How will WorkSafe ensure that businesses which receive “formal warnings” or “pre‑charge enforceable undertakings” are in fact “accept[ing] responsibility” and “demonstrat[ing] a commitment to remedying issues”, as stated in the announcement?

Answer

I am advised that WorkSafe New Zealand requires any business seeking a pre-charge enforceable undertaking to demonstrate a clear commitment to address the issues identified and deliver meaningful improvements to prevent future harm. WorkSafe monitors ongoing compliance with the agreement. Formal warnings can be issued if WorkSafe’s enquiries and discussions with a duty holder indicate their willingness and ability to comply with legislation; they do not involve further monitoring by WorkSafe once issued. Duty holders are made aware that formal warnings are recorded by WorkSafe and may be factored into future enforcement decisions.