MA-LLM Health and Safety Law and Environmental Law
ObjectivesUpon successful completion of the programme, students will be able to: -Expain and critically evaluate the principal legislation and case law relating to health and safety and the environment and understand its importance -Critically assess and evaluate the scope of legal duties of employers and others under health and safety law and environmental law -Critically assess the difficult issues concerning legal liabilities of employers and others including criminal liability and civil liability -Assess and evaluate some crucial legal issues in health and safety law and environmental law, e.g. protection of whistleblowers, risks associated with specific hazards and hazardous activities -Evaluate the importance of human rights in the context of health and safety law and environmental law -Explain and critically assess the current position of court remedies and sanctions in case of failure to comply with legal provisions -Demonstrate an awareness of current research methodologies and the ability to conduct individual research -Apply knowledge to difficult situations of significant legal complexity, analyse facts and produce well-supported conclusions in relation to them -The LLM programme also aims to equip participants with the necessary knowledge which will enable them to represent parties effectively before the courts or when pursuing or responding to an application before an Employment Tribunal.
Academic titleMA/LLM Health and Safety Law and Environmental Law
Course descriptionMA/LLM Health and Safety Law and Environmental Law
This distance-learning programme leading to the degree of Master of Arts /Master of Laws or Postgraduate Diploma in Health and Safety Law and Environmental Law addresses central issues for any industrialised society - the health, safety and welfare of its workers and the protection of the environment.
Health and safety law and environmental law are complex legal and regulatory areas, which must be seen in terms of both British and European Union laws and policies and considered in relation to cognate areas, such as employment law and industrial relations law and policy. Health and safety at work is the meeting place for several disparate disciplines, medicine, engineering, economics, management and the biological, physical and chemical sciences to name but a few. All of these areas experience the application of legal norms and provide the setting for addressing health and safety and environmental issues in today's society.
Established in 1999, the programme has been developed by highly qualified academic staff from Salford Law School to enable those who are involved in the field of Health and Safety Law, Environmental Law and associated policy areas to acquire advanced knowledge and to combine study with work.
Entry Requirements
For the degree of Master of Arts or the Postgraduate Diploma, applications are welcomed from candidates who hold a first or second class honours degree together with at least two years’ relevant experience in legal practice, personnel management, health and safety management, environmental management, employee relations or a related area.
For the degree of Master of Laws applications are welcomed from candidates who hold a first or second class honours degree in law or its equivalent, e.g. CPE/PgDip in Law.
Applicants who have not reached this standard but who have more than two years’ experience in the area may be considered for admission on the basis of individual merit. The admissions tutor will, in assessing applications for the course, take into account evidence of motivation and commitment towards study, as well as evidence of intellectual ability.
Applications will be welcomed from intending students from the United Kingdom and Eire, the other Member States of the European Union and overseas common law jurisdictions.
Study Programme
Programme Structure
The programme is structured around four modules and a dissertation. The taught section lasts twenty months and the dissertation a further seven months. The Postgraduate Diploma programme includes the same four modules structure and lasts twenty months.
Each of the modules lasts approximately twenty weeks and students are advised to study ten hours each week.
There are six teaching sessions during the taught part of the programme. The programme commences annually in September with a teaching session which will include an introduction to the programme and will aim to familiarise students with essential course reading, writing and research techniques session. Additionally there is a teaching session at the end of each module and before students commence their dissertations.
Programme Materials
Students will receive their modules containing distance learning materials during the teaching sessions. Each of the modules consists of a substantial tutor written set of notes including an introduction to a particular module and to every unit within the module, self-assessment questions; tutorial questions; and a set of associated reading materials. Each module includes aims and objectives and learning outcomes which students are expected to achieve. The tutor written notes provide essential information on the area of study and refer students to relevant documents which are either enclosed in printed form or which students are required to locate themselves by using legal databases and e-library available to them. The module notes are written in a style which is designed to attract the active participation of the students.
