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Volunteering your professional skills in the community
Rank: Forum user
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I have just joined a local charity that is keen to make use of my health and safety/environmental skills. The charity carries out practical work in helping to preserve amenities along a stretch of riverbank including preservation of the navigable river itself. What do I need to consider in respect to offering advice in my capacity as a member with specialist skills and knowledge? Any advice or similar experience? Please share.
Thanks, Linda
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Rank: Super forum user
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L what is your business/industry experience as dealing with volunteers inclusive of children working on 'an-others' [the LA / EA etc] undertaking is completely different to working in an environment where all are adults working for the 1 employer in a fixed place
This type of work can be very rewarding etc and it can be easy as the H&S principals are all the same as people are volunteering to be there as against pressed workers! ---- Too much paperwork can be off putting as well so balance is needed otherwise volunteers will 'walk'
Post to my 'in box' if U want as I undertake similar work
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Rank: Super forum user
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My viewpoint is that although you are volunteering as well as other they are still owed the same duty of care as if it was a normal business so you still need to have the mindset that everyone one volunteering is working for a company although unpaid. You may well need to look at professional indemnity insurance or find out if the charity will cover you under their insurance.
if an accident does happen and you where seen to give professional advice concerning the H&S side then you could end up in court so you need to make sure you have legal backing.
Phil
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Rank: Forum user
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Thanks Phil i will check to ensure that i would be covered by their insurance.
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Rank: Super forum user
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ideally most volunteering schemes should not present high risk to those taking part other than sore muscles in the morning. If you start getting into high risk (plant equipment hire) then this is when the charity should pay for competent contractors or look at those with the training and skills from there volunteer group.
Phil
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Rank: Forum user
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Linda G
This is quite an interesting post as the main criteria for the awarding of a fellowship within IOSH is the unpaid use of your skills within the community and how you raise awareness of both H&S and IOSH outside the scope of your work.
I have experience of this type of assistance- at the time when I started I also looked after product/civil and employee liability within a n organisation and asked the same type of question that Phil and Bob posed regarding liability. The lawyers at that time noted first that volunteer organisations do not have employees so therefore are not subject to any of the legislative framework.
Secondly I was advised to input any opinions as part of a committee within the organisation so that you are not directly imparting advice as such. A good example of this was when a local football team had a fun day. The committee at my suggestion - even though not required under law undertook risk assessments and check lists. We did them collaboratively as the committee rather than myself as any type of "adviser"
One thing I was able to advise on was the requirement for the rides to have records of maintenance - an up to date ADIPS certificate from the local authority, and that they were in possession of liability insurance. We refused two "bouncy castles " of the insurance issue.
Therefore as Phil notes - if there is an accident the club - as a body - should be seen to have taken all "reasonable steps" without putting yourself in the firing line.
Good luck anyway - its a good way to pick up experience and it counts for fellowship.
Martin
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Rank: Super forum user
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The lawyers at that time were wrong and personal liability does exist so being part of a committee today is not as 'bullet proof' as it was; but thats lawyers for U as its not they who will be in the dock!
All that said its a good thing to do
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Rank: Super forum user
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I agree and disagree with Bob.
There are many volunteers who are quite clearly working for an employer (think about any of the charity shops on the high street) where H&S legislation will quite clearly apply. Then there are many small organisations (parents associations as an example) where there is no employer and so the "criminal" H&S laws will not apply.
In all situations the organising body will have civil duties of care.
Brian
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Rank: New forum user
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This is prompting some good discussion.
I've worked for a National Charity that has hundreds of volunteers. They are treated exactly the same as paid staff, with the provision of information, instruction, training and supervision. They have a line management structure and need to follow the company line. This all sounds very harsh, but it is all in the way it is managed.
Also as a Scout Leader, I've undertaken many a risk assessment from day to day activities to a District Camp with 900 plus young people and adults also Fire Risk Assessments of the HQ. Just need to work within the policies and rules for the organisation - simples!
However - I also undertake one day first aid training for Adult Scouters, Guiders and anyone else in the voluntary sector I can help out (I do not charge for this work), I do this under an umbrella training provider and for this I have personal liability insurance. It is not too expensive and I see it as helping put something back into the community.
It sounds very simple but my examples above have links with National 'formal' charities and all that goes with them such as policies, procedures and insurance. I know many Safety colleagues who to voluntary 'safety' work from Local fairs and carnivals, Christmas lights in the high street to work in Convents even.
I think the important part for Linda, is to not take on too much, take the stance of guiding those with the responsibility through the assessment process. Assist them with writing their own policies and procedures, don't be too risk adverse, don't be an old fashioned floors, walls and ceilings Safety Officer and most of all, enjoy what you are doing to help your community to achieve what it wants to achieve as safely as they can and within the limitations of your experiance and knowledge.
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Rank: Forum user
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Hi Bob
I would be really interested in any specific case law relating to anyone who has ended up in a "civil" court as part of a committee at a voluntary event.
I would be even more interested in "criminal" case law where someone has been deemed to be an employee by the CPS when they were undertaking a voluntary charitable service in the community.
I will then be able to look them up.
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Rank: Super forum user
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Rank: Forum user
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Hi Brian
No the link is an article in SHP about a volunteer leaving a voluntary Organisation because of safety concerns. What I was after was a case law (precedent if possible) that highlights a case where a committee member has been taken to court in the civil courts for a combined safety related decision that resulted in that person falling foul of any tort.
Alternatively a case (precedent if possible) where a committee member of a voluntary organisation has been taken to court in the criminal courts for a combined safety related decision that resulted in that person being prosecuted by the CPS for a breach of duty.
I actually do not "think" that there is either - there "may" be a liability issue here but there is no case law to substantiate the statement.
There may be lots of case law regarding the liabilities of the charity organisation, groups or clubs but thats not the issue, there is none linked to individuals or committee members as such who have worked together to ensure safety.
This myth is then self perpetuating and puts practitioners off helping for free in the community.
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Rank: Forum user
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HI Guys,
Great thread again, under civil law you can be held separately liable for your advice should an accident occur and there can be a direct link. I have been involved with the Princes Trust and one major point of clarification was insurance. I am happy to provide my Professional Indemnity Insurance and PL for my benefit. My advice would be to keep in mind you are the Professional and it is your advice that is being sought - so make sure you get the PI & PL in place.
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Rank: Forum user
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Thank you all for your feedback, i shall certainly now be involving the small committee in the risk assessment process and shall aim to provide guide and support rather than undertake it all myself; and fear not my response will never be "can't do that" but rather "how can we achive what we need to in the safest manner"!
Thanks again, Linda
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