| CODE | ERL5001 | ||||||
| TITLE | Environmental and Occupational Health and Safety Law | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | 7 | ||||||
| ECTS CREDITS | 5 | ||||||
| DEPARTMENT | Environmental and Resources Law | ||||||
| DESCRIPTION | The study-unit would address Health and Safety both from an Environmental Health and Occupational Health and Safety Perspective. It would focus upon: - The nature, purpose, general duties and principles of obligations relating to civil liability with particular reference to strict liability as distinct from fault based liability in employer-employee relations; - The evolution of Maltese OHSL through the enactment of the Occupational Health and Safety (Authority) Act 2000 [Chap.424] as a crucial turning point: detailed analysis and application; - The application of subsidiary legislation under the OHSA Act relating to construction management; - The major principles underlying occupational health and safety law under Maltese law and EU law and how are these monitored and complied with Civil Court Judgements; - A critical analysis of court judgements regarding civil liability of employers towards their employees. The European Union - The Framework Directive - The Individual Directives Factories Ordinance 1940 [Chap.107] - repealed by the Occupational Health and Safety (Promotion) Act 1994 - [Chap.367] - repealed by the Occupational Health and Safety Authority Act 2000 - [Chap.424] Regulations [as amended] enacted under Chap.107 saved by Chap.367 and still in force by virtue of Chap.424:- Factories (Woodworking Machinery) Regulations 1949 Government Notice 787 of 1949 Dock Safety Regulations 1953 Government Notice 497 of 1953 Factories (Superintendence and Control of Plant) Regulations 1954 Government Notice 340 of 1954 Factories (Hoists and Lifts) Regulations 1964 Legal Notice 47 of 1964 Building (Safety) Regulations 1968 Legal Notice 96 of 1968 Steam and Hot Water Boilers Regulations 1976 Legal Notice 34 of 1976 Power Presses Regulations 1984 Legal Notice 25 of 1984 Factories (Health, Safety and Welfare) Regulations 1986 Legal Notice 52 of 1986 Occupational Health and Safety (Promotion) Act 1994 - Act VII of 1994 - Chapter 367 - repealed by Occupational Health and Safety Authority Act 2000 - Act XXVII of 2000 - Chapter 424 Study-unit Aims This study-unit aims to introduce students to the: - legal responsibilities involved in construction and project management; - legal obligations that ensure optimal health and safety conditions at the work place; - legal framework addressing pollution and waste prevention both during construction and when the project is in the operational phase. The study-unit aims to provide a practical overview on: - permitting requirements associated with occupational and environmental health and safety; - the comprehensive legal checklist to ensure prevention of accidents and environmental degradation during construction operations and the lifetime of the project. Learning Outcomes 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: 1. Understand the obligations of Construction managers under occupational and environmental health and safety law; 2. Fulfill the necessary monitoring and compliance requirements; 3. Anticipate the administrative and enforcement measures that must be observed; 4. Appreciate the interpretation and application of the law in day to day practice. 2. Skills: By the end of the study-unit the student will be able to: 1. Determine which steps to take to comply with applicable laws and policies; 2. Train subordinates on the skills required to ensure compliance with the applicable laws; 3. Identify shortcomings and risks; 4. Plan ahead in taking preventive measures to ensure regular monitoring and compliance control. Main Text/s and any supplementary readings The OHSA Act [Chap.424] Protection of Young Persons at Work Places Regulations 2000 Legal Notice 91 of 2000 Protection of Maternity at Work Places Regulations 2000 Legal Notice 92 of 2000 Occupational Health and Safety Appeals Board (Procedural) Regulations 2002 Legal Notice 10 of 2002 Work Place (Minimum Health and Safety Requirements) Regulations 2002 Legal Notice 44 of 2002 Work Place (Provision of Health and, or Safety Signs) Regulations 2002 Legal Notice 45 of 2002 Protection Against Risks of Back Injury at Work Places Regulations 2003 Legal Notice 35 of 2003 General Provisions for Health and Safety at Work Places Regulations 2003 Legal Notice 36 of 2003 Control of Major Accident Hazard Regulations 2003 Legal Notice 37 of 2003 [as amended] Regulations establishing a list of indicative occupational exposure limit values on the protection of the health and safety of workers from the risks related to chemical agents at work 2003 Legal Notice 120 of 2003 Minimum Requirements for the Use of Personal Protective Equipment at Work Regulations 2003 Legal Notice 121 of 2002 Regulations on the protection of workers from the risks related to exposure to carcinogens or mutagens at work 2003 Legal Notice 122 of 2003 Protection of Workers from the Risks related to Exposure to Asbestos at Work Regulations 2003 Legal Notice 123 of 2003 Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work Regulations 2003 Legal Notice 227 of 2003 Protection of Workers from Risks related to Exposure to Biological Agents at Work Regulations 2003 Legal Notice 228 of 2003 Protection of Workers in the Mineral Extracting Industries through Drilling and of Workers in Surface and Underground Mineral Extractinn Industries Regulations 2003 Legal Notice 379 of 2003. Work Place (Minimum Requirements for Work) (Confined Spaces and Spaces having Explosive Atmospheres) Regulations 2004 Legal Notice 41 of 2004 Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks arising from exposure to Noise) Regulations 2004 Legal Notice 185 of 2004 Work Place (Minimum Health and Safety Regulations for Work at Construction Sites) Regulations 2004 Legal Notice 281 of 2004 Work Equipment (Minimum Safety and Health Requirements) Regulations 2004 Legal Notice 282 of 2004 Selected Bibliography: Websites - www.justice.gov.mt - www.doi.gov.mt - www.osha.org.mt Bibliography - Employer's Liability towards his Employees and Third Parties - George Hyzler Doctorate of Laws Thesis - University of Malta - 1979 - The Law Relating to Health and Safety at Work - Joseph Zammit McKeon Doctorate of Laws Thesis - University of Malta - 1981 - Recent Developments in Occupational Health and Safety Law Pauline Debono Doctorate of Laws Thesis - University of Malta - 2004 - Bibliography quoted in the above theses Social Europe European Commission - 3/1993 - Health & Safety - The Law James Jackson - The New Commercial Publishing Company Ltd. - 1979 - Health and Safety Law B Barrett and R Howells The M & E Handbook Series - Longman - 1993 - Occupational Health and Safety Law: Text and Materials Second Edition - Brenda Barrett & Richard Howells Cavendish Publishing Limited - 2000 |
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| STUDY-UNIT TYPE | Lecture and Seminar | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Mario Delicata Antoine Grima Neville Paris Henriette Putzulu Caruana Louise Spiteri |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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