"The proposed policy continues to give far too much discretion to HSE inspectors to use their informal powers to "persuade" companies to comply with the law, rather than using legal notices to "force" companies to make safety changes." said David Bergman, Director of the Centre for Corporate Accountability.

"The rail crash at Hatfield indicates how important it is for the HSE to impose improvement and prohibition notices - which compel companies to make safety changes - rather than simply writing memos to companies or having a quiet word in the ear of company directors. These informal methods are often ignored by companies," he added.

The CCA report also argues that HSC's proposed policy statement would continue to allows enforcement decisions taken by its inspectors - including whether or not to prosecute companies or company directors - to continue to be unduly influenced by the level of its resources.

"Decisions about whether or not to prosecute for criminal offences should in no way be dictated by resources, but by the level of evidence and by a set out clearly laid down principles. This is still lacking in HSC's proposed policy" said David Bergman

The HSC proposals also fail to provide any guidelines to inspectors about when to issue written warnings or formal cautions. The CCA report also shows how HSC's new policy statement remains a poor partner to that of the Environment Agency.

Link to Documents on HSC's Enforcement policy Statement

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• HSC's consultation document can be found at http://www.hse.gov.uk/condocs/index.htm#live
  
  
• The Centre for Corporate Accountability is an independent research, policy and advice organisation, funded by Joseph Rowntrees Charitable Trust, concerned with worker and public safety issues.