OSH and volunteers
There can be confusion concerning how volunteers are covered by Occupational Safety and Health laws. This document is designed to help clarify how the Occupational Safety and Health Act of 1984 affects volunteers.
Contents
- Introduction
- Do OSH laws apply to volunteers?
- What are the duties owed to volunteers?
- What about volunteers who work in private homes?
- Do employers have to provide volunteers with training?
- Are volunteers who are paid for "out of pocket expenses considered to be employees?
- Are volunteers who are insured for "Worker's compensation" considered to be employees?
- What other information is available on volunteers?
- Further information
1. Introduction
The Occupational Safety and Health Act applies to:
- employers;
- employees;
- self employed persons; and
- persons who have control of workplaces (eg owners).
People who design, manufacture and supply equipment and substances for use in workplaces, and people who design and construct buildings are also covered by the Act.
The mining and petroleum industries and Commonwealth agencies are not covered by the Act, but by separate legislation containing similar requirements.
This information deals only with the Occupational Safety and Health Act.
2. Do OSH Laws Apply to Volunteers?
Yes, in many cases they do. However, coverage is limited to situations where there is a connection with work (for gain or reward, not unpaid work).
OSH laws are designed to provide protection to people who may be affected by activities associated with work. This is not limited to employees, but covers all people who may be affected by the activities of those, such as employers, employees and self employed persons, who are involved with the work.
Volunteers are people who may be affected by the work, therefore they are protected by the Act. However, volunteers are not employees. Therefore, major sections of the Act that focus on providing protection to employees do not apply to volunteers. In particular, Section 19 of the Act, which details broad, wide ranging duties of an employer to employees, is not relevant when considering volunteers.
Protection for volunteers comes from other duties under the Act. Employers, self employed persons and employees all have responsibilities to ensure their work activities do not harm others (including volunteers).
There are, however, many cases where a volunteer's activities have no connection with the Occupational Safety and Health Act and therefore the volunteer is afforded no protection under the Act. For example, where a club of private individuals (that has no employees) provides home help services in a private home where there is no employer, employee or self employed person working.
3. What are the duties owed to volunteers?
Employers
Under Section 21 of the Occupational Safety and Health Act, employers must, so far as is practicable, ensure people who are not their employees are not harmed as a result of the work carried out by the employer or his or her employees.
Volunteers are protected under this section of the Act. It also protects other people such as customers or members of the public who may be exposed to the work activity.
The Act does not list the particular steps an employer must take to protect the safety and health of volunteers. Section 21 is broad, but is limited by the reference to "so far as is practicable". This means reasonable measures must be taken, bearing in mind:
- the severity of any potential injury or harm to health;
- the likelihood of it occurring;
- how much is known about the risk and how to remove or control it; and
- the availability, suitability and cost of safeguards.
The action necessary to ensure the work does not harm the volunteer will depend on the circumstances of each case. Some volunteer activities are very closely related to the paid work activities undertaken by the employer and employees. In such situations, it would be reasonable and practicable for the employer to do things such as:
- make sure the volunteers know how to carry out their activities safely;
- ensure work areas under the control of the employer are safe; and
- ensure the work of the employees does not harm the safety and health of the volunteers.
The level of risk associated with the volunteer activity will also influence the action required. For example, an employer who uses volunteers to fight fires will have to take more extensive action to ensure that the volunteers are not harmed as a result of the work, when compared to an employer utilising a volunteer for a clerical task.
Self-employed persons
Under Section 21 of the Act, self-employed persons have the same duties to volunteers as do employers.
Employees
Section 20 of the Act requires an employee to take reasonable care to avoid adversely affecting the safety and health of other people through his or her action at work (or anything he or she fails to do). Employees therefore have a responsibility to ensure their activities do not harm the safety or health of any volunteers.
Persons who have control of workplaces
A "workplace" is any place where employees or self-employed persons work or are likely to be in the course of their work. It includes buildings, vehicles, aircraft, ships and outdoor locations such as forests and streets.