Teaching Sessions
The distance learning aspect is combined with six teaching sessions during the course of study. Students will have the opportunity to listen to lectures, to participate in tutorials, to meet with their tutors and seek guidance on their dissertations. Please note that separate tutorials will be held, and different tutorial questions will be set for students studying for the MA and LLM degrees. During the teaching sessions, special emphasis will be given to the practical application of the material studied. Students will have the opportunity to participate in case studies, discussions and other exercises.
Attendance at, and proper preparation for, these sessions is strongly recommended for all students, who will be expected to attend a minimum of three such events.
The teaching sessions are held at the University of Salford at approximately four monthly intervals throughout the taught part of the course. During the summer period students are given four extra weeks for holidays.
Student Support
Distance learning is a method in which students must read, learn and assimilate the material at their own pace. In order to facilitate in this process the School provides students with additional learning facilities. Students will be provided with access to web-based legal databases including Lexis Nexis Butterworths, Westlaw and Lawtel.
Students will be encouraged to use Blackboard as a significant aid to their studies. Online legal research tutorials will be provided for the students. A discussion board will be available to the students where they can discuss issues amongst themselves and with the programme tutors.
Students will also be able to contact tutors by telephone, fax, and e-mail.
Assessment
Assignments
The programme is based upon the principle of continuous assessment rather than formal examinations. Students will be required to complete an assignment of not more than 6,000 words at the end of each of the four modules. Assignments will be based on a selection of questions covering the module units and in addition to essay-type questions, students may be required to prepare case analyses, legal advice to hypothetical case scenarios or write reports.
Assignment questions will normally be issued approximately one month prior to the teaching sessions, where students are provided with further guidance and specific advice. Please note that LLM assignment questions will have a significant legal orientation.
The assignments are anonymously marked and double-marked by different tutors and then are moderated both internally and externally to ensure consistency throughout the group. Students receive individual paper-based feedback within six weeks of the submission date. The tutors then hold a group feedback session for all students at the subsequent teaching session.
Once the four assignments have been successfully completed to the required standard, students will be entitled to proceed to the dissertation stage.
Dissertation
A dissertation of 15,000 – 20,000 words must be submitted for both the degree of Master of Arts and the degree of Master of Laws. Students will begin to work on their dissertation following the completion of the fourth assignment in May of the second year of the programme. It is expected that dissertations will be completed in December of that academic year but an extension may be granted.
The dissertation will be supervised by an appropriate member of the academic staff and is expected to comply with the normal academic criteria for postgraduate work. Students will be encouraged to begin the process of selecting an appropriate topic before the end of the taught component of the programme and the last teaching session will be specifically dedicated to the dissertation stage where students will have individual meetings with their supervisors who will provide assistance with the selection of a suitable research topic as well as with research techniques and methodology. Thereafter students and supervisors will be expected to arrange regular communication, consultation and meetings where possible.
Programme Content
Year 1
Module 1 – Core
MA Degree - Foundation Module and Introduction to Industrial Safety Law and Environmental Law
The aim of this Module is to explore the nature, development and sources of English law; examine the legal principles and procedures relating to the enactment and interpretation of domestic and European inspired legislation and the role of the courts in the evolution of the law; consider various philosophical theories underpinning the development of health and safety law and environmental law; explore the impact of the international principles and regulation on the development of occupational health and safety law and environmental law at the European and national levels; and emphasise the over-arching importance of the European Union regulatory framework relating to the occupational health and safety and environment.
Unit 1.1 Legal Systems and Sources
Unit 1.2 Philosophy of Health and Safety Legislation and Environmental Legislation
Unit 1.3 Industrial Safety Law: The International and Supra-National Regulatory Framework
Unit 1.4 Environmental Law: The International and Supra-National Regulatory Framework
LLM Degree – Foundation Module and Introduction to Industrial Safety Law and Environmental Law
The Module aims to develop a broad knowledge and conceptual base of the foundations of the legal order in British industrial safety law, philosophical influences on the development of various statutory codes and the impact of international and European Policies on the development of British health and safety law and environmental law.
