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Posted By John Caboche
I was hoping that some of the sharper legal minds out in IOSH land could help me with a basis for legal responsibility under HASAW.
I belong to a battle re-enactment society, which is a registered charity and an incorporated company with a board of directors.
Some of the ex officio members of the board receive (minimal) payment for their services.
My guess is that participants are classed as "charity volunteers" whilst participating in battles.
I am convinced that the HASAW applies to this organisation and subsequently some of the regulations under the act. The society recognises it has to risk assess activies, but doesn't accept that HASAW applies to it's activities as it isn't technicaly an employer.
I contend that because the HASAW has an etc. tacked onto it it applies to charities and voluntary organisations as well as "employers".
Can anyone offer a legal opinion or knowledge of HSE enforcement in these particular circumstances
Many Thanks in advance.
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Posted By Chris Pope
John,
I see from the list of contributors to HSG192 produced by HSE as "Charity and voluntary workers - a guide to H&S that there is a Charities Safety Group PO box 804 tel 0700 900 9128. Page 4 says "in general the same H&S standards should be applied to voluntary workers as they would to employees exposed to the same risks"
Also I think the etc in HASWA is to do with building regs mentioned at the end of the act.
I guess a voluntary worker is a non employee as per section 3.
Hope you win your next battle.
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Posted By Laurie
By analogy with Oxfam or similar, I think this also has salaried directors/executives, but most its shop staff are volunteers.
It is well established that unpaid staff of such organisations are subject to, and have the protection of, HASAWA
Is this a valid analogy?
Laurie
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Posted By David Edward Partington
I agree that section 3. of the Act would apply. However, a much easier arguement would be the Tort of Negligence - an owed duty of care. If one of your chaps accidently chopped off someones head (extreme scenario)and their family started proceedings. What would your organisation's defence be against a claim of negligence?
Clearly RAs that identied procedures, training and practice would be of some help. Therefore organise your group as though they were employers and in all probability the effect of RA should mean that you are not in a position of the above scenario and if you were then you would have some defence, as you would be able to demonstrate how you managed HS and how it was an integral part of your activities.
Regards
David.
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Posted By Richard Fisher
John,
I belong to a Living History Association that carries out portrayal of the WW2 period using armoured vehicles and firearms. Some of our events are very high profile as well and on many occasions one of the things we are first asked for is a copy of our Health and Safety Policy.
The committee has accepted its HASAW responsibilities as it were an employer (for some events we do actually get individually paid for attendance) and has produced a comprehensive policy document and series of risk assessments. A Health and Safety Officer sits on the committee bench and each unit has a health and safety unit liaison (the association is made up of a number of units portraying different nationalities and arms of service).
I would be quite happy to give the contact details for the H&S Officer and he may be able to advise further. I am sure that he would send you a copy of our policy document as well.
Hope this helps,
Richard Fisher
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Posted By Ken Taylor
The HASAWA places duties upon employers, employees, self-employed persons, persons in control of workplaces, etc. However, the terms 'employer' and 'employee' seem to be quite widely applied as far as health and safety law is concerned and I would expect an organisation of the type you describe to be considered an employer. As David mentions above, you would also have Common Law duties of care and, at times, occupiers liability. I would rather be seen to be following HASAWA than attempting a defence of its non-application in the event of enforcement action, prosecution or civil action.
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Posted By John Caboche
Thanks to all for your input, the ammunition will prove useful (if you'll excuse the pun)
Richard I have mailed you, thanks again
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