Originally Posted by
Herod
One has to ask: why did the prosecutor decide not to proceed?
Presumably lack of evidence required to convince a jury so they were sure that the statutory offence was made out. In UK we require a greater than 50% probability of conviction for prosecution to proceed. Likley to be similar in othe 'common law' jurisdictions.
OTOH the standard required to find an employer liable of failing in duty of care is lower, balance of probability instead of 'sure'.