Home - New considerations for enforceable undertakings in NSW

UpdatesFeb 01, 2022

New considerations for enforceable undertakings in NSW

Under newly released guidelines, when deciding to enter into an enforceable undertaking, SafeWork NSW will now formally take into consideration your commitment and attitude to safety.

An enforceable undertaking is a written agreement made by a person to complete certain activities within a particular timeframe. Usually, it is entered into as a substitute for a prosecution that has been commenced against the person for a breach of the safety laws.

Because the effort and commitment to implement an enforceable undertaking may be substantial, both financially and with human resources, the safety regulators need to assess the commitment and attitude of the person to safety.

Under the previous guidelines, SafeWork NSW would consider:

Now SafeWork NSW will also consider the person’s attitude and commitment which, according to the new guidelines, will usually involve assessing the following factors:

This factor is an important change as it requires a person to have taken prior actions to promote a positive health and safety culture in the workplace, as well as ensuring that they responded to the incident in a proactive, respectful and positive manner.

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