Leaders in Distance Learning

Professional Diploma in Health and Safety Law

Course synopsis

During the course of this programme of study, the student will be introduced to the basic considerations of this area. It is intended that the student will be gain an overview of many of the major topics which require coverage at this introductory level. Students are strongly advised to work through each of the individual areas consecutively in order to allow their knowledge base to grow as necessary. Any attempt to move out of sequence is to be discouraged because this may cause unnecessary confusion.

Course structure

1. Introduction to Health and Safety Law: the legal sources.
2. Introduction to Health and Safety Law: the legal machinery.
3. Civil liability.
4. Vicarious liability and the statutory framework.
5. Discrimination in the workplace.
6. The role of common law and equity / review of the principal cases.
7. Criminal Law and the consumer.
8. European Law and the consumer.
9. The Human Element.
10. Management responsibilities.

Module 1 – the legal sources

Health and Safety law is derived from a number of very different sources. Some of them are comparatively old, for example Common Law liability, whereas others are very much more recent, for example the multitude of European directives with which we are continually subjected. The purpose of this module is to try to place the subject in its rightful perspective by providing an overview of the major sources.

Module 2 - the legal machinery

In module 1 we examined the sources. In this module we consider how they are put into action hence the need to consider the institutions and procedures in question. Therefore we look at the various courts, tribunals, forms of ADR and the types of action which may be appropriate to a particular case; for example criminal and civil procedures. We also consider the merits or otherwise of the system as it presently stands.

Module 3 – Civil liability

This is the first treatment of a substantive area of Health and Safety law and we will be considering the liability that an employer may incur should he fail in his duty of care under common law. Despite the age of this remedy, it remains a vital safeguard for the employee in the event of an industrial injury.

Module 4 – vicarious liability

In this module we consider situations under which the employer will be liable for wrongful and, often, potentially dangerous acts committed by his employees. Having done this, we consider the primary statutory provisions which relate to this area.

Module 5 - Discrimination

During the course of this module, we address the often distressing and harmful practice of discrimination in the workplace. We consider a whole range of areas which have been subject to legislative action both by our domestic Parliament and European sources of law

Module 6 – The role of common law and equity

The essence of this module is a review of the common law mechanisms coupled with an insight into the relevance of equity. Having completed this we then review some of the important cases within the syllabus area.

Module 7 – Criminal law and the consumer

This module provides an overview of consumer law provisions and how it is necessary to input criminalise certain activities within this area with a view to protecting the health and safety of the consumer. We consider a range of criminal offences coupled with their enforcement mechanisms.

Module 8 – European law and the consumer

In a similar vein to the above we look at the influence of European Law with regards to our safety as consumers. Students are required to draw their knowledge of both legal sources and mechanisms gained in earlier modules.

Module 9

During the course of this module we consider the implications for the human resource practitioner and how they can best seek to ensure that the major legal requirements are adhered to whilst still trying to ensure that the needs of staff remain a paramount consideration at all times.

Module 10

In this final module, we look at the major legal implications for management and some of the essential processes of which they need a basic awareness; for example, the dismissal process and accident investigation.

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