SafeWork NSW Tops 100 Enforceable Undertakings to Lift WHS Standards

SafeWork NSW has reaffirmed its focus on safer workplaces by officially surpassing 100 accepted enforceable undertakings, converting alleged work health and safety (WHS) breaches into targeted, practical safety outcomes.

Enforceable undertakings are legally binding agreements offered as an alternative to prosecution where an alleged contravention of WHS laws has occurred. Rather than proceeding through the courts, a person or business can propose a program of safety improvements, training and community benefits that directly address the underlying WHS risks.

Since December 2013, SafeWork NSW has accepted 106 enforceable undertakings, with a total estimated value exceeding $58 million. These commitments are directed towards strengthening safety standards in workplaces, industries and communities across the state, often through improved WHS management systems, policies and worker training.

The construction and manufacturing sectors account for the majority of these agreements, representing approximately 37 per cent and 28 per cent of enforceable undertakings respectively. This reflects the higher inherent risks in these industries and the critical importance of robust WHS controls, including documented safe systems of work and comprehensive SWMS for high‑risk activities. For guidance on industry‑specific SWMS, businesses may refer to providers such as Bluesafe SWMS resources.

On 17 October 2025, SafeWork NSW accepted an enforceable undertaking from production and road maintenance company Colas New South Wales Pty Ltd, in accordance with Part 11 of the Work Health and Safety Act 2011, as an alternative to prosecution.

The undertaking follows a serious incident on 22 June 2022, when a piece of plant was shut down for non‑routine maintenance. During the work, a conveyor was switched back on and a worker’s arm was caught in the moving plant, resulting in significant injury. The incident highlights the critical need for effective lock‑out and tag‑out procedures, clear isolation policies, and well‑implemented WHS management systems to control risks associated with plant and maintenance activities.

Enforceable undertakings are designed to drive sustainable, long‑term safety improvements that extend beyond the immediate workplace. Typical measures include enhanced WHS policies and procedures, investment in safer equipment, improved consultation with workers, and the development of industry‑wide guidance materials.

A key element of the Colas New South Wales Pty Ltd undertaking is the creation of a program aimed at improving awareness, inclusion and employment opportunities for people with Autism Spectrum Disorder (ASD) within the construction sector. This initiative will be shared across the broader industry, demonstrating how enforceable undertakings can deliver inclusive, far‑reaching benefits for workers and communities, while embedding stronger WHS practices into everyday operations.

SafeWork NSW notes that previous enforceable undertakings have delivered a wide range of benefits, including upgraded plant and equipment, new safety training packages, improved WHS management systems, and industry resources that help other businesses better manage their risks.

At present, there are 33 enforceable undertakings under negotiation and a further 31 being actively implemented across New South Wales. SafeWork NSW monitors each undertaking to completion, verifying that all agreed strategies are delivered and that the promised WHS benefits and outcomes are achieved.

Enforceable undertakings are not available for alleged Category 1 offences or for offences of industrial manslaughter. In all other eligible cases, they provide a structured framework for businesses to invest in substantial, measurable improvements to health and safety, often going well beyond what a court penalty alone might achieve.

SafeWork Commissioner Janet Schorer said that exceeding 100 enforceable undertakings underscores the regulator’s collaborative approach to WHS enforcement. She emphasised that, when used appropriately, enforceable undertakings allow businesses to implement long‑term, practical and sustainable safety improvements that benefit individual workplaces, entire industries and the wider community.

More detailed information on enforceable undertakings, including the full undertaking for Colas New South Wales Pty Ltd, is available on the SafeWork NSW website. Organisations reviewing their WHS arrangements are encouraged to ensure their WHS management systems, SWMS and related policies are up to date and effectively implemented to prevent similar incidents.