Rank: Super forum user 
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Having just attended an offroad event in Wales I was chatting to 1 of the organising team. And chatting about the marshals and where the duty of care started and stopped and what training they received.
I said that because the marshals were there acting on their behalf, that they had duty of care completely for them. Reason being, the event raised money for charity, competitors paid to enter so it would be classed as a business. Anyone offer a different opinion?? So if the event wasn't taking place the volunteers wouldn't be walking around Welsh hills in the rain.
He said because it was a motorsport the line of Duty of Care was in a different place. My main point was that they had a tree surgeon on call to remove big tree/logs from the course. But he was seen operating with no PPE. I said that the organisers should of stopped him operating until he was dressed apropiately. Plus there were occasions I heard overr the radio safety net that others had picked up his chainsaw and cut small logs to save him the effort of travelling several miles to the specific tree.
As I'm not part of the organising team, I had no juristiction. I voiced my concerns but couldn't enforce anything. What would everyone else of done? And do marshals at motorsport events come under a different level of Duty of Care?
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Rank: Forum user
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If the charity has an employee then they are an employer and the HSWA applies - volunteers are covered by section 3 of the Act. If there are no employees then there may well be a civil duty of care that applies.
http://www.hse.gov.uk/voluntary/when-it-applies.htm
The Motor Sports Association has health and safety guidance and the marshals should be trained.
The HSE has also produced guidance.
http://www.hse.gov.uk/pubns/priced/hsg112.pdf I am the events secretary for an unincorporated national motorcycle club - no employees (600 members with 1970's Japanese bikes) we have rallies (camping) and road ride outs (not racing). When I took up the post there were no proper arrangements in place with regard to general health and safety or fire. I explained to the other committee members the risk in terms of personal liability as committee members and we have subsequently produced guidance for event organisers and rally marshals. The club now carries out risk assessments and fire risk assessments, provides first aid fire fighting equipment, first aiders and first aid kits and briefings for marshals. We built on the common sense that some of our local organisers had already been doing. We also made sure that our insurance was up to date and covered the activities we carry out.
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Rank: Super forum user
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Many thanks for the wise words. Although they raise money for charity they do run other events throughout the year that don't.
I think I'll not mention it again, if the MSA have rules and regs laid out then I'd imagine thay would be compliant as the event organisers are MSA affiliated.
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