Comcare has published a new guide on Work Health and Safety (WHS) undertakings following a period of public consultation last year.
Comcare said WHS undertakings were legally binding commitments by employers to deliver effective health and safety initiatives that benefitted workers, industry and the community.
It said the new Guide to Work Health and Safety Undertakings provided information on applying for a WHS undertaking and covered criteria for acceptance, content of undertaking and compliance monitoring
“A WHS undertaking that is accepted by Comcare can operate as an alternative to a court-imposed sanction for an alleged contravention,” Comcare said.
“When deciding whether to accept a WHS undertaking, Comcare considers a number of factors,” it said.
It said factors may include the objective gravity of the alleged contravention and the nature of the applicant’s alleged conduct; the quality of the undertakings offered as compared to the seriousness of the contravention; and the merits and benefits of the proposed undertaking.
“A WHS undertaking can be proposed at any time, before or after court proceedings have commenced in relation to a contravention,” Comcare said.
“However, in order to enable sufficient time for a proposed undertaking to be considered, Comcare will generally not accept a proposal that is received within three months of a scheduled contested hearing date.”
The Agency said that if it intended to reject a proposed WHS undertaking, the applicant would be provided a reasonable opportunity to address the reasons prior to a final decision.
“Once a WHS undertaking is accepted, its terms must be complied with, non-compliance with a WHS undertaking is enforceable by a court,” Comcare said.
Comcare’s new 26-page Guide to Work Health and Safety Undertakings can be accessed at this PS News link.
