SafeWork NSW Enforceable Undertakings Program Evaluation – June 2020

Overview

SafeWork NSW engaged Nexus Management Group to conduct an evaluation of its enforceable undertakings (EU) program, to assess the extent to which EUs have led to improvements in WHS outcomes and identify strengths and potential improvements in the EU program. The evaluation methodology included:

  • analysis of SafeWork NSW EU data
  • an online survey of participants who had applied for an EU since January 2018
  • interviews with businesses who had completed or were significantly advanced in completing an EU
  • a series of individual and group consultations with members of the legal profession and SafeWork NSW staff involved in the EU program

The evaluation was conducted over a four-month period and concluded in June 2020.

Evaluation Findings

The evaluation found the EU program led to positive WHS outcomes. In general, businesses indicated they have not only delivered on their legal obligations under the EU commitments, but many have secured longer-term change beyond the life of the EU.

  • 94% of interviewed businesses demonstrated that the EU had led to changes in their workplaces related to the alleged breach, and also identified longer-term improvements in their workplace health and safety culture
  • 72% of interviewed businesses would advise another company to enter into an EU if faced with similar circumstances, primarily due to businesses seeing an EU shift the focus from an individual incident to systemic workplace issues and culture and requiring ongoing commitment
  • 78% of interviewed business saw EUs as an effective alternative to prosecution, which was commonly seen as a one-off penalty that did not necessarily translate into longer-term work health and safety outcomes.

The evaluation concluded that SafeWork’s administration of the EU program is sound, however further process improvements were recommended to strengthen the program, and these have largely been adopted.

The evaluation identified a number of strengths of the EU program including:

  • The tailoring of EUs to the specific circumstances and capability of individual businesses
  • The program ‘architecture’ comprising of an advisory service, a decision-making panel, and a verification process to ensure the legal commitments of the EU are upheld
  • Communication and support provided by SafeWork NSW was seen favourably by businesses.

The evaluation report has been shared with other WHS regulators in Australia and New Zealand to assist in developing their own EU program evaluation/s. High level results and actions were also shared at the National Heads of Workplace Safety Authorities EU Forum, held in May 2021 attended by WHS regulators from Australia and New Zealand.

Further information

View a copy of the full report (PDF, 9468.81 KB).

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