An enforceable undertaking (EU) operates as an alternative to a prosecution for an alleged contravention of the Work Health and Safety Act 2012.

An EU is a written, legally binding commitment to implement effective work health and safety initiatives. These initiatives are designed to deliver tangible benefits for workers, industry, and the community as a whole and to resolve the issue that led to the EU.

Accepting an EU

SafeWork SA is the regulator for the purposes of the Work Health and Safety Act 2012 (SA).

Only the regulator can accept an enforceable undertaking. An EU will only be accepted if it demonstrates:

• benefits to the workplace
• benefits to their industry, and
• benefits to the community.

An EU does not constitute an admission of guilt by the person giving an undertaking in relation to the contravention.

When an EU cannot be accepted

An enforceable undertaking cannot be accepted for a contravention or alleged contravention of a Category 1 offence.

These are:

• the person has a health and safety duty, and
• the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness, and
• the person was reckless as to the risk of death or serious injury or illness.

Seeking advice

If you wish to find out more information regarding the EU process, speak to one of our advisors. You can arrange a meeting by contacting us on 1300 365 255. All communication to our advisory service is confidential and on a without prejudice basis.

You may also find the Solar Eggs Farms EU case study informative.

Requesting an EU

If you would like to submit a proposal for an EU, please read our Guidelines for the acceptance of enforceable undertakings.

An application template is also available to guide you through the process.