Accredited level 3 Diploma in Health and Safety Law
‘It is health and safety gone mad!’ - this is one of the more common exclamations that we hear in everyday life. Whilst there may be some semblance of truth, the main aims of health and safety provisions are to protect the public and employees
This CIE accredited course gives students a practical introduction to the core legislative and regulatory sources in the area of health and safety. The course will cover legally imposed employer and employee obligations as well as common methods of enforcement by regulatory bodies. Particular attention will be paid to general standards of care imposed by the Health and Safety at Work Act 1974, as this is the main piece of government legislation in this area.
The course provides an introduction of general law principles, such as the court system, before moving on to explore elements of health and safety law in detail. It will provide a discussion of civil liability, including vicarious liability, as well as the way in which criminal and European Union law relates to the consumer or employee. The course concludes with the practical implications for the health and safety practitioner and management, making it an ideal course for employers and interested students alike.
Module 1 – Where does the law come from?
This module explores the many sources of health and safety law, ranging from an exploration of the common law to the governmental legislation that has been put in place over recent years. This will introduce the main piece of legislation for the course, which is the Health and Safety at Work Act 1974. Under Section 2 of this Act, employers have a duty to provide training for their employees to ensure, so far as is reasonably practicable, their health and safety at work. The course will also explore the influence of European Regulations and Directives on UK policy and case law.
Module 2 – Who helps enforce the law?
This module explores the court structure involved in enforcing health and safety law, as well as a discussion on employment tribunals and the use of alternative dispute resolutions. It also introduces the procedures which allows the courts to get involved, such as statutory notices. There is a discussion on the advantages and problems with the current health and safety legislation.
Module 3 - Civil liability
This module explores the common law offence of negligence; this is a situation in which an employer may become liable should he fail in his implied duty of care. Despite the age of this remedy, it remains a vital safeguard for the employee in the event of an industrial injury, and is one that is readily applied in tort cases.
Module 4 - Vicarious liability
In this module, we examine the situation in which the employer will be liable for wrongful and, often, potentially dangerous acts committed by his employees. There is a consideration of the primary statutory provisions which relate to this area, as well as a discussion on relevant case law which applies to this area.
Module 5 - Discrimination
This module explores the practice of discrimination in the workplace, and includes a discussion of the protective measures which may be applied under the Equality Act 2010. A range of other sources are examined, both domestic and European, and the way in which they may be applied to individual circumstances. This module will also involve an analysis of case law, and will explore examples of where the implied duty of mutual trust and confidence has been breached.
Module 6 - The role of common law and equity
The role of the common law in the area of health and safety law can not be overstated, especially when coupled with the concept of equity. Equity is a notion based on fairness and equality, and so the mechanisms by which equity can be employed will be explored. There will be an in-depth and engaging analysis of the important case law in this area.
Module 7 - Criminal law and the consumer
This is one of more popular modules, as it deals with the everyday occurrence of purchasing goods and services within the common market, and as such is relevant to a wide range of people. This module explores consumer law provisions alongside the range of criminal offences that can occur within this remit. It explores why it is necessary to criminalise certain activities in order to protect the health and safety of the consumer. Enforcement mechanisms, such as fines and court orders are also explored.
Module 8 - European law and the consumer
This role of the European Union in any area of law has been vast in the past few decades since the United Kingdom joined the Union; however, where its influence is most notable, is perhaps in the area of consumer protection. This module examines the influence of European Law with regards consumer safety, with discussions on the impact of various Directives, Regulations and Treaty Articles. European case law will also be discussed.
Module 9 - Implications for human resource practitioner
In the UK, everyone in the workplace is required to take sufficient and appropriate health and safety training. HSE guidance states that everyone who works for a company and who could be harmed needs to know how to work safely and without risks to health. This applies to all industries of work. In keeping with this being a practical course, the implications for the human resource practitioner will be examined, and how they can ensure that the major legal requirements, mentioned previously in this course, are adhered to.
Module 10 - Implications for management
This final module examines the legal implications for management.
The essential processes of which there needs to be a basic awareness will be discussed; for example, under Section 2 of the Health and Safety at Work Act 1974, employers have a duty to provide training for their employees to ensure, so far as is reasonably practicable, their health and safety at work. The dismissal process and accident investigation will also be examined.
It is suggested that students should 16 years of age and above, as the course can be demanding. However, the College is open to individuals who are able to demonstrate the required skills to complete the course.
Level 3 Diploma courses require a minimum prior learning to GCSE standard in order that students can manage their studies and the assumed knowledge within course content.
Approximately 20 hours per unit
How is the course assessed?
This course is assessed by two assessments; one situated half way through the course and one at the conclusion of your studies. Each assessment will consist of two or three tasks designed to test your understanding of the course content, as well as understanding the theoretical and practical implications of the legal system.
Diploma in Health & Safety Law
Online study materials to enable the student to successfully complete the Diploma.
You will be provided with individual support is provided by your personal tutor for the duration of the course (1 year).
Certification upon completion. All examination fees.