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Posted By Mitch
A colleague is involved with a local theatre, the theatre is run on an entirely voluntary basis and has no employees. The theatre management committee own a (licensed!) scaffold tower. During the day some of the volunteers have been erecting the tower excluding the stabilising legs and using to access the roof. They have not been wearing the safety harnesses provide and have carried out no assessments and a refusing to do so. What is the legal position of the theatre committee in these circumstances?
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Posted By Robert K Lewis
Parlous
Bob
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Posted By steven bentham
Mitch
Easy: if the theatre management committee employs any person at all then the Health & Safety Legislation applies in full.
Thus the volunteers are owed a duty under this act.
This requires supervision of volunteers, training and correct equipment for them to use. Many voluntary groups use theatres and they all are subject to the same legal requirements.
You might want to check the information on towers and the manufacturers instructions on the scaffold tower about the safe use.
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Posted By Mitch
The theatre in it's entirety is run and maintained by volunteers and has no employees. I have recommended that they apply H&S legislation as if they are an employer as good practise but the specific question I have been asked is what is the legal standing of the controlling committee (members)?
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Posted By steven bentham
Mitch
If you are absolutely sure there are no persons employed - then the controlling committee (members) have not duties under HASAWA.
[However, manslaughter still applies, civil action for damages can still be sought].
My advice would be to apply the safety controls fully as if they were a good employer; and you can't go far wrong. After all a tower is easily sorted.
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Posted By Paul Duell
I've been asked similar questions to this several times, I give a lot of H&S advice to local community groups.
My answer is: If you were an employer, you would have to give HASAWA-mandated levels of protection to your employees and volunteers.
Now imagine yourself in a coroner's court being asked the question "Why did you consider Mr Smith to be deserving of lower levels of protection, just because you're not an employer?" As has previously been said, treating your volunteers as if you were an employer has to be best practice and I'd be very uncomfortable doing any less.
That said I know most voluntary groups don't have the same exposure to risk as employers (They don't do the risky tasks as often, etc), and I'm very careful to explain about controls being proportional to the risk level etc. I don't want to be the bad guy in a bonkers conkers story!
Having wandered all round the subject, to answer the original question - if one of the volunteers was injured, their solicitor probably wouldn't mess around with Tort Breach, as it would be difficult to establish a statutory duty as already outlined. However, negligence is negligence and the controlling body of the organisation (probably the committee) would be in the frame.
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Posted By Julian Wilkinson
HSE considers 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.
Somewhere along the line there will be an owner of the theatre whom I would suspect will be accountable for any health and safety incidents particularly if they are organising the volunteer works.
By the way is there any insurance?
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Posted By Mitch
I think you have all confirmed my initial thoughts, best practise would be to apply controls as an employer, thanks for all your comments and help.
Regards
Mitch
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Posted By cathal
Hi mitch
are you aware of the Health & Safety Guidance Notes HSG 192 Charity & Volunteer Workers-A guide to H&Safety @ Work it is very imformative and gives case history of previous incidents and checklists which may help you. May be Purchased from your local TSO Bookshop
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