In situations where there's an alleged breach of the Work Health and Safety Act 2011, Safety in Recreational Water Activities Act 2011, or the Electrical Safety Act 2002 (the safety Acts), WorkCover Queensland offers enforceable undertakings (EUs) as a viable alternative to court-imposed sanctions like fines.
EUs represent a written, legally binding commitment, aiming to implement impactful health and safety initiatives that yield tangible benefits for workers, industries, and the broader community. However, it's important to note that EUs aren't applicable for alleged contraventions involving fatalities occurring on or after 23 October 2017 or categorized as a level 1 (reckless conduct) offense under the safety Acts.
Solely within the purview of the regulator lies the authority to accept an EU. If accepted after the commencement of a prosecution, the ongoing legal proceedings will be discontinued. Conversely, if the regulator doesn't accept the proposed undertaking, the prosecution will persist.
To delve deeper into the intricacies of EUs, one can consult the Guidelines for the acceptance of an enforceable undertaking.
For those seeking additional insights into the EU process, the Office of Industrial Relations provides an advisory service. Communications with this service are strictly confidential and conducted on a without-prejudice basis, engaging directly with the individual proposing the undertaking or their legal representatives, if preferred.
For more information or to arrange a meeting, interested parties can reach out to the EU Unit at enforceableundertaking@oir.qld.gov.au.
To explore a comprehensive list of enforceable undertakings published within the last five years, individuals can refer to the Enforceable Undertakings List.