Work, published 2008 Susan Fink, Mason's Guide, Health & Safety Law for the Construction Industry, Thomas Telford Publishing, 1997 Channing, John- Safety at Work: 8 th Edition, Published 2013. William Stewart, Delict, W. Green, 1998, 4th Edition, published 2004 J.M. Thomson, Delictual Liability, 4 th Edition, published 2009 Britain's Legal System, HMSO Publication MacQueen and Willock , The Legal System of Scotland: Cases and Materials, 5 th , Published 2013 HSE Guidelines and Circulars (accessible on HSE website) Craig & Miller Employment Law in Scotland (3rd Edition), published 2004.

Transferrable Skills

Self-Management: The ability to manage your own learning development is acquired through the range of directed learning activity in the module. Learning Skills: The ability to learn effectively and be aware of your own learning strategies is acquired through the use of the library and online sources of information in preparation for seminars and coursework. Communication: The ability to express concepts and opinions with clarity and confidence to a variety of audiences and for a number of different purposes is acquired through the preparation of material for case studies and the requirement to make written and verbal presentations at seminars. Group work: The ability to work productively in different kinds of group - formal, informal, project-based, committee-based, etc, is acquired through group based tasks within the seminars. Problem Solving: The ability to identify the main features of a given problem and generate strategies for its resolution is acquired in the context of legal problem solving which will be practised in class.

Module Structure

Activity Total Hours
Independent Learning (PT) 104.00
Assessment (PT) 60.00
Seminars (PT) 12.00
Lectures (PT) 24.00

Assessment Methods

Component Duration Weighting Threshold Description
Coursework 1 n/a 50.00 35% As the coursework is based on interpretation of health and safety Law, regulations, ACoPs, guidance recent case law and practice in a workplace context. (2000 words plus or minus 10%)
Exam (Exams Office) 2.00 50.00 35% 4 questions from 6