SafeWork NSW Exceeds 100 Enforceable Undertakings

The following is an abridgement of an article originally published by SafeWork NSW.

Milestone Reached

SafeWork NSW reports it has accepted 106 enforceable undertakings since December 2013, with an estimated value exceeding $58 million dedicated to workplace, industry, and community safety initiatives. According to the regulator, the construction and manufacturing industries account for the largest share of these agreements, at 37 per cent and 28 per cent respectively.

Recent Undertaking

On 17 October 2025, the regulator accepted an enforceable undertaking from a production and road maintenance company following a June 2022 incident. A worker was seriously injured when his arm became caught in a moving conveyor that was switched back on during non-routine maintenance.

As part of the agreement, the company will develop a program to improve awareness, inclusion, and employment opportunities for people with Autism Spectrum Disorder within the construction sector.

Regulatory Framework

Enforceable undertakings serve as a legally binding alternative to court prosecution for alleged contraventions of work health and safety laws, though SafeWork NSW notes they are not available for Category 1 offences or industrial manslaughter. The regulator currently has 33 agreements under negotiation and 31 in active delivery.

Commissioner's Comment

SafeWork Commissioner Janet Schorer stated,

"Accepting more than 100 enforceable undertakings is a major milestone and highlights SafeWork NSW’s commitment to working with businesses to keep workers across NSW safe. Enforceable undertakings when used in the right circumstance, provide SafeWork NSW with an alternative enforcement option to improve work health and safety. Most importantly, they allow businesses to deliver long-term, practical, and sustainable health and safety improvements that benefit workplaces, entire industries, and the wider community."