UNIT A2 - HEALTH & SAFETY LAW

QUESTION 1 [Varsha]
Review, with examples where appropriate, the merits and limitations of:
(i) Prescriptive legislation (5)
(ii) Goal-setting legislation (5)
Question 2 [Stevie]
Review the extent to which the UK is able to determine the subject, content and form of its national legislation on
health and safety (10)
Question 3 [Indiren]
(a) With respect to European Community law, distinguish between Regulations, Directives and Decisions (8)
(b) Outline the possible role of the European Court of Justice in a case between a member state and a citizen
of that member state (2)
Question 4 [Daryl]
Identify and explain the various statutory provisions aimed at preventing discrimination at work and outline the
circumstances relevant to health and safety when it may be lawful to discriminate (10)
Question 5 [Stevie ]
In relation to Community law within the European Union:
(i) Outline the process for making EC legal instrument concerning health and safety matters (10)
(ii) Describe the key functions of the European Court of Justice (6)
Question 6 [Adish]
Describe the composition and function of the following European institutions and, in EACH case, explain their role
in shaping health and safety legislation in the European Union:
(i) European Commission (4)
(ii) European Parliament (3)
(iii) Council of Ministers (3)
Question 7 [Tanvir]
(a) Summarise the essential elements of a legally enforceable contract (6)
(b) Describe, with examples, the general types of health and safety-related issue that may be relevant for
inclusion in a contract between a client and a contractor undertaking work on the client’s site (8)
(c) Explain, with reference to relevant case law, the circumstances in which an employer may be held
vicariously liable for the negligent act of a contractor (6)
Question 8 [Pascal ]
(a) Identify TWO types of proceeding dealt with by the European Court of Justice that could have relevance to
the regulation of health, safety and environmental matters within EU member states (4)
(b) Distinguish between directives made under Article 95 (formerly Article 100) and those made under Article
137 (formerly Article 118a) of the Treaty of Rome, giving a health and safety example of EACH kind.(6)

Question 9 [Mitrajeet ]
Review, with relevant examples, the extent to which the current UK legislative framework meets the aspirations of
the Robens Committee on Safety and Health at Work, which reported in 1972
Question 10 [VARSHA ]
With reference to relevant decided cases and statutory requirements, explain the extent to which employers may be
held liable for the dangerous behaviour of their employees with respect to:
(i) Civil law (5)
(ii) Criminal law (5)

Question 11 [Indiren ]
(a) Distinguish between:
(i) Common law and statute law (4)
(b) Show by means of a diagram the structure of the main civil and criminal courts in England and Wales (or
Scotland or Northern Ireland, provided this is appropriately indicated), including in your diagram the main routes of
appeal and the position of Employment Tribunals. (10)
Question 12 [DARYL ]
With reference to case law where appropriate, outline the extent of an employer’s statutory health and safety duty
that is qualified by the words ‘practicable (5)’ ‘reasonably practicable’ (5)
Question 13 [ADISH ]
Review, with relevant examples, the extent to which the European Union has influenced the development of health
and safety culture within the United Kingdom(7)

Question 14 [PASCAL ]
A matter involving the interpretation of European law may be referred to the European Court of Justice for a ‘preliminary
ruling’. Identify the bodies or parties who have a legal right to initiate such a referral. (2)
You may answer for the court systems in England and Wales or Scotland or Northern Ireland.

Question 15 [MITRAJEET]
(a) The Treaty of Rome contains two different articles (Article 95 and Article 137) under which directives affecting health and safety may
be made. Explain the role of these two different articles AND, in EACH case, give an example of a directive affecting health and safety at
work that has been made under the relevant article. (6)