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Module Specifications

Archived Version 2013 - 2014

Module Title Law of Safety & Health at Work
Module Code MT5108
School DCUBS

Online Module Resources

Module Co-ordinatorDr Caroline McMullanOffice NumberQ104
NFQ level 9 Credit Rating 5
Pre-requisite None
Co-requisite None
Compatibles None
Incompatibles None
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



Workload Full-time hours per semester
Type Hours Description
Lecture4No Description
Independent Study101No 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 Assessment25% Examination Weight75%
Course Work Breakdown
TypeDescription% of totalAssessment Date
Reassessment Requirement
Resit arrangements are explained by the following categories;
1 = A resit is available for all components of the module
2 = No resit is available for 100% continuous assessment module
3 = No resit is available for the continuous assessment component
Unavailable
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
Programme or List of Programmes
GCSHGraduate Cert in Safety & Health at Work
PBSSAPG Exchange(Business School)
PBSSAOPG Study Abroad(Business School)
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