2016/17 Taught Postgraduate Module Catalogue

CAPE5550M Fire and Safety Law

15 creditsClass Size: 30

Module manager: Professor G E Andrews
Email: profgeandrews@hotmail.com

Taught: Semesters 1 & 2 (Sep to Jun) View Timetable

Year running 2016/17

Module replaces

PEME5570M Fire and Safety Law

This module is not approved as an Elective

Module summary

Part A: General Safety LawPart B: Fire Safety LawPart C: High Hazard Proceses, Dangerous Substances and Explosion Safety LawPart D: Manslaughter and Negligence Law as it applies to Fire and Safety Cases

Objectives

The objectives are:
- To learn the structure of general European and UK safety law with case studies to show how it operates.
- To understand the modern fire safety law in new buildings and occupied buildings in the context of general European safety law.
- To learn the more specific safety law of high hazard operations, dangerous substances and explosions.
- Manslaughter, corporate manslaughter, the law of responsibility for fire spread, negligence law in relation to safety and fire case law.

Learning outcomes
- A detailed knowledge of the case law that illustrates how modern safety law operates.
- An understanding of the modern fire law in relation to new buildings and to occupied building fire safety law and its application problems.
- A detailed knowledge of the law in relation to specific industrial safety law as it applies to specific processes, dangerous substances and explosions.
- An understanding of the law of manslaughter that applies to deaths in industrial accidents, including the new corporate manslaughter law.
- The law of negligence as it applies to safety incidents, fire spread and to the fire service.

Skills outcomes
The skills outcomes are:
- Skill to apply the general law on Health and Safety in the Workplace and to work as a safety manager.
- Skill to apply the law in the design of buildings for fire safety and in their occupied use to apply the Fire Safety Order.
- Skill to apply the safety law for particular high hazard applications including COMAH and DSEAR.
- Skill to apply the law on negligence when death in a workplace occurs and to operate safety procedures to avoid Corporate Manslaughter occurring.

Syllabus

Part A: General Safety Law
Includes:
- Historical background - some major case studies and the lessons learnt - people die when safety management is inadequate. Hickson and Welch 1992, BP Texas City 2005, Buncefield 2005, Festival Fireworks 2006, Serveso 1976, Flixborough 1974, Kings Cross 1987, Piper Alpha 1988, Bhopal 1984, Concorde fire and crash 2000; Factories Act and the use of Licensing.
- Disaster led fire and safety law.
- Historical development of industrial safety law: the Factories Act 1961.
- The Roben's report 1972 - the self regulation approach to safety management without strict civil liability.
- The structure of Civil and Statutory (Criminal) Law.
- The common law of workplace safety with case studies.
- Civil liability and its exclusion from UK Health and Safety law but not EU law.
- The Health and Safety at Work Act 1974.
- The legal interpretation of 'so far as is reasonably practical' through case studies.
- Whistleblowers in safety cases.

Part B: Fire Safety Law
Includes:
- The Holroyd enquiry and the division in Fire Law between new and occupied buildings.
- The Building Regulations and Approved Document B 2006.
- The Fire and Rescue Services Acts (1947 and 2004).
- The historical development of Fire Safety Law and the problems in the UK of the implementation of the EU Workplace Directive in relation to General Fire Precautions in all workplaces.
- The Regulated Reform (Fire Safety) Order 2005.
- The Guidance to the Fire Safety Order 2006.
- Enforcement of Fire Safety Legislation - Mel Grice, ex. Deputy Chief Fire Officer, Devon.

Part C: High Hazard Proceses, Dangerous Substances and Explosion Safety Law
Includes:
- Specific Fire Hazard Guidance from HSE.
- 5 Steps to risk assessment HSG183 1998.
- The Safety Representatives and Safety Committee Regulations 1977; The Health and Safety (Consultation with Employees) Regulations 1996.
- Provision of Use of Work Equipment Regulations 1998; PUWER.
- Confined Spaces Regulations 1997.
- Pressure systems safety Regulations 2000.
- Pressure systems and transportable gas containers regulations 1989.
- Gas Safety (Installations and Use) Regulations 1994.
- A guide to the Gas Safety (Management) Regulations 1996.
- Lift Trucks in Potentially Flammable Atmospheres, 1996.

Part D Manslaughter and Negligence Law as it applies to Fire and Safety Cases.
Includes:
- Homicide.
- Manslaughter.
- Workplace fatalities and corporate killing.
- Corporate Manslaughter Law 2007.
- The Fires Prevention (Metropolis) Act 1774 and common law cases that show how this law on the responsibility for fire spread operates.
- Negligence - strict liability - Rylands v. Fletcher.
- Negligence law and its operation in safety and environment cases.
- The Bradford City Football Club negligence case.
- Digital equipment and other negligence cases relating to the Fire Service negligence.
- Negligence Tutorial - Prof. R. Everton.

Teaching methods

Delivery type	Number	Length hours	Student hours
Class tests, exams and assessment	54	1.00	54.00
Lecture	30	1.00	30.00
Seminar	1	3.00	3.00
Tutorial	1	3.00	3.00
Private study hours			60.00
Total Contact hours			90.00
Total hours (100hr per 10 credits)			150.00

Private study

The course presents extensive information on Fire and Safety Law and at least 2 hours private study for each hour of lectures in expected.

Opportunities for Formative Feedback

The course is intensive over one week and there is considerable verbal feedback from students on the course content. Attendance is always 100% during the intensive week.

Methods of assessment

Coursework

Assessment type	Notes	% of formal assessment
Essay	.	40.00
In-course Assessment	Open Book Exam - 48 Hours	60.00
Total percentage (Assessment Coursework)		100.00

Take the new RRO Fire Safety and its associated guidance: Summarize the changes from the previous fire safety law - comment on whether you think that these are good changes with your reasons. Summarize the guidance and compare in at least one case with the old guidance and with the guidance in the building regulations. Comment on the new law as it applies to Dangerous Substances and the overlaps if any with the HSE responsibilities. Comment on whether the new law has any new duties or burdens on industry. Discuss the new areas of applicability of the law - is it the case that these areas had no requirement for fire safety prior to the new law? The essay deadline is the first day back after the Easter break i.e Monday of the third term.

Reading list

The reading list is available from the Library website

Last updated: 14/04/2015

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