Assume that the International Labour Organisation’s (ILO’s) Occupational Safety and Health Convention 1981 (No.155) and associated Recommendation R164 – Occupational Safety and Health Recommendation, 1981 (No.164) have been adopted as Regulations in Packagenics country of operation. This includes the actions required at the level of the undertaking under recommendation 16, and Article 19 respectively. (a) (i) Comment on how ineffective Packagenics is, as the employer, in implementing these actions. (10) Note: You should support your answer, where applicable, using relevant information from the scenario. (ii) Comment on how effective Packagenics is, as the employer, in implementing these actions. (2) Note: You should support your answer, where applicable, using relevant information from the scenario. (b) The local health and safety enforcement authority has investigated the accident and has decided to prosecute both Packagenics and ECL. To come to this decision, they used the principles in the ‘Enforcement Policy Statement’ produced by the British Health and Safety Executive (HSE). Referring to the principles of proportionality, targeting and consistency of approach within the ‘Enforcement Policy Statement’, what will the enforcement authority have considered when deciding on this enforcement action? (11
