Last updated May 2022
This chapter explains the meaning of an enforceable undertaking and how your organisation can prepare a proposal to the safety regulator.
What is an enforceable undertaking?
If you have breached your health and safety duties, a health and safety regulator may accept an enforceable undertaking from you as an alternative to prosecution.
An enforceable undertaking is a legally binding agreement entered into by a person or business as an alternative to a court-imposed sanction. An enforceable undertaking is a commitment to implement effective health and safety initiatives that are designed to deliver tangible benefits for workers, industry and the community.
An enforceable undertaking requires you to:
- admit that the safety regulator has alleged that you have breached your obligations;
- issue a statement of regret that there has been such a contravention; and
- agree to certain undertakings that are beneficial to safety in the workplace, industry and the broader community, such as:
- conducting research into a nominated safety issue;
- conducting an educational campaign on a nominated safety issue; and
- engaging a health and safety expert for the workplace.
In 2015, NT WorkSafe accepted an enforceable undertaking from Alcan Gove Pty Ltd after a worker was killed while working alone at a lime calcination plant.
Under the undertaking, Alcan Gove agreed to:
- introduce a human behaviours safety program and training video;
- deliver presentations on the incident at relevant industry forums; and
- fund community activities and training.
The undertaking was completed in mid-2018 at an actual cost of $1,347,809.