An enforceable undertaking (EU) operates as an alternative to a court imposed sanction for an alleged contravention of the Work Health and Safety Act 2011, Safety in Recreational Water Activities Act 2011 and the Electrical Safety Act 2002 (the safety Acts).
EU's take the form of a written, legally-binding commitment to implement effective health and safety initiatives. These initiatives are designed to deliver tangible benefits for workers, industry, and the community as a whole.
An EU cannot be accepted for an alleged contravention that is a category 1 offence, a category 2 offence if the person’s failure to comply with a health and safety duty results in the death of an individual, or offence of industrial manslaughter.
The regulator is the only person who can accept an EU.
For further information regarding the acceptance of EUs, please refer to the Guidelines for the acceptance of an enforceable undertaking (PDF, 550.53 KB) .
An EU advisory service is provided by the Office of Industrial Relations if you or your client wish to find out more regarding the EU process.
All communication with the advisory service is on a without prejudice basis and will be conducted directly with the person seeking to give an EU or with legal representatives, if preferred.
For further information regarding the EU process or to organise a meeting with a member of the EU advisory service, please contact the OIR EU Program at firstname.lastname@example.org.
- Last updated
- 02 July 2018
Codes of Practice are now an enforceable standard to manage hazards and risks
A Work Health and Safety inspector may refer to an approved code of practice when issuing an improvement or prohibition notice.