A work health and safety (WHS) enforceable undertaking (EU) is an alternative to prosecution under the Work Health and Safety Act, 2012 (SA). The Regulator may accept a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention of the Act.

An EU cannot be accepted for a contravention or alleged contravention that is:

a) an industrial manslaughter offence; or
b) a category 1 offence.

An EU is a formal, legally binding agreement in which the responsible person commits to introducing and maintaining robust work health and safety initiatives. These initiatives are designed to achieve meaningful improvements for workers, the broader industry, and the community. By applying for an EU, persons not only demonstrate their commitment to safety but also contribute to outcomes that extend beyond their own workplace, helping to create safer and healthier environments for all stakeholders.

Accepting an EU

The Regulator has sole discretion to accept an application for an EU and is not compelled to accept any proposal. In considering whether to accept an EU, the Regulator will consider whether it demonstrates benefits that extend beyond legislative compliance in the following areas:

• 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.

Guidance material to assist EU Applicants

SafeWork SA EU Team provides comprehensive guidance material to assist EU Applicants in preparing their enforceable activities in consultation with the SafeWork SA Advisory Committee.

This material focuses on priority areas highlighted by the Regulator and can be particularly useful for applicants who may find it challenging to identify activities that relate to the risk that led to the contravention or alleged contravention.

This is especially relevant when the risk has been mitigated through measures that exceed legislative compliance through rectifications following the contravention or alleged contravention.

Categories include:

Benefits to workers

• training programs, safety system upgrades, mental health initiatives
• rehabilitation support, counselling services, financial assistance.

Benefits to industry

• knowledge-sharing forums, industry-specific safety resources, collaborative campaigns.

Benefits to the community

• WHS awareness outreach, sponsorship of safety events, community partnerships.

For more information please see: Suitable EU activities

Seeking advice

If you would like further information about the EU process, please contact our Regulatory Assurance Team on agdswsara@sa.gov.au.  All communications with the Regulatory Assurance Team are confidential and provided on a without prejudice basis.

You may also find the Ruediger Constructions Pty Ltd Enforceable Undertaking case study informative.

Requesting an EU

If you would like to submit a proposal for an EU, please read our Enforceable Undertaking Application Guidelines.

The EU application template must be used when submitting an EU application.

The Annexure A – Compliance History Disclosure document must be submitted with your EU application.

Guidance material to assist EU Applicants in preparing EU enforceable activities:: Suitable EU activities