An enforceable undertaking is an agreement between WorkSafe and a duty holder made under the Health and Safety at Work Act 2015 (HSWA). It is entered into voluntarily by the duty holder following a breach (including an alleged breach) of HSWA and, once in place, is legally binding. It is generally used as an alternative to prosecution.
An enforceable undertaking should not be viewed as an easy option. The agreement details actions the duty holder will undertake to respond to the breach. These actions are expected to:
- support higher standards of work health and safety for the benefit of the
- workers and/or work and/or workplace
- wider industry or sector, and
- community
- remedy the harm caused to any victim(s), and
- support us to meet our strategic priorities.
We do not impose an enforceable undertaking on a duty holder and will not offer it. However, we may notify a duty holder where we consider that an alternative to prosecution may be appropriate in the form of a pre-charge enforceable undertaking.
If a duty holder wishes to pursue an enforceable undertaking, they must formally register their interest with us.
- All expressions of interest must be made by email to the Enforceable Undertakings team
- Applications must be made using the enforceable undertaking application form.
- If you require any further information relating to enforceable undertakings please contact the Enforceable Undertakings team
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