HEALTH AND SAFETY REGULATION AND PRACTICE

SHE Level 2
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M2N625496
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. 1. Sources of Law - in context including application of legal research techniques -360 2. 2. Legal system in context including Common Law concepts of Criminal and Civil Law 3. 3. EU and UK Policies as they apply to the Law of Health Safety and Welfare in the Workplace 4. 4. Delict and the Duty of Care in context -359 5. 5. The Health & Safety at Work Act 1974 in the specific duty of the General Duties -359 6. 6. Powers and Duties of Inspectors 7. 7. The Regulatory Framework governing Health Safety and Welfare 8. 8. Statutory and Strict Liability in the context of control of premises 9. 9. The provision of goods and services by traders 10. 11. Principles of the Law of Employment in context 11. 12. The Law of Equalities and Human Rights 12. 13. Problem Solving Techniques

Learning Outcomes

On completion of this module, students should be able to:1. understand the Legal System in the context of Workplace Management and be able to source the law according to need 2. understand the role of the Courts, the Tribunal Service and ACAS in the context of Management of Health, Safety and Welfare and be familiar with the principles of Best Practice in regard to the duty of care 3. apply problem solving techniques to the resolution of disputes centred on civil liability for the consequences of workplace negligence 4. apply problem solving techniques to the minimisation / mitigation of the consequences of criminal breach of the relevant law in the context of Health Safety and Welfare and fully understand the role of the Powers and Duties of Inspectors in that regard 5. analyse the potential liability of occupiers of premises arising from the presence of hazards and be able to identify the criteria which would support a "best practicable means" defence6. demonstrate a clear and contextualised understanding of the relevant Health & Safety Law, including Regulations and Approved Codes of Practice and be able to discharge the on-site management function in that regard - apply problem solving techniques in the workplace so as to address Employment Law issues as they arise in the context of Occupational Heath Safety and Welfare 7. contextualise Consumer Rights as they apply to Product Liability and the provision of Goods Services and Digital content 8. Interpret the Law of Equalities and Human Rights in the context of Health Safety and Welfare 9. in general, apply deductive reasoning to the resolution of workplace management issues in the field of Health Safety and Welfare so as to keep abreast of regulatory policy at a time of dynamic chang

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. Sean Crossan - Theory and Practice of Scots law - 3 rd edition published 2017 Stranks, Jeremy: Health and Safety Law - 5th Edition, published 2005 HSE website ACAS website SCOTCOURTS website Course materials include detailed lecture notes, problem solving guidelines and specimen case studies and these are loaded on GCUlearn and these are essential study materials

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 participate actively in workshops. 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
Lectures (PT) 24.00
Independent Learning (PT) 141.00
Assessment (PT) 23.00
Seminars (PT) 12.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 2.00 50.00 35% 4 questions from 6
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