Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
DGT1973  
#1 Posted : 16 March 2014 21:45:23(UTC)
Rank: New forum user
DGT1973

Evening everyone, I have been asked to get involved with the possible take over a council library to a community volunteer library. This is basically the take over of running the day to day library service but only being an occupier of the council building. Of course I am fully aware of OLA 1957 and many other legislations that applies in this area but feel that I maybe missing other possible H&S issues that may arise when dealing with general public having use of a volunteered run council building. My question is this: Is anyone aware of H&S issues that have arisen within the current volunteer community libraries or possible concerns that may arise? Any help greatly received Dave
stevie40  
#2 Posted : 16 March 2014 23:19:37(UTC)
Rank: Super forum user
stevie40

Aside from the usual H&S requirements such as manual handling and fire risk assessments, you will need to consider the following. 1) New EL and PL insurance covers will be needed. 2) see if you can register as a charity. You will need to cover operating costs such as insurance, book replacements, maintenance, internet and phone costs somehow and I suspect overdue fines alone won't cover it. 3) Safeguarding issues for children and vulnerable adults. Staff will have contact with service users in these groups, possibly on a one to one basis if the library is not busy. DBS checks are free for volunteers. 4) Will you be sole tenant in the building or will council occupy other bits of it? Take legal advice before signing a full repairing lease that requires you to maintain building electrics and building fabric for instance.
Zyggy  
#3 Posted : 17 March 2014 09:13:44(UTC)
Rank: Super forum user
Zyggy

Dave, In my experience, many libraries attract anti-social behaviour ranging from youths who have no better place to go, to individuals who can be verbally aggressive or indeed physically intimidating. Ideally, your volunteers should have some form of instruction/training on how to deal with these situations, & essentially, knowing when to seek help (you might try liaising with your local community bobbies). Good luck!
DGT1973  
#4 Posted : 18 March 2014 11:46:18(UTC)
Rank: New forum user
DGT1973

Thanks everyone for the help, I have a few more things to think about now. As always thank you and be safe... Dave
bob youel  
#5 Posted : 18 March 2014 14:03:06(UTC)
Rank: Super forum user
bob youel

U also inherit the environmental duty holder areas as well
Phil Grace  
#6 Posted : 19 March 2014 13:13:04(UTC)
Rank: Super forum user
Phil Grace

Interesting scenario - and truth is I have no idea. But I'm unsure that a group of volunteers with one person who has list of names/contact numbers is a body that could end up in firing line. There are similar (stress similar) circumstances with a social club. But here there is an entity that owns the building and a committee that administers the dealings of the club. It is common to take out insurance along the lines that the "insured body" is "The committee for the time being... etc" I think I'd ask the Local Authority in the first instance. It may well be that they would remain the duty holder under Occ Liability Act and continue to retain the environmental responsibilities. I would bet that the volunteers have no budget/funds for building upkeep. To expect all these legal duties to pass to a group of willing volunteers seems a step too far. But with devolution of so many previously LA activities it is an area that needs addressing more widely - perhaps some clear guidance from someone..!!. Phil .
Phil Grace  
#7 Posted : 19 March 2014 13:32:45(UTC)
Rank: Super forum user
Phil Grace

Quick web search reveals there may well be many different models of community libraries. For example in one case the departing library service passed across equipment and many (older) books, plus a cash grant and the local council allowed use of premises at peppercorn rent. A charity was set up and that is thus a legal entity, has duties and requires insurance. In other cases it looks as if local library service simply let volunteers run the library thus saving on staffing costs. Phil
DGT1973  
#8 Posted : 19 March 2014 14:24:24(UTC)
Rank: New forum user
DGT1973

Again, Some great points coming across, thanks everyone... Dave
bob youel  
#9 Posted : 19 March 2014 14:38:25(UTC)
Rank: Super forum user
bob youel

Re guidance re volunteers I have spoken at length to various enforcers and insurers over the last 6 months especially but the information coming back is not great noting that the use of volunteers is growing dramatically and many well wishers do not know just what they are taking on Landlord duties: It is true that many LA's are technically landlords but that area is also grey in many places when it comes to volunteers Volunteer status: The area is extremely grey when it comes to volunteers who are not part of charities
Phil Grace  
#10 Posted : 20 March 2014 11:34:53(UTC)
Rank: Super forum user
Phil Grace

Bob, Agreed there is some "greyness" regarding volunteers but I think what needs to be done is pretty clear. Here (http://www.hse.gov.uk/contact/faqs/charities.htm) the HSE points out that H&S law applies down to level of a single employee. Elsewhere the HSE states that volunteers should be regarded as employees and thus subjected to (be entitled to?) risk assessment, training etc just as a normal employee. So, leaving aside the charity committee type group (without a single employee) most scenarios are covered - the "normal rules" apply. And of course under civil law it is more than likely that a volunteer would fall within scope of the master/servant test and thus be deemed to be an employee. Those insurers that provide Employers' Liability cover recognise this and the policy definition of "employee" is extended to include workers that are hired or borrowed AND volunteers. Phil
DGT1973  
#11 Posted : 20 March 2014 11:45:26(UTC)
Rank: New forum user
DGT1973

Thanks to both Phil and Bob and everyone else. This has given me many good points to raise at the next meeting with council. Even more has made me think how much I would need to get involved...# Thank you... Dave
John(txic)  
#12 Posted : 20 March 2014 15:32:04(UTC)
Rank: New forum user
John(txic)

DGT, It'll all come down to how the Council foresee their involvement here in the new arrangement. If it's a case of "we can't afford to staff it so will you run it for us", it's not so bad. You shouldn't need your own insurances as Volunteers are/can be treated as employees for the purposes of EL and PL insurances. If it's a case of "we were going to shut it - but if you think you can run it, it's all yours" then I would tread very carefully. Zyggy wasn't joking when he made his point...
Users browsing this topic
Guest (2)
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.