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#1 Posted : 18 October 2004 13:09:00(UTC)
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Posted By Kim Sunley We have a small network of employees (mainly managers) who have put their names forward as 'volunteers' in the event of a major disaster/serious incident within our locality...the city of London. The skills they are volunteering are varied but on the whole related to their day jobs e.g. driving, help with dealing with media, first aid, security management etc. I have been asked to give advice on the status of these volunteers in relation to personal liability should they have an accident or give inappropriate advice/treatment. Not sure whether vicarious liability would apply as it does with first aiders who are trained volunteers within the workplace. All volunteers are aware of the relevant emergency plans within the locality, have had some training on the emergency planning process and input into the local planning committee. Any thoughts appreciated.
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#2 Posted : 18 October 2004 13:27:00(UTC)
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Posted By Paul Leadbetter Kim On whose behalf would they be working as a volunteer; the City of London Corporation, yourselves, or...? Paul
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#3 Posted : 18 October 2004 13:46:00(UTC)
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Posted By Kim Sunley Paul For us (the PCT) but would be acting as part of the overall plan which brings in many agencies (neighbouring local authorities, LFCDA, LAS, acute trusts etc.). They are volunteering to be the first responders whilst we get the other wheels in motion. I think the answer is that vicarious liablity would apply so long as they are doing what they are routinely employed to do (it's just that they could be doing it out of normal working hours and out of goodwill).
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#4 Posted : 18 October 2004 15:13:00(UTC)
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Posted By steve e ashton Kim, It may cause some reluctance in potential volunteers if it appears they will not be covered by their employers' insurances (public liability / employers' liability, professional indemnity...) I suggest you query this with your insurers, and if they are agreaable, put a codicil into each volunteer's job description to the effect that they may occasionally undertake duties associated with their role as volunteers under the emergency plans in place. Make it clear to everyone that whilst they may be doing something not part of their routine duties, they are undertaking the 'volunteer work' in the course of their employment... Unless, of course, you plan to dock their wages whenever they are absent from work on emergency duty? Or insist they take annual leave to cover.... In which case you may find it even harder to get volunteers.... In a previous Local Authority, we required all volunteers to be covered by their employers' insurances and to be paid for the periods they spent in contingency training and in any actual incident. For managers, this generally meant allowing time off in lieu where appropriate, for manual workers, it included an element of paid overtime. Hope this helps Steve
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#5 Posted : 19 October 2004 11:05:00(UTC)
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Posted By Liam Nolan Hi, Just a thought, when I did my Occupational First Aiders course, I asked a similar question - If I am involved in giving first aid, and the injured party dies, would I have some liability? The answer given to me was No, not if I apply my training. Would this not be the same? If they carry out any duties that they volenteer to do, something that they are competent to do, and they carry out these duties competently, then they would not be open to liability. For instance if there was an emergency and a fireman was required, you wouldn't want the postman directing operations (unless he was a part time fire officer). No you would want a competent person with the training and ability to do the best they can.
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#6 Posted : 19 October 2004 17:17:00(UTC)
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Posted By Laurie Liam The key phrase in your response is "carrying out these duties competently". If a baker uses a tablespoon of salt instead of a teaspoon we would end up perhaps with some salty scones. If a doctor uses milligrammes instead of microgrammes we would end up perhaps dead. Are either, neither or both carrying out their duties competently? It is this which keeps the lawyers in business. We are all human, but unfortunately these days a genuine simple mistake is seen as gross negligence for which somebody must pay. Laurie
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#7 Posted : 20 October 2004 08:25:00(UTC)
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Posted By Kim Sunley Thanks to those of you who have helped by confirming my thoughts.
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#8 Posted : 20 October 2004 13:34:00(UTC)
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Posted By Edward H For any matter relating to emergency planning / preparedness I would seriously recommend speaking with the information centre at the government Emergency Planning College at Easingwold, Yorks [www.epcollege.gov.uk ] They have a comprehensive library of guidance and papers and I am sure will have dealt with this type of concern before.
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#9 Posted : 20 October 2004 14:08:00(UTC)
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Posted By Bill Elliott Kim - as a PCT are you not covered by the NHSLA - the LTPS Scheme (liability to third parties) details should explain this but a question to the NHSLA will clear it up for you.
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