Unit 1.1 Philosophy of Health and Safety Legislation and Environmental Legislation
Unit 1.2 Industrial Safety Law: The International and Supra-National Regulatory Framework
Unit 1.3 Environmental Law: The International and Supra-National Regulatory Framework
Unit 1.4 New Approaches to Workplace and Environmental Regulation
Module 2 – Core (Weeks 18-32)
MA/LLM Degree - UK Industrial Safety Law
This Module aims to examine and explore the development of the UK health and safety law and its modern regulatory framework; the general duties of employers and others under the UK health and safety primary and secondary legislation; duties and powers of enforcement bodies under the health and safety legislation and enforcement of health and safety law in practice; individual and corporate liability for occupational health and safety offences; workers’ health and safety and other relevant rights and protection under employment laws; and discuss human rights in the context of health and safety law and worker’s rights of participation, information and social dialogue.
Unit 2.1 Introduction to UK Health and Safety Law: The General Duties of Employers and Others;
Unit 2.2 Enforcement of Health and Safety Law;
Unit 2.3 Individual and Corporate Criminal Liability;
Unit 2.4 Employment Rights of Workers (Working Time, Protection of Whisteblowers);
Unit 2.5 Human Rights, Participation, Information and Social Dialogue.
Year 2
Module 3 – Core (Weeks 34 – 48)
MA/LLM Degree - Environmental Law
The Module aims to consider and explore the development of modern environmental law in the United Kingdom with specific reference to civil liability under common law and European legislation; the basis and scope of the UK environmental regulatory framework; particular sectors of control of environmental pollution, including air, water and integrated control of major polluting activities; duties, powers, policies and practices of enforcement authorities under environmental law; UK town and country planning law in the context of British environmental law and policy; and discuss the role of the public in planning and environmental decision-making
Unit 3.1 Environmental law: Civil liability
Unit 3.2 Introduction to the UK Environmental Regulatory Framework and Regulation of Sectoral Pollution Control (Air, Water and Integrated Control of Major Activities)
Unit 3.3 Enforcement of UK Environmental Law
Unit 3.4 Planning law
Unit 3.5 Public participation and access to environmental justice
Module 4.1 – Option 1 (weeks 1-15)
MA/LLM Degree - Civil Redress and Statutory Compensation
This Module will explore in greater detail the legal significance of civil redress to employers, the State and employees following health and safety breaches in the workplace; examine the insurance, compensation and social security systems which underpin British health and safety law; analyse the importance of the employer-employee relationship to health and safety at work; and evaluate the legal principles, case law and procedures relating to civil liability and compensation which are an integral part of health and safety law.
Unit 4.1.1 Employers’ Liability 1
Unit 4.1.2 Employers’ Liability 2 including Civil Procedure
Unit 4.1.3 Social Security: Industrial Accidents
Unit 4.1.4 Social Security: Industrial Diseases
Unit 4.1.5 Remedies
Module 4.2 – Option 2 (Weeks 1 – 15)
MA/LLM Degree - Regulation of Occupational and Environmental Hazards and Hazardous Activities
This Module aims to examine and explore in greater detail the existing legal framework relating to the regulation and control of occupational health hazards; specific health and safety regulations and duties and liabilities of those to whom these regulations apply; areas of law which regulate noise pollution, their enforcement and practical application; and consider in greater detail the law, its enforcement and application, relating to waste management and contaminated land.
Unit 4.2.1 Regulation of Occupational Health Hazards
Unit 4.2.2 Prosecution under Specific Health and Safety Regulations
Unit 4.2.3 Regulation of Noise Pollution
Unit 4.2.4 Waste Management
Unit 4.2.5 Contaminated Land Management