NSW Department of Education’s $3.5M Enforceable Undertaking: A Wake-Up Call for WHS Compliance

SafeWork NSW has sent a clear message to all NSW employers: when it comes to WHS compliance, size and status offer no protection from enforcement action.

In January 2026, SafeWork NSW accepted an Enforceable Undertaking from the NSW Department of Education—one of the state’s largest employers with approximately 149,829 workers—following alleged asbestos exposure incidents at Castle Hill High School spanning from April 2015 to October 2018.

The Alleged Breaches

The Department was charged with contraventions of sections 19(1), 19(2), 32 and 33 of the Work Health and Safety Act 2011 (NSW). According to the full enforceable undertaking document, workers’ compensation claims were made in connection to asbestos exposures at the school.

A 2022 improvement notice issued by SafeWork NSW highlighted critical failures in the school’s asbestos register. Castle Hill High School contained ceiling spaces with sprayed limpet asbestos, and cavity walls with potential exposure pathways to ceiling spaces—yet these areas had not been identified or presumed to contain asbestos in the register.

Why This Matters for Your Organisation

This case demonstrates that achieving WHS compliance isn’t optional—it’s a legal obligation that applies equally to government departments, multinational corporations, and small businesses alike. The Department of Education’s experience highlights how “low-tech” asbestos management systems can create duplication, administrative burden, and increased risk of errors.

The Financial Reality: $10.6M+ in Total Costs

The true cost of non-compliance extends far beyond the enforceable undertaking itself:

Enforceable Undertaking Commitments: Up to $3.64M

• Up to $3.5M for a Hazardous Materials Management Digital Platform (HMMDP)
• $140K for educational and training materials
• Dedicated EU Project Manager salary (2-year Clerk Grade 11/12 position)

Rectifications Already Completed: $7.1M

• $5.3M on proactive asbestos resurvey program (629 inspections in 2024-25 alone)
• $1.8M on vermiculite resampling program
• Updated Asbestos Management Plan and daily register updates
• Additional mandatory training rollout for key staff

Hidden Costs Not Quantified:

• Workers’ compensation claims and medical monitoring
• Legal representation and investigation response
• Reputational damage and community impact
• Lost productivity during remediation
• Ongoing compliance monitoring and reporting obligations

What the Department Must Deliver

The enforceable undertaking requires the NSW Department of Education to implement substantial reforms over a 24-month period, including:

1. Hazardous Materials Management Digital Platform

The centrepiece of the undertaking is developing a sophisticated digital platform that will:

• Centralise all asbestos-related data and information (registers, reports, inspection details, induction records)
• Integrate and streamline contractor management with mandatory training hold points
• Implement the National Guide for Asbestos Surveys risk profiling algorithm
• Provide near real-time data updates (within 24 hours of changes)
• Create automated inspection and review prompts

The platform will serve approximately 2,600+ asset maintenance contractors currently engaged across NSW public schools.

2. Comprehensive Training Programs

Three distinct training initiatives targeting different stakeholder groups:

Asset Maintenance Contractors: Mandatory bite-size training modules embedded within the HMMDP platform, including verification checkpoints before work commencement. This will reach thousands of individual contractors working across rural and remote NSW locations.

Education Support Staff: Mandatory training for approximately 480 staff including Asset Management Group Leaders, Asset Service Officers, WHS Managers, WHS Leaders, and Work Health and Safety Advisers, with opt-in availability for all other departmental staff.

School-Based Staff and Public: Educational videos, infographics, and interactive quizzes explaining asbestos exposure, risk levels, and the Department’s management framework—accessible to approximately 120,000 school-based staff and the broader NSW community.

3. Cross-Agency Knowledge Sharing

The Department must conduct 2-3 knowledge-sharing workshops with other relevant NSW Government agencies managing asbestos risks, sharing business capabilities, platform capabilities, lessons learned, and risk-assessment methodology.

WHS Compliance Best Practice: Your Asbestos Management Checklist

Drawing from this case and regulatory requirements, use this checklist to assess your organisation’s asbestos management compliance:

Asbestos Register Compliance

• Current asbestos register maintained and accessible to all workers and contractors
• Register updated within 24-48 hours of any new asbestos identification or removal
• Inaccessible areas with potential asbestos presence identified and presumed to contain asbestos
• Register includes detailed location information, asbestos type, condition, and risk assessment
• Site plans clearly mark asbestos-containing materials locations
• Register reviewed and updated following any building alterations or incidents

Asbestos Management Plan

• Current Asbestos Management Plan documented and implemented
• Plan regularly reviewed (minimum annually) and updated when circumstances change
• Clear protocols for managing asbestos-related incidents
• Defined roles and responsibilities for asbestos management
• Emergency response procedures documented
• Communication strategy for informing workers and contractors

Contractor Management

• All contractors provided access to asbestos registers before work commencement
• Site-specific induction processes include asbestos awareness
• Contractors required to confirm understanding of asbestos locations
• Hold points established for any work that may disturb asbestos
• Verification of contractor licensing where required (Class A or B asbestos removal)
• Authorisation process for penetrating walls, ceilings, or other surfaces
• Records maintained of all contractor inductions and authorisations

Training and Competency

• Key personnel completed asbestos awareness training appropriate to their role
• Principals/site managers trained in asbestos management frameworks
• Asset service officers and maintenance coordinators competency verified
• WHS advisors up-to-date with current asbestos regulations
• Annual competency checks conducted for relevant staff
• Training records maintained and readily accessible
• Refresher training scheduled at appropriate intervals

