Prosecution
Criminal proceedings brought by a regulatory authority against an employer, employee or other duty holder for a breach of health and safety law. The legal basis, courts, and penalties differ between GB, Ireland and the US.
By jurisdiction
UK HSE
“prosecution”Exact equivalentSection 33 of HSWA 1974 sets out the offences for which an employer or other duty holder may be prosecuted. Summary conviction in a magistrates court carries unlimited fines and up to six months imprisonment. Conviction on indictment in the Crown Court carries unlimited fines and up to two years imprisonment for certain offences. The Health and Safety Offences Act 2008 extended imprisonment options.
Irish HSA
“prosecution”Close equivalentSection 77 of the Safety, Health and Welfare at Work Act 2005 sets out penalties on summary conviction (District Court) and conviction on indictment (Circuit Court). Fines and imprisonment terms are specified in the Act. The HSA may also refer cases to the Director of Public Prosecutions for indictable offences.
US OSHA
“prosecution”Partial equivalentOSHA itself does not prosecute criminal cases. Wilful violations causing death may be referred to the Department of Justice for criminal prosecution under OSH Act section 17(e). State-level prosecutions under state criminal codes may also follow workplace fatalities. Criminal OSHA cases are rare compared to civil citation proceedings.
Practitioner note: Brought against organisations and individuals alike. Directors and managers can be personally liable where consent, connivance or neglect is shown.