Polybay Ltd Case Study: Evaluating Health & Safety Law Compliance

This case study examines the unethical health and safety practices of Polybay Ltd, focusing on unsafe roof work and the absence of proper safety management. It analyzes the expected standards for roof work, referencing HSE guidelines and legislation like the Health and Safety at Work etc. Act 1974. The study explores potential HSE prosecutions against Polybay Ltd, considering available defenses and relevant case law, such as R v Tangerine Confectionery Limited. It also discusses improvements to the employer's health and safety management system using recognized models like HSG65. The analysis concludes with recommendations for ensuring compliance and preventing future incidents. Desklib provides access to a wealth of similar solved assignments and study resources for students.

Draft
(Assessment 001)
Case Study
The case scenario highlights the wrong or unethical “In-House” health and safety practices
adopted by the company “Polybay Ltd” among their employees has been discussed. The
various legislations, code of practices, statistical report, case laws, industry guidance and
many others are used to discuss the respective issue and concern.
On the basis of the report provided by the inspector of Health and Safety Executive, there are
no policies being formulated by the company and no Health and Safety personnel are
appointed for its management. The whole case revolves around risk, unethical safety
measures and standards used by the company for their employees.
The report study is divided into two parts i.e., (Which has to be answered using relevant
graphs, stats, case laws and legislation)
Part 1
a) What the expected standards are for roof work of this nature, and apply
them to this case, explaining how these standards were not met.
According to the report of the Health and Safety Executive (2018), working over the
rooftop can be a dangerous situation for the employees and management too. It can
lead to creating of personal injury and death of the individuals. Moreover, there are
various standards being framed by the government or industrial head in order to
overcome such issue. For example – Roof edges and openings, fragile surface, and
many others.
Related PDF’s and Journal article (Links)
http://www.hse.gov.uk/pubns/indg284.pdf
http://www.hse.gov.uk/construction/safetytopics/roofwork.htm
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b) With reference to a recognised safety management model, e.g. HSG65, what
improvements to the employer’s health and safety management system might be
appropriate and why.
There are certain reasons which lead to such dangerous circumstance for the
individuals. The recognised safety measurement model for managing the risk and
danger at the roof edge working.
Safety Management Model (Traditional Model)
Figure: Management model to develop, implement and maintain a safety management system
Source: (http://www.labour.gov.hk/eng/public/os/manage.pdf)
(Modern Model)
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Figure: Elements of an Effective Safety Management System
Source: (http://www.nsc.org/Measure/Pages/elements-of-an-effective-safety-management-
system.aspx)
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Part 2
(Prosecution for unsafe roof work)
a) who you believe could potentially be prosecuted by HSE and why
Polybay Ltd Company has been prosecuted by the HSE because the organisation does
not have a well-defined or structured health and safety policy. Moreover, the company
does not have the specific Health & Safety Manager. No qualification of the Health &
Safety head of the organisation.
b) What provisions of health and safety law they might be prosecuted under
The Health and Safety at Work etc. Act 1974 will be prosecuted by the company
under which there are sub-laws and regulations which are needed to abide by the
company.
Essential readings:
https://www.business.qld.gov.au/running-business/whs/whs-laws/penalties
http://www.hse.gov.uk/pubns/hsc13.pdf
Case Law: R v Tangerine Confectionery Limited and Veolia (Example)
This case law also breach the Health and Safety at Work, etc Act 1974
Link: https://app.croneri.co.uk/feature-articles/health-and-safety-work-etc-act-1974-
causation-derivation-and-foreseeability
c) What defenses could potentially be available to those who might be
prosecuted?
There is a list of legislation and defense strategies for the Health and Safety at Work,
etc Act 1974 such as departmental responsibility and others.
Article: - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/
621860/20170619-375_2017_P1_V1-0.pdf
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Conclusion
On the basis of the overall study and case scenario, the conclusion has been drawn.
References
(Harvard Referencing style)
Example - Health and Safety Executive, 2018. Working on roofs. Health and Safety
Executive, pp. 1-13.
R v Tangerine Confectionery Limited and Veolia ES (UK) Limited [2011] EWHC 1137
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