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employees vs volunteers-duty of care and health and safety
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Posted By Katiem
Hi there folks,
these are scenarios, for information purposes not situations. It's a bit of a long one, but please bare with me. Thanks.
Looking at the role of volunteers, specifically staff volunteering out with their normal role.
E.g.: an employee volunteers to come in to work to help with some admin(unpaid), ends up shifting heavy filling cabinets.(this would not be an expection of other volunteers as they would not necessarily have manual handling training for example)
Or
E.g.: a member of care staff (off duty) volunteering at a coffee morning, assists a service use (moving and handling) to go from their wheelchair to a seat.
Volunteers are not expected to carry out care functions, nor would they necessarily have full client handling training so there is not a need to move service users,
What would be the line here? Would an off duty member of staff be covered if an accident were to occur (where would liabiliy lie etc)?
There is of course a distinction between whet is the expectation in respect of the employee (under contract) and what is the role of a volunteer (no contract), also baring in mind the duty of care place on employers regarding the health and safety of volunteers.
Thoughts anyone? Many thanks in advance for your considerations.
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Rank: Guest
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Posted By Ashley Williams
Katiem,
Where any organisation has at least one paid employee, it is considered to be an 'employer' for the purposes of the HSW Act and the regulations made under it.
The Management of Health and Safety at Work Regulations 1999 place a duty on both employers and the self-employed to assess the risks to employees and anyone else (e.g. voluntary workers, clients and customers) who may be affected by the work activities being undertaken.
As a result of this assessment, appropriate preventive and protective measures have to be taken to reduce the risks identified if they are not being adequately controlled at present. Some of the regulations describe specific protective and preventive measures that have to be taken in certain circumstances or when undertaking particular activities.
In general, the same health and safety standards should be applied to voluntary workers as they would to employees exposed to the same risks. However, if the risk assessment shows that the risks to voluntary workers are different, the preventive and protective measures taken should reflect the different risks.
It is well known that the HSE and Local Authorities consider it good practice for a volunteer user to provide the same level of health and safety protection as they would in an employer/employee relationship, irrespective of whether there are strict legal duties.
HSG192, Charity and voluntary workers : a guide to health and safety at work, (ISBN 0717624242) provides further info.
Regards
Ash
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Rank: Guest
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Posted By Katiem
Thanks for this Ash,
It is clear what the role of employer is regarding volunteers and also employees. But there are grey areas in the scenarios I illustrated given an employee working off duty (unpaid)though still protected by the same rights as employees, as a volunteers where the expectations of their role is vastly different.
They would not be expected to carry out specific functions an employee would how has been through specific training (though indirectly they are as they're an employee)
for example:
my work is running disco for local kids, I go to help out with food. The lights fuse and as the works spark I have a look. Now, I'm off duty and as a volunteer, I'm not expected to do anything with electrics (it's not in my volunteers agreement) but I have a bash and end up injurying myself. Where does the responsibillity and liablity lie?
Conversely you would not expect another volunteer to have a look at the fuse box is they say "hey, I'm not bad at this sort of thing, lets have a look".
Of course risk assessments would be in place etc etc. I'm just trying to tease out this grey areas so staff that will perhaps volunteer know what the boundries of their role lie and where that fits in with employer "expections" and "obligations"
Phew....I think that hopefully discribes this one...thanks again Ash. I'm hoping that this illustration with clear things up.
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Rank: Guest
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Posted By Maggie Atterbury
Volunteers are unpaid employees, so an employee volunteering for extra unpaid work is covered by the same standards as if they were carrying out paid employment i.e. they should not be undertaking anything for which they are not competent - manual handling or minor electrical works etc - and the supervisor/manager should ensure that this is the case.
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Rank: Guest
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Posted By Ashley Williams
Katie,
you treat employees, volunteers and employee volunteers exactly the same as ultimately there is no real difference between them. If left alone the are all equally likely to do something they shouldn't.
Ash
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Rank: Guest
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Posted By Tabs
There is a little more to tease out I think...
You say in your last example that you are a 'sparks' yet you still injure yourself.
If the injury is due only to the negligence of yourself, regardless of responsibilities, you would probably find yourself jointly liable to a degree to be set by the Court. Possibly to the point of 100% and having to pay for repairs if you were not invited to undertake the task in the first place. (Torte of trespass)
If the injury was caused purely by the negligence of an employer, who had permitted you access, then you may find yourself getting judgement in your favour. (Sec 3 of HSAWA)
If the injury was the cause of a third party, not employed by either parties so far, they would probably carry all of the responsibility (even if they have no direct relationship e.g. the last volunteer to do repairs) and that is why house insurances used to cary 3rd party liability... don't know if they still do. (Torte of negligance, neighbour principle)
If martians were responsible for your injury, you can probably seek action under section 7 of the Mental Health Act.
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