“What started as a response to a crisis became one of the most meaningful projects we’ve ever done as a business.” - Managing Director

This reflection captures the heart of why Enforceable Undertakings (EUs) are emerging as a smarter, more progressive alternative to prosecution under the Health and Safety at Work Act 2015 (HSWA).

In part one of our series, we explored what an EU is and when it might be considered. In this second article, we take a closer look at the real-world impact of EUs and how they are helping organisations move beyond legal compliance to genuine, long-lasting cultural transformation and safer and healthier outcomes for workers.

From legal resolution to organisational evolution

An EU is a legally binding agreement between an organisation and the regulator (WorkSafe New Zealand, the Civil Aviation Authority, or Maritime New Zealand, depending on the circumstances), in which the organisation commits to take specific actions to improve health and safety for itself, its industry, and its community. Its significance goes far beyond any prosecution proceedings can bring.

Multiple studies, including Enforceable Undertakings - The nature of health and safety changes; an opportunity for progressively higher standards, Anne Dowden’s 2022 review for WorkSafe New Zealand, and SafeWork NSW’s Enforceable Undertaking Program Evaluation report, highlight how EUs can trigger meaningful change. These reviews confirm that EUs:

• Encourage progressively higher safety standards
• Lead to long-term cultural and behavioural improvements
• Increase worker engagement and leadership accountability

A 2024 review of WorkSafe’s prosecution function also noted that EUs can serve as a “powerful, reformative alternatives to litigation” offering both accountability and community value.

The benefits of EUs

1. Significant organisational change

Unlike traditional prosecution, which often ends with a fine and reputational damage but no significant change to workplace culture or practices, EUs challenge organisations to reflect and rebuild. Many describe this as a shift from viewing safety as a checklist to treating it as a core organisational value.

“The EU forced us to take a long, hard look at ourselves. It made us stop seeing safety as a checklist and start treating it as part of who we are as an organisation.” - Duty Holder

2. Improved safety culture

A key benefit of successful EUs is the transformation in how health and safety is understood and practised. Organisations often report a marked shift in leadership attitudes and worker engagement, as health and safety becomes a collective responsibility.

“Before the EU, health and safety was managed by one team. Now it’s everyone’s business - from the boardroom to the floor.” - Senior Executive

“We now have managers who go to the floor and ask, ‘What’s not working?’ rather than waiting for a report to land on their desk.” - Health & Safety Adviser

“It opened our eyes. We learned not just how to manage risk better, but how to talk about it in a way that resonates with our people.” - Operations Leader

3. Empowered workers

EUs tend to promote stronger consultation processes and greater worker participation because of the need for them to be involved in the EU. This helps employees feel heard, valued and confident that their concerns will be acted on, and is reported to lead to better ongoing workplace collaboration.

“Workers have gone from being silent to being safety leaders. They’re suggesting changes, calling things out – it’s a complete culture shift.” - Duty Holder

“Our people now speak up. Not because they’re told to, but because they know it’s taken seriously.” - Team Supervisor

4. Reputational recovery

By proactively addressing risks and committing to meaningful change, an EU offers organisations a path to demonstrate accountability and they can begin to rebuild trust with workers, business partners, regulators and the public. They also avoid the reputational damage a conviction (and associated media reporting) can bring.

“The EU let us prove we weren’t just sorry - we were serious about doing better. That meant a lot to our staff and clients.” - General Manager

“After the incident, our reputation took a hit. But when we launched our EU commitments publicly, we started to rebuild trust. It gave us a platform to talk about what we were changing.” - CEO

5. Organisational resilience

EUs can be less disruptive than proceeding to court, especially if the alternative is defending a charge. They help protect future opportunities, minimising the risk of losing tenders, reputational damage, and rising insurance costs. More importantly, they lay the groundwork for better long-term safety performance and strategic maturity.

6. Wider industry and community impact

Organisations usually need to go beyond internal improvements, and use their EU commitments to raise the bar across their industry or for their community. EUs can elevate an organisation’s standing, positioning it as a leader in safety innovation and social responsibility, contributing to a broader culture of safety leadership while simultaneously helping others.

“We didn’t want to just fix our own issues. We wanted to help others in our industry avoid the same mistakes.” - Duty Holder

“What started as a response to a crisis became one of the most meaningful projects we’ve ever done as a business.” - Managing Director

More than a legal outcome

An EU isn’t simply a way to avoid prosecution. It’s an opportunity to reflect, rebuild, and reposition your organisation for a safer, more sustainable future. The long-term benefits (cultural, reputational and operational) are often far greater than the immediate legal outcome.

How we can help

If your organisation is facing a potential prosecution under the HSWA, or you’ve been approached by WorkSafe or another regulator, we can help. The Anthony Harper health and safety team has deep experience guiding clients through the EU process to a successful resolution.

We can support you to:

• Assess whether an EU is appropriate for your situation
• Prepare a robust and credible application
• Navigate negotiations with the regulator
• Align your commitments with your business goals and legal obligations

Our team understands what regulators are looking for and how to present your case in a way that maximises both legal and business outcomes.

Timing is critical

EUs must be agreed before a court decision is made. If your organisation is under investigation or being prosecuted, it’s important to act early. The sooner we can begin discussions, the more options you will have.

Get in touch today to talk about whether an EU is the right step forward for your organisation.

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