IA2.2 Outline the purpose of enforcement and laws of contract

Element IA2: Regulating health and safety

5.1 Unit IA: Managing health and safety

Aim of the unit

This unit provides learners with a thorough grounding in all major aspects of managing health and safety. It aims to prepare learners for a career in health and safety by providing them with the ability to apply their knowledge and understanding of health and safety management issues in the workplace. In addition, this knowledge and understanding prepares learners for the written question paper assessment in Unit IA and the practical application (Unit DNI) which will be carried out in their own workplace.

Learning outcomes

IA2.1 Describe comparative governmental socio-legal and regulatory models

IA2.2 Outline the purpose of enforcement and laws of contract

IA2.3 Explain the role and limitations of the International Labour Organisation in a global health and safety setting

IA2.4 Explain the role non-governmental bodies and self-regulation has in securing common health and safety standards in a global economy.

Content

IA2.1 Comparative governmental and socio-legal models

• The role, function and limitations of legislation as a means of promoting positive health and safety outcomes

• The nature, benefits and limitations of ‘goal-setting’ and ‘prescriptive’ legal models: - legal hierarchy of state and federal laws and their application to health and safety law

• Loss events in terms of failures in the duty of care to protect individuals and the compensatory mechanisms that may be available to them - compensatory schemes that allow individuals to seek restitution for damages ie, no fault liability and fault liability claims

- punitive damages – general, special and non-economic damages.

IA2.2 The purpose of enforcement and laws of contract

• The purpose of enforcement

• The principles of enforcement with reference to the UK HSE’s ‘Enforcement policy statement’ (HSE41): - proportionality of enforcement

- consistency of approach

- transparency

• Laws of contract: - definition of contract to include the terms written, verbal, express and implied

- the principles of typical laws of contract and their application to health and safety; the relationships between producer and vendor, vendor and consumer, client and contractor, contracts of employment and the binding nature of contracts.

IA2.3 The role and limitations of the International Labour Organisation in a global health and safety setting

• The role of the United Nations including: - the role of the International Labour Organisation (ILO) and International Labour Conference

- Status of ILO conventions and recommendations

• The roles and responsibilities of ‘International governments’, ‘enterprises’ and ‘workers’ as given in C155 Occupational Health and Safety Convention 1981 and in the publication R164 Occupational Safety and Health Recommendation, 1981

• How International conventions can be used as a basis for setting International systems of health and safety legislation ie, Occupational Safety and Health Convention and Recommendation (C155 and R164 respectively) and Promotional Framework for Occupational Safety and Health, 2006 Convention and Recommendation (C187 and R197 respectively).

IA2.4 The role of non-governmental bodies and health and safety standards

• Examples of relevant influential parties (employer bodies; trade associations; trade unions; professional groups (eg, IOSH, ASSE, Board of Certified Safety Professionals); pressure groups, public etc, and their role in influencing health and safety performance

• The importance of print, broadcast and social media in a global economy and their role in changing attitudes to health and safety

• The benefits of schemes which promote co-operation on health and safety between different companies eg, supplier auditing, good neighbour schemes

• The possible adverse effects on a business’s reputation due to stakeholder reaction to health or safety concerns

• An organisation’s moral obligations to raise standards of health and safety within their supply chains

• The meaning of ‘self-regulation’ and the role and function of corporate governance in a system of self-regulation

• How internal rules and procedures regulate health and safety performance.

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