Module: Law of Safety & Health at Work

Module Specifications.

Current Academic Year 2024 - 2025

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Date posted: September 2024

Module Title	Law of Safety & Health at Work
Module Code	MT5108 (ITS) / MNA1039 (Banner)
Faculty	DCU Business School	School	DCU Business School
Module Co-ordinator	Caroline Mcmullan
Module Teachers	-
NFQ level	9	Credit Rating	5
Pre-requisite	Not Available
Co-requisite	Not Available
Compatibles	Not Available
Incompatibles	Not Available

None
Array

Description

The aim of this module is to ensure an understanding of: The basic principles of civil and criminal liability; the principal legislation on safety and health at work; some of the detailed Regulations in this area.

Learning Outcomes

1. Summarise and appraise the operation of the legal system in connection with safety and health at work
2. Explain the distinction between civil liability and criminal liability
3. Critique the principal features of the legislation on safety and health at work, including enforcement procedures
4. Consider the dynamics of change in the law, influenced in particular by EC/EU and international developments

*Type*	*Hours*	*Description*
Workload	Full-time hours per semester
Lecture	4	No Description
Independent Study	101	No Description
Total Workload: 105

All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml

Indicative Content and Learning Activities

1
Principal features of the legal system, including common law, statute law, court system and EC/EU principles of relevance to occupational safety and health

2
Civil liability: employer's duty of reasonable care; breach of statutory duty; vicarious liability; public liability; contributory negligence and other defences; effect of employment law, in particular Unfair Dismissals Act 1977

3
Development of legislation, including The Barrington Commission Report and the importance of EC/EU Directives as dynamic influence

4
General duties in the Safety, Health and Welfare at Work Act 2005 (and comparison with the Safety, Health and Welfare at Work Act 1989); criminal liability; reasonably practicable and absolute duties; effect on pre-2005 (and pre-1989) legislation, including Safety in Industry Acts 1955 and 1980

5
Safety statement and safety consultation

6
Enforcement powers of The Health and Safety Authority

7
Effect of technical standards, including ACoPs, IS, BS, EN, ISO, OELs, and product safety legislation

8
Specific Regulations (largely based on EC/EU Directives), including General Application Regulations 2007, Construction Regulations 2006, Chemical Agents Regulations 2001, and other legislation, including Dangerous Substances Act 1972; Fire Services Act 1981; Radiological Protection Act 1991; Organisation of Working Time Act 1997; Environmental Protection Agency Act 1992

Assessment Breakdown
Continuous Assessment	0%	Examination Weight	0%

Type	Description	% of total	Assessment Date
Course Work Breakdown
Essay	Individual Assignment	25%	Sem 1 End

Reassessment Requirement Type
Resit arrangements are explained by the following categories: Resit category 1: A resit is available for both* components of the module. Resit category 2: No resit is available for a 100% continuous assessment module. Resit category 3: No resit is available for the continuous assessment component where there is a continuous assessment and examination element.
* ‘Both’ is used in the context of the module having a Continuous Assessment/Examination split; where the module is 100% continuous assessment, there will also be a resit of the assessment
This module is category -

Indicative Reading List

Byrne, R: 2008, Health and Welfare at Work Law in Ireland, 2nd, NIFAST,
Redgrave: 2004, Health and Safety at Work, LexisNexis,
Barrett and Howell: 2003, Occupational Health and Safety Law, M&E Pitman,
Munkman: 2001, Employer's Liability, 14th, LexisNexis,
Wright: 1997, Law of Health and Safety at Work, Sweet & Maxwell,

Other Resources

None