Many organisations rely on the support of volunteers to function properly. They make an invaluable contribution across many sectors, completing a wide range of tasks. Sometimes, meeting health and safety requirements is seen as a barrier preventing people from volunteering. This shouldn’t be the case. However, you may have to think about what precautions are needed to protect them from danger.
Managing volunteers: understanding health and safety law
Naturally, you will want to make sure that any volunteers are kept safe. Legal responsibility to do this arises from:
Under civil law, voluntary organisations and individual volunteers themselves have a duty of care to each other and those who may be affected by their activities. Where something goes wrong, individuals may, in some cases, sue for damages as a result of another person’s negligence.
To be successful, the injured person must show that the defendant had a duty to take reasonable care towards them, and they have suffered the injury through a breach of that duty. They must also show that the type of loss or injury for which damages are being claimed was a foreseeable result of the breach of the duty.
It is important to note that in civil claims, volunteers who have significant knowledge about how to complete tasks safely already (say, as a result of their normal occupation) may be viewed differently. For example, where a painter or decorator volunteers to carry out such an activity, they may well be expected to know how to use a ladder safely. This will depend very much on the facts of each case.
In addition to the common law, there is also criminal (or statute) law. This is the written law of the land, consisting of Acts of Parliament or Rules, Regulations, or Orders made under them. Criminal liability can arise for failing to comply with these requirements, leading to prosecution, fines, and, in extreme circumstances, custodial sentences.
The main statutory legislation is the Health and Safety at Work etc. Act 1974, supplemented by more specific regulations made under it. The Act applies to any organisation that has at least one employee. It requires employers to protect their employees and volunteers, if they have them. In these circumstances, you should generally afford the same level of protection to volunteers as you do to any employees. For example, this may mean that you have to provide them with relevant information, training, or personal protective equipment.
It is also important to note that certain aspects of the Act may still apply to you even if you do not have employees. In particular, this would be where you control non-domestic premises used as a place of work or where you provide machinery, equipment, appliances, or substances for use there by others (for example, volunteers, members of the public). Here, you must take reasonable steps to make sure that these are safe. For example, if you were providing a ladder for use by volunteers, you would need to make sure it is free from any defects.
You may also have other, more specific, legal responsibilities. Examples include the need to complete a fire risk assessment, manage asbestos, or where you have construction work completed at your premises.
Typical hazards
Volunteers support a wide range of diverse activities, many of which are usually of low risk. However, volunteers may be involved in higher-risk activities. These include:
Managing the risk
Any action you take needs to be proportionate depending on your circumstances. This will reflect your legal obligations, the size of your organisation, the number of employees/volunteers involved, and the nature of the tasks involved.
If you are an employer, you may want to:
- seek the advice of your competent person
- include volunteers as part of your risk assessments, and plan activities accordingly
- implement suitable precautions to protect volunteers and others, based on any risk assessments you have made
- provide any necessary information, training, and supervision for them, matching tasks to individual capability
- provide personal protective equipment
- provide adequate first-aid facilities and arrangements for dealing with any accidents that should occur
- provide adequate welfare facilities
- periodically check that your precautions remain adequate
- keep any necessary health and safety records
- include your arrangements for protecting volunteers in your health and safety policy.*
*This list is not exhaustive.
If you are not an employer, you may want to:
- check that your premises are safe, along with any access to them
- make sure any equipment or substance you provide for use by others is safe
- ensure that any lifting equipment is properly installed, maintained, and checked
- take suitable precautions where you supply equipment for or are controlling people completing tasks at height
- plan events to identify suitable precautions
- think about any necessary precautions if tasks involve individuals completing them on their own.*
*This list is not exhaustive.
Want to know more?
HSE has guidance on Volunteering: How to manage the risks.
Other useful health and safety information is available in our risk management hub.
Note: if you are in The Republic of Ireland, Northern Ireland, Jersey, Guernsey, or the Isle of Man, then regional variations might apply. In this instance, you should check the guidance provided by the enforcing authority for your region. This will be freely available on their website.