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Enforceable undertakings
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Enforceable undertakings

An enforceable undertaking (EU) is a legally binding agreement between WorkSafe and a duty holder, and may be used as an alternative to prosecution. It is part of a suite of enforcement tools that WorkSafe has available.

WorkSafe considers a number of criteria when assessing EUs, including:

  • The nature of the person’s alleged misconduct and its seriousness
  • Submissions received from any interested party, including any victim(s)
  • The person’s conduct in respect of mitigation and remedial action
  • The person’s past performance and history of compliance with health and safety legislation.

Once an EU has been agreed to, it is enforceable against the person who made it. While it is in effect, the regulator cannot bring a prosecution for the relevant breach of the law. A person can, with the regulator’s agreement, vary or withdraw an enforceable undertaking. If an enforceable undertaking is not complied with, prosecution action may result.

 

Decisions to accept enforceable undertakings

St Kentigern Trust Board, 5 April 2017

 

Footnote

[1] Some information regarding terms of the EU has been redacted at the request of the victims.

Last updated 5 April 2017