Good Morning, this is my first time posting on IOSH so hoping I have chosen the correct forum to post in. I have recently sat my NEBOSH GC exams so I am more aware of H&S than I ever have been before, admittedly this makes me quite keen to do the right thing as there are things I am aware of now!

Alongside my day job in events I am also working on a project as a volunteer for a one off live music event for an organisation.  The organisation is run by three individuals and has a number of contractors and volunteers helping to pull the event together.  The event is expected to attract around 750 people.

So my observations & questions -

1. Due to the fact there are only 3 employees of the organisation, health and safety policy and risk assessments are not required to be recorded and written down.  However, does this change in this scenario where an event with members of the public, contractors, volunteers etc are in attendance?

2. Regardless of the number of employees, I feel it would show due diligence to at the very least have a Safety Plan (following CDM regs and detailing emergency show stop procedures, welfare information and competent person information).  In addition I feel it would be better to record the risk assessments and have them in the file as well.  Would you agree?

3. Within the events industry, specifically when loading in/out and during the setting up of marquees, stages, exhibitions etc the minumum PPE required is usually protective footwear, gloves and hi vis vest. 

For our event, any contractors and their subsequent employees would be wearing PPE provided by their own employers, but I have been researching information regarding PPE for volunteers and have found the information to be very scarce. 

HSE Guidance for PPE (L25) says (in reference to application to non - employees "Although these regulations do not apply to people who are not employees, for example voluntary workers, children while in school, students at university and visitors to worksites; there is provision within section 3 of the HSW Act that requires every employer to ensure, so far as is reasonably practicable, that persons not in their employment but who may be affected by the work are not exposed to risks to their health and safety. If employers are required to provide PPE to comply with a section 3 duty, by following the requirements of these regulations they are likely to do so, for example having a stock of hard hats, hi-vis jackets or disposable overalls for the use of visitors. The regulations do apply to trainees and students on work experience programmes".

The risk assessments will certainly flag up manual handling hazards that can lead to injuries to hands and feet by dropping equipment or falling objects during the unloading of vehicles etc before erection begins.

Therfore, in order to comply with section 3, am I correct in thinking that some PPE provision should be made in this instance?  Or is it ok, to ask the volunteers to provide their own PPE in order to be involved?  Referring to the above quote from L25, the computation between the risk of a volunteer hurting themselves and the cost of providing steel toe cap footwear is relatively low and would therefore be reasonabily practicible, however when you multiply that up and start to have 20/30 volunteers all helping, it would get quite expensive and would not be reasonabily practicible.  What are your thoughts?

Thank you in advance and I look forward to replies.

Just to add that the guidance provided to Fire safety Enforcers states- in relation to the definintion of an employee............

‘Employee’ – “means an individual who works under a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing), and related expressions are to be construed accordingly; see also sections 11(3)(a), 12(2) and 13(3) (which apply for the purposes of section 2);”10 [An express contract is one in which the terms are stated in words. An implied contract is one in which the existence and terms are manifested by conduct.]

A judgement may have to be made about ... “the status of volunteers, as in the case of many charitable organisations who use them to operate their shops and raise funds. Where such persons are involved a reasoned judgement should be made about whether there is a form of employment contract (written, oral or implied). It should be borne in mind that payment is not necessary for a contract to be valid. It is usual for there to be a form of recompense for a service provided but the form of recompense can vary significantly. Some volunteers may therefore need to be considered as employees.”11 In cases of doubt legal advice should be sought.

Where persons are termed an employee, they will be subject to all the relevant articles as they apply to employees.