Risk Assessment and Control

• Buildings constructed pre-2004 surveyed by competent person
• Risk profiling conducted using recognised methodology (e.g., National Guide algorithm)
• Asbestos-containing materials condition monitored regularly
• Control measures implemented based on risk assessment outcomes
• Friable asbestos identified and prioritised for removal or encapsulation
• Air monitoring conducted where asbestos disturbance suspected or confirmed

Incident Response

• Clear procedures for suspected asbestos disturbance or exposure
• Immediate isolation protocols documented and understood
• Emergency contacts readily available (hygienists, licensed removalists)
• Workers’ compensation notification process established
• Medical surveillance arrangements for exposed workers
• Incident investigation methodology (consider ICAM framework)
• Corrective action tracking and verification system

Documentation and Records

• All asbestos-related inspections, surveys, and reports filed systematically
• Clearance certificates maintained for all asbestos removal work
• Waste disposal documentation retained (licensed disposal facilities)
• Testing results and laboratory reports accessible
• Communication records with workers, contractors, and regulators
• Audit trail for all asbestos register changes and updates

Communication and Consultation

• Workers consulted about asbestos management arrangements
• HSRs and HSC members involved in asbestos-related decisions
• Asbestos locations communicated to all relevant parties
• Community notification process for schools or public buildings
• Regular updates provided to stakeholders about asbestos management status
• Transparent reporting of incidents and corrective actions

Proactive Management

• Proactive survey program established for older buildings
• Budget allocated for ongoing asbestos management and removal
• Technology solutions investigated for improved data management
• Continuous improvement process for asbestos management systems
• Industry developments and regulatory changes monitored
• External expertise engaged where internal capability gaps exist

The Deterrent Effect: Naming and Shaming Works

SafeWork NSW’s willingness to pursue enforcement action against a major government department—and publicly document the failures through an enforceable undertaking—serves an important deterrent function for the broader NSW business community.

The public nature of this process, including mandatory publication in the Sydney Morning Herald and on the Department’s own website, sends an unmistakable message: WHS compliance failures will be exposed regardless of the organisation’s profile or resources.

Key Lessons for PCBUs

1. Size Offers No Protection

With nearly 150,000 workers and over 2,200 schools across NSW, the Department of Education represents one of the state’s largest employers and asset owners. Yet this scale provided no immunity from prosecution or enforcement action.

2. “Low-Tech” Systems Create High-Tech Problems

The Department acknowledged that its reliance on hard-copy registers and manual update processes created duplication, administrative burden, and increased error potential. Modern WHS compliance demands modern systems.

3. Proactive Investment Beats Reactive Spending

The $7.1M spent on rectifications after the alleged incidents dwarfs what preventative measures would have cost. Proactive asbestos surveys, digital register systems, and comprehensive training programs are investments, not expenses.

4. Contractor Management Is Critical

With over 2,600 contractors engaged for asset maintenance across the Department’s portfolio, ensuring each contractor understands asbestos locations and protocols is essential but challenging. Mandatory platform-based training with hold points represents best practice.

5. Transparency Builds Trust

The Department’s commitment to cross-agency knowledge sharing and public-facing educational materials demonstrates that transparency about past failures can support industry-wide improvement.

What This Means for Your WHS Compliance Strategy

If you’re responsible for WHS compliance in an organisation managing buildings constructed before 2004, this case study offers valuable guidance:

Audit your current asbestos management systems. Are your registers current, accessible, and comprehensive? Do they include inaccessible areas that may contain asbestos?

Review your contractor management processes. Do contractors receive asbestos-specific inductions? Are there verification checkpoints before work that could disturb asbestos commences?

Assess your technology solutions. Could digital platforms improve data accuracy, accessibility, and real-time updates compared to your current systems?

Verify training and competency. Have all relevant staff completed appropriate asbestos awareness training? Are annual competency checks conducted?

Consider proactive surveying. Rather than waiting for incidents to identify asbestos presence, implement a systematic survey program for older buildings.

Document everything. The ability to demonstrate compliance through comprehensive records is essential if SafeWork NSW comes knocking.

How HSE Direct Can Help

At HSE Direct, we understand the complexities of achieving and maintaining WHS compliance in organisations of all sizes. Our asbestos management services include:

Asbestos Register Reviews and Updates: We’ll audit your current registers against regulatory requirements and ensure all asbestos-containing materials are appropriately identified, assessed, and documented.

Asbestos Management Plan Development: Comprehensive, site-specific plans that meet regulatory requirements and provide practical guidance for your teams.

Contractor Management Systems: Developing induction processes, authorisation protocols, and verification checkpoints to ensure contractors understand and comply with asbestos management requirements.

WHS Audits and Gap Analysis: Independent assessment of your current WHS compliance status with actionable recommendations for improvement.

ICAM Investigations: When incidents occur, our experienced investigators use the Incident Cause Analysis Method to identify root causes and develop effective corrective actions.

Training and Competency Programs: Customised training for principals, site managers, asset officers, WHS advisors, and other key personnel.

Don’t wait for an improvement notice, prohibition notice, or prosecution to address your WHS compliance gaps. The cost of prevention is always lower than the cost of enforcement action.

Contact HSE Direct Today

HSE Direct
Phone: 0491 358 122
Email: info@hsedirect.com.au
Website: www.hsedirect.com.au

Our team of experienced WHS consultants is ready to help you achieve genuine WHS compliance that protects your workers, your organisation, and your reputation.

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This article is based on the SafeWork NSW Enforceable Undertaking accepted January 20, 2026. The full undertaking document is available on the SafeWork NSW website. The information provided is for general guidance only and should not be relied upon as legal advice. Organisations should seek professional WHS consulting services to address their specific circumstances.