| Abstract: | This paper explores what, in the context of occupational health and safety regulation, the idea of risk means to legal actors whose task is to assess and act upon risks. It argues that while the occupational risk to the worker is important because it may prompt a regulatory response and it informs decisions about enforcement strategy, the decision-maker contemplating formal legal action will become preoccupied with the risks posed by the legal process to the successful prosecution of the case. The legal risks arise from the nature of regulatory work and the form and character of regulatory law. Legal decisionmakers respond to these risks in a systematic fashion preferring to prosecute cases which are quick, straightforward and unlikely to be defended. This leads to the selection of cases which are breaches of absolute (rather than general) duties and violations of provisions relating to safety rather than health, thereby skewing the application of enforcement. |
