The Prevention of Occupational Risks (21790)

Degree course: Degree in Labour Relations
Academic year: second
Term: third
Number of ECTS credits: 4
Student hours: 100

Syllabus

The Prevention of Occupational Risks forms part of the Degree in Labour Relations curriculum. The course is taught in the third term of the second year of the degree and its aim is to introduce students to the study and analysis of the sphere of the legal system applied to employment relating to the prevention of occupational risks and to ensure that they are able to:

a)   Understand the concept, historical development, constitutional characterisation and sources of the prevention of occupational risks.

b)   Analyse the different rights and obligations in the area of prevention, both in private companies and government agencies.

c)   Identify and analyse the system of representation and organisation of company employees designed in accordance with employment regulations with regard to the prevention of occupational risks.

d)    Identify and analyse the different responsibilities deriving from employers' failure to fulfil their obligations in the area of prevention.

In order to facilitate effective learning in these areas of knowledge, the teaching of The Prevention of Occupational Risks is divided into the following sections:

    The first section is an introduction to law in the prevention of occupational risks and analyses the concept, historical development, constitutional characterisation and sources of the prevention of occupational risks, as well as general features of the main public policies relating to the prevention of occupational risks.

    The second section deals with the prevention of occupational risks in companies and centres on the framework of specific rights and obligations in the area of prevention, company risk prevention management and the rights of employees to participate in the prevention of occupational risks in both private companies and government agencies.

    The third section deals with liability in health and safety matters and includes a study of the different liabilities which are created if obligations relating to health and safety at work are not fulfilled, as well as their compatibility or incompatibility. 

In all three topics students have to analyse legal regulations, doctrinal texts and existing case law regarding aspects of the course, showing that they can acquire and apply this knowledge to the solving of various real-world cases.

 

I.- INTRODUCCIÓN TO THE PREVENTION OF OCCUPATIONAL RISKS

1.1.- The historical formation of the right to health and safety at work.

1.2.- The regulatory framework of the prevention of occupational risks in national, autonomous community and international regulations.

1.3.- Public policies in health and safety at work matters.

 

II.- THE PREVENTION OF OCCUPATIONAL RISKS IN COMPANIES

2.1.- Subjective and objective scope of the protection of health and safety at work.

2.2.- Rights and obligations in health and safety at work matters and the principles of preventive action. Employees' rights to effective protection and employers' duty to protect.

2.3.- Company prevention systems.

2.4.-Occupational risk prevention plans. Assessing occupational risks and planning preventive action. Coordinating preventive action.

2.5.- Employees' rights to health and safety in the workplace. Information, education and training, health monitoring.  Situations involving serious and imminent risk, protecting employees who are especially sensitive to specific risks, maternity protection, child protection. Relationships between temporary jobs and temporary employment agencies.

2.6.- The rights of employees to participate in health and safety at work matters.

 

III.- LIABILITIES IN THE AREA OF  HEALTH AND SAFETY AT WORK

3.1.- Administrative liability

3.2.- Criminal liability

3.3.- Civil liability

3.4.- Other liabilities

3.5.-Compatibility of liabilities