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Posted By terrymullins Hi All, Can anybody tell me what rules apply to charity's for Health and Safety I am involved in doing some voluntary work for a charity and talking to the chairman the other day he said that they were exempt. The charity employees over 50 people my understanding was all companies of this size would have to have a health and safety policy and management system in place regardless am I right or are their special rules for charities and if so where would i find them. I would be grateful for any feed back you can email me at tmullins20032003@yahoo.co.ukThanks again, Terry.
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Posted By Paul Leadbetter Terry You could start with the charities safety group: http://www.csg.org.uk/My understanding is that the trustees are the employer and they are as liable as any other employer if anything goes wrong. I would have expected the trustees to be made aware of this before they took on the role. There is guidance available from the Charity Commission. Paul
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Posted By tulsa Mclain
Hi Iam a voluntary worker and have been for 26 years. I believe that Volunteer still come under the HSAW1974 So the org has a duty of care to to volunteers. This is the advice that I got from the HSE info line when I was asked.Hope
this helps
NVQ4 OSHP
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Posted By Stuff4blokes
When charities are employers they owe the same duty of care to their employees as do all other employers and are subject to the same H&S legislation.
Volunteers also have protection under H&S laws as do any service users.
The statement that charities are exempt is wrong.
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Posted By water67.
Hi, as has been said charities are not exempt. More worrying is the apparent ignorance of H&S responsibilities by the senior person.. assuming they are not just blustering.
Cheers.
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Posted By Bob Thompson CMIOSH
Hi Charities have the same responsibilities as any other company/buisness weather they have paid employees or not. The HSE publishes very good guidance in respect of this, there is also a good training package including video called health and safety in the charity and voluntary sector
Hope this helps Bob
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Posted By J Knight
Hi Terry,
Charities are not exempt in any way. I am Head of H&S for a national charity, and I have a team of four qualified advisers working for me. We provide safety advice and support for our 3,500 employees, and most pertinently, the 5,000 people who give their time voluntarily. I have worked in a H&S capacity for 3 charities in succession for over 10 years, and I have been personally involved in investigating incidents which have resulted in enforcement action, and I am aware of charities being succesfully prosecuted; there is no doubt in my mind that LAs, HSE and the Courts regard us as employers first and charities second.
The person you refer to is misguided, and his belief if acted on would put the charity you are working for at serious risk,
John
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Posted By John Packer
Hi All,
I am a member of the committee of small charity and this is a question we see raising its head on a near annual basis. Having investigated this a few years back and having spoken to the HSE it would appear that the answer is dependent on whether or not the charity can be classified as an employer. If so much as one person receives reward for their services (including accountants and auditors)then the charity is considered an employer and all its members/volunteers/paid employees are owed the duties that any other employer would owe. However, even if the charity is not considered an employer (and therefore not subject the HSW act and the consequent regulations) the controlling minds of the organisation would still have a duty of care to its members and significant others under common law and other legislation.
In short, even if you don't come under the act, act as if you do (and query the motives of those who don't want to). If your charity grows to a point where you exceed £10kpa turn over and you have to start employing accountants and auditors it will be an easier transition if you already have an H&S management system in place rather than suddenly having to introduce one.
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Posted By J Knight
Hi Terry,
Accepting John P's caveat, your initial post talks about 50 employees; my comments apply to any Charity which is an employer, the law does not differentiate,
John
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