Hmm...yeah that will be interesting how he handles it. From the angle I'm seeing, and not being a professional at all, I wouldn't think it would be that difficult to bring the grade up a little. I can't quite make out around that corner, but on the opposite side of that raised area from the pool, is that going to be decking or yard?
Either way, I would bet it could be easily remedied.
I'm an insurance professional, and I can tell you from a liability standpoint, that wouldn't be great. Some of my companies don't like anything over 30" inches without handrails.