SafeWork NSW updates enforceable undertaking guidelines

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SafeWork NSW updates enforceable undertaking guidelines after extensive consultations with relevant stakeholders across industry and regulatory bodies. The new guidelines address key recommendations from the recent evaluation of the EU program, giving businesses clearer direction on how enforceable undertakings function within workplace safety systems.

An EU is a written, legally binding agreement proposed by a company or individual following a contravention or alleged contravention of the WHS Act. Rather than pursuing prosecution, this pathway allows organisations to commit to concrete safety improvements that strengthen their management systems and reduce ongoing risk.

What the updated guidelines mean for compliance

"The new guidelines provide a clearer process for the consideration of a person's compliance history with work health and safety laws or other regulatory schemes; their attitude and commitment; and their capability to develop and deliver on an EU," SafeWork NSW said.

This revised framework gives regulators a more consistent basis for assessing whether an enforceable undertaking suits a particular contravention. Businesses across Australia rely on such frameworks to understand how enforcement decisions get made and what factors influence outcomes.

Key factors regulators now consider

• Compliance history with health and safety laws or other regulatory schemes
• Demonstrated attitude and commitment toward remedying the contravention
• Capability to develop, fund, and deliver on committed safety systems
• Broader risk posed to workers if an undertaking fails to address root causes

Organisations should treat these updated guidelines as an opportunity to review their own safety systems before an incident occurs. Strong systems reduce risk exposure and demonstrate the kind of commitment SafeWork NSW now weighs more heavily in its assessment process.

Why enforceable undertakings matter for risk management

Enforceable undertakings offer a practical alternative to prosecution, focusing on tangible safety improvements rather than punitive outcomes alone. For many businesses, this means investing in updated systems, better training culture, and stronger internal auditing rather than facing court proceedings.

Companies seeking to strengthen their compliance position can benefit from reviewing related guidance, including coverage of SafeWork NSW's safety blitz across construction sites in the Central Coast region, which highlights how enforcement priorities translate into on-site action.

Recent regulatory changes have also expanded SafeWork NSW's reach. The new legislation enhancing SafeWork NSW's authority gives the regulator additional tools to pursue meaningful risk reduction across workplaces of every size.

Background: the SafeWork review

These guideline updates follow a broader independent review process. The retired judge appointed to lead the NSW SafeWork review examined how effectively the regulator's programs, including enforceable undertakings, protect worker health and support sustainable compliance outcomes.

For organisations wanting to build stronger day-to-day safety systems, resources such as the Cleaning Without Adequate Ventilation SafeWork Method Statement provide practical templates that support compliance efforts and reduce operational risk.

Read SafeWork NSW's updated EU guidelines here.

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