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Posted By Robert Woods
Could you please provide me with guidance on the following question.
A volunteer placement group (the provider) places volunteers to support
people living in their own homes (the client).
Is the provider or the client responsible for assessing the risks to the
health and safety of the volunteer to which they are exposed whilst they
are at work within the clients home?
Thanks in advance
Robert Woods
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Posted By Jack
Bob, it would be helpful to know if your 'provider' is an employer, ie are there paid staff.
Under Occupational H&S legislation the 'client' will not have any responsibilitities. The provider may but only if they are an employer.
Of course both could have civil law duties.
Jack
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Posted By Euan Turner
Interesting question, I would say on a practical level both have responsibilties to consider the risks that face the volunteers - however, whether or not this is a legal requirement bourne out of criminal/civil law or simply best practice is a moot point?
As I see it, the provider is primarily responsible for the safety of the volunteers and would therefore hold the main duty to risk assess the situations that they are putting the volunteers into. I know that there are legal differences between volunteers and paid workers, but when it comes protecting people's health and safety in practice, the distinction is perhaps less important...
However, you essentially have a shared workplace (see management regs) situation here, where the client (presumably the occupier of the premises that the volunteers will be working on?) also has a responsibility to share any relevant information with other parties working on their premises (and in this case,for them).
Hope this helps, you might also find a couple of publications useful - the HSE's safety for charity organisations (HSG, I think) and another one, cannot remember it's proper name but it is essentially a handbook on health and safety for voluntary organisations, I'm sure it was published by someone in Liverpool (not that that's any help, sorry!!)
Hope this is use!
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Posted By Nigel Singleton BSc
With reference to your question, the HSG publication for volunteers is:
Charity and voluntary workers.A guide to health and safety at work. ISBN:0717624242
In the past I have run training courses for social service providers, they have deemed it necessary for a supervisor to complete a simple risk assessment before allowing a base level provider to use a clients premises. This has often resulted in the issue of such things as personal RCD plugs, own hand washing facilities etc. This would depend on the nature of the risks associated with the client. I do not believe the clients own home would be a shared workplace unless the client was paying for the service, however this would still be difficult to prove as the providers are volunteers. Ulitmately you have an unpaid person working in an unpaying clients own home, therefore not a workplace?
The question should not be who is the duty holder, but who is in a position to maintain the safety of the provider and indeed the client. This would obviously be the provider and not the client, who probably has little if any knowledge of health & safety anyway.
It will be interesting to watch this thread progress.
Merry xmas
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