Section 22 of the Act places duties on a person who has any extent of control over:
- a workplace where persons who are not his or her employees work or are likely to be in the course of their work; or
- he means of access to and egress from a workplace.
Such a person must ensure that the workplace or the means of entering or leaving it are safe, so that people (including volunteers) at the workplace or entering or leaving it are not exposed to hazards. This duty applies only "so far as is practicable" (see discussion under "Employers" for more detail on the meaning of this phrase). The duty is owed only by people who have control of a workplace or its access or egress in the course of a trade, business or undertaking carried on by that person (whether or not for profit).
4. What about volunteers who work in private homes?
There will be many examples of volunteers who work in private homes in circumstances that are not covered by occupational safety and health laws. For example, where a club of private individuals (that has no employees) provides home help services in a private home where there is no employer, employee or self employed person working.
Where the volunteer service is arranged by an employer (eg government agency) an employer's duty under Section 21 applies, "so far as is practicable". An employer involved in providing volunteer services to private homes would have limited control over the conditions present in each home. While the duties under Section 21 would continue to apply, "practicability" limits the action the employer would need to take to meet his or her responsibilities to the volunteer. The required action would depend on the circumstances of each individual case, and might include such things as providing information on the conditions to be expected in particular locations.
If an employer or self-employed person is working at the private home, then that person may owe a duty to the volunteer under Section 21 of the Act. Similarly if an employee is working at the private home, that employee may owe a duty to the volunteer under Section 20.
Where a private home is a workplace, Section 22 may apply (see discussion of Section 22 under "Persons who have control of workplaces").
Where there are no employees or self employed persons carrying out work at a private home, it is not a "workplace" under the Act and Section 22 (duties of persons who have control of workplaces) does not apply.
5. Do employers have to provide volunteers with training?
There is no simple answer to this question. Section 21 of the Act does not specifically mention training, however circumstances may arise where training is a necessary, and practicable, means for an employer to ensure a volunteer is not harmed as a result of the employer's work or that undertaken his or her employees.
Training can be as simple as being shown the task by, and carrying out that task under the guidance of, an experienced person. Or training may be as formal as attendance at an accredited course. The type of the training necessary to carry out an activity safely will depend on the nature of the activity.
6. Are volunteers who are paid for "out of pocket expenses" considered to be employees?
Under the Occupational Safety and Health Act, an employee is a "person by whom work is done under a contract of employment; or an apprentice or industrial trainee".
Many volunteers incur incidental expenses such as petrol costs and have these monies returned by the person or organisation arranging the volunteer service. Reimbursement of these "out of pocket expenses" to a volunteer is not payment for work done and therefore does not establish a contract of employment. In other words, the volunteer is not being "paid" and is not considered to be an employee.
There may be situations where the amount of money paid to a volunteer goes beyond an allowance for "out of pocket expenses" and becomes payment for work done. It is beyond the scope of this publication to deal with the complexities of employment law and appropriate expert advice should be sought by anyone concerned about whether their arrangement constitutes a contract of employment.
7. Are volunteers who are insured for "Workers' Compensation" considered to be employees?
For the purposes of OSH laws, an insurance policy, of itself, would not give a volunteer status as an employee. The Occupational Safety and Health Act defines an employee as a "person by whom work is done under a contract of employment; or an apprentice or industrial trainee". As mentioned above, anyone concerned about whether their arrangement constitutes a contract of employment should seek appropriate expert advice.
8. What other information is available on volunteers?
This publication deals only with the provisions of the Occupational Safety and Health Act as they relate to volunteers.
There are many other issues of concern to both volunteers and organisations that utilise volunteers, including accident insurance arrangements and safety and health matters that fall outside the Act.
Good practice goes beyond compliance with occupational safety and health laws. Application of sound safety and health principles is encouraged in all activities that involve the services of volunteers. In addition, volunteers themselves are encouraged to ensure that their actions do not harm the safety and health of others, including other volunteers and paid employees.
Volunteering Australia publishes information that goes beyond the material in this document. Volunteering Australia's information