Posted By Simon Walsh Grad IOSH I do not know for certain, but my guess is that the HSE's legal bods decide which piece of legislation offers them the best chance of winning their case.

Posted By Bunny Actually the decision on what to prosecute under rests with the prosecuting inspector and their line manager (the principal inspector). All inspectors are given a level of legal training that allows them to fulfill their right to prosecute in a magistrates court. The inspector will prepare all prosecution reports, summonses and all correspondence with solicitors, courts etc. It is a very time consuming process. The reason that prosecutions aren't routinely carried out under the HSWA is that Regulations are more specific in what they require and therefore the failure to comply is easier to prove. A company can be prosecuted under more than one regulation and under the HSWA as well as the regulation. This is not encouraged though and would be lft for more serious cases. To be honest the HSE are not necessarily just going for the largest fine they can get, they are going for the guilty plea. The majority of fines have little financial impact on companies (although this is not always the case - the level of fine is set by the magistrates and they take into account the company finances). As far as the HSE is concerned it is the guilty plea or being found guilty that is the most important result. The legal bods only get involved when the case is going to Crown Court, which is beyond the juristictionn of HSE inspectors. The case will still have been prepared by the prosecuting inspector though and it is them that would have decided what regulation / act to prosecute under. Hope that clarifies things for you!