SafeWork NSW has highlighted its commitment to keeping workers across New South Wales safe by officially accepting over 100 enforceable undertakings.
Enforceable undertakings offer an alternative to prosecution through the courts when an alleged contravention of work health and safety laws occurs. This provides opportunity for alleged offenders to improve workplace safety by transforming alleged breaches into tangible work health and safety outcomes.
Since December 2013, SafeWork NSW has accepted 106 enforceable undertakings with a total estimated value of over $58,000,000 directly dedicated to uplifting safety in workplaces, industry and the community.
The industries with the largest number of enforceable undertakings include construction at 37% and manufacturing at 28%.
On 17 October 2025, SafeWork NSW accepted an enforceable undertaking from production and road maintenance company, Colas New South Wales Pty Ltd, as an alternative to a prosecution in accordance with Part 11 of the Work Health and Safety Act 2011.
The enforceable undertaking followed an incident on 22 June 2022 when a piece of plant had been switched off to conduct non-routine maintenance activity. During that activity, a worker was seriously injured when his arm was caught in a moving conveyor that had been switched back on.
Enforceable undertakings provide an opportunity for organisations to invest in sustainable, long‑term safety improvements that extend beyond the immediate workplace and contribute to broader industry and community outcomes.
A key component of the Colas New South Wales Pty Ltd undertaking includes the development of a program aimed at improving awareness, inclusion and employment opportunities for people with Autism Spectrum Disorder (ASD) within the construction sector.
The program will be shared across industry, demonstrating the positive and far‑reaching benefits that enforceable undertakings can provide for workers across NSW.
Some benefits derived from other historical enforceable undertakings include:
- A Model Tower Crane Procurement Guideline for the Australia Construction industry
- A Graduate Diploma of Prevention and Management of Acute Behavioural Disturbances in healthcare settings
- Online Welding Safety for Supervisors and Engineers training, and Welding Safety for Welders training
- A Practical Guide to Planning the Safe Erection of Steel Structures for industry
- TV commercial promoting safety for road workers - Slow Down, Roadworkers Around | Towards Zero
SafeWork NSW currently has 33 enforceable undertakings under negotiation and another 31 being actively delivered across NSW.
SafeWork NSW monitors and verifies enforceable undertakings until completion to ensure all strategiess are effectively delivered and have achieved the agreed work health and safety benefits and outcomes.
Enforceable undetakings are legally binding agreements between SafeWork NSW and the person or buisness who proposed the undertaking as an alternative to prosecution through the courts for alleged contraventions of work health and safety laws. Enforceable undertakings are not available for alleged Category 1 offences or an offence of industrial manslaughter.
More information on enforceable undertakings is available at the SafeWork NSW website.
The full enforceable undertaking for Colas New South Wales Pty Ltd can be accessed on the SafeWork NSW website.
SafeWork Commissioner Janet Schorer said:
“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.”
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