If your organisation has at least one employee, or if you are self-employed and employ others, you will have duties under health and safety law. This means you must protect your employees but also others, including volunteers, from any risks arising from your work activities.
When health and safety law applies
- The Health and Safety at Work etc Act 1974 (HSWA) protects employees and others who may be affected by work activities. This includes those volunteering for, or on behalf of your organisation. It is enforced by HSE or the local authorities depending on the location and type of the activity
- You must include volunteers, as well as employees, in your risk assessment to identify significant risks and implement effective control measures.
- You should provide the same level of protection to volunteers where they carry out similar activities and are exposed to the same level of risk as employees.
When health and safety law does not apply
In most cases, health and safety law does not apply where volunteering does not involve an employer. However, there are some exceptions, such as where a volunteer:
- is in control of non-domestic premises, such as a village or community hall
- procures or controls construction work, for example if a village hall management committee employs a builder to carry out renovation work
When civil law applies
- If you have volunteers carrying out activities for your organisation and you have no employees, then health and safety law will not normally apply to you. However, you may still have duties under civil law.
- Under civil law, voluntary organisations and individual volunteers have a duty of care to each other and others who may be affected by their activities. Where something goes wrong, individuals may, in some cases, sue for damages using the civil law if they are injured as a result of another person’s negligence.
Include volunteers in your risk assessment
- As an employer, you must carry out a risk assessment to identify significant risks to volunteers, as well as employees, and implement effective control measures.
- You should provide the same level of protection to volunteers where they carry out similar activities and are exposed to the same level of risk as employees.
You must consult employees and should also include volunteers in a two-way process to allow them to raise concerns and influence decisions on managing health and safety.
C&C Consulting Service provides practical advice and support on the production of risk assessments, to maximise hazard identification and the application of suitable and sufficient control measures for many workplaces including those that maybe staffed by volunteers.
Managing risks to volunteers
Most health and safety law set out measures employers should take to protect employees. However, your preventive and protective measures should reflect the individual risks both employees and volunteers face in their respective roles.
Good health and safety management is not a barrier to volunteering. It should help enable volunteering roles to be carried out safely and effectively. Risk assessment is not about eliminating all risk or generating a lot of paperwork, it is about taking practical steps to protect people from real harm.
Risk assessments should be sensible and proportionate to the level of risk involved in the activity. A sensible approach means focusing on significant risks with potential to cause real harm and suffering.
Many of the activities carried out by volunteers will be low risk. However, volunteers may also be involved in higher-risk activities such as:
- working at height
- construction and/or demolition
- using machinery
- lone working
- Arboriculture activities
- Horticultural activities
- Public land and/or water management
Where the risk is higher, your risk assessment should be proportionate and consider the additional hazards that volunteers and employees may be exposed to.
Factors to consider if you engage volunteers
- Plan and prepare your activity effectively so you know how volunteers will be deployed
- Make sure your volunteers are covered by your insurance policy
- Match the task to the individual by checking they have the capability to do the activity
- Make sure effective supervision and monitoring arrangements are in place
- Make sure accidents and near misses involving volunteers are recorded and followed up
Training and equipment
- Volunteers must be provided with the right information, instruction, and training to make sure they can carry out their activities safely. You should provide a full induction, including information on hazards they may be exposed to.
- Provide appropriate tools and equipment (including personal protective equipment where required) and ensure volunteers are trained to use them safely. Ensure tools and equipment are regularly maintained and safely stored after use and advise volunteers to report any damage or defects promptly.
When to report incidents involving volunteers
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) require the responsible person to report certain incidents involving employees or those affected by their work activity, including members of the public and volunteers.
The responsible person can be the employer or the people in control of the premises.
Incidents involving volunteers are only reportable where the accident arose from a work-related activity and:
- the incident resulted in a fatality or,
- the injured person was taken directly from the scene of the incident to hospital for treatment.
Examinations and tests do not qualify as ‘treatment’ and there is no need to report incidents where people are only taken to hospital as a precaution.
Incidents involving volunteers where there is no work activity are not normally reportable.
The requirement to report over-7-day injuries only applies to employees, not volunteers.
Examples of incidents involving volunteers
Not reportable
- A volunteer in a charity retail injures their back while lifting a heavy object but they are not taken to hospital for treatment, even if they were unable to return to their duties for 7 days or more
- A blood-bike volunteer suffers multiple fractures after being involved in a road traffic accident and is taken direct to hospital. Injuries on the public highway are dealt with under the Road Traffic Act (RTA) so are not reportable under RIDDOR
- A volunteer litter-picker for a local community group (with no employees) sprains their ankle on uneven ground and is taken to hospital for treatment. The incident is not reportable as there is no employer and no work activity
Reportable
- A volunteer on a farm amputates their finger while using heavy machinery and is taken direct to hospital for treatment
- A volunteer assisting at a fund-raising event run by a charity which has employees, breaks their foot when struck by a heavy falling object and is taken to hospital
- A volunteer suffers fatal injuries following a fall from height while carrying out roof maintenance work on behalf of a church
