“The most powerful EU applications were those with genuine stories of accountability and commitment to bring about positive change.” – Catalijne Pille

When a serious health and safety incident occurs, organisations can face the prospect of prosecution under the Health and Safety at Work Act 2015 (HSWA). In some cases, there is another option that encourages accountability, fosters meaningful cultural and operational change, and delivers lasting value to both workers and the wider community. That option is an Enforceable Undertaking (EU).

Having managed WorkSafe’s EU team and served on its EU Panel, I have seen the process from the inside. Having read applications that were ambitious and impactful, and others that failed to connect. It is this perspective that has helped me understand what regulators expect to see and why it matters for organisations trying to rebuild after a serious event.

What regulators are looking for

When assessing an EU proposal, regulators are guided by some key principles. Strong applications reflect:

• Genuine accountability: Acknowledging the incident, its impact, and the organisation’s role in addressing the health and safety risk. It’s about demonstrating genuine accountability.
• Sustainable health and safety improvements: Initiatives that go beyond just compliance and address root causes and create long-term change. Proposals should show how improvements will be embedded across the organisation.
• Benefits to workers, industry, and the community: EUs that extend value beyond the organisation, providing real sustained change for industries and communities. That might include training programmes, community education or industry-wide knowledge sharing.
• Credibility and deliverability: Proposals need to be both ambitious and achievable. Regulators want to be assured that the EU is supported and resourced, with a realistic path to completion.

Well-crafted EUs which reflect all four of these principles and are more likely to be accepted and successful.

Translating insight into impact

My experience has provided me with key insights into how Regulators think; what resonates, what raises concerns and what sets the strongest applications apart. That perspective directly informs how I support clients navigating the EU process.

An EU isn’t a shortcut, and isn't the right option for every client. It should always be considered as an option, and when approached with care, insight and integrity, it can be a transformative step toward rebuilding trust, strengthening operational performance and safety culture while improving safety outcomes in a way prosecution alone rarely achieves.

Every situation is different. If you are considering an EU or simply want to understand your options, an early, well-informed conversation with us can help set you on the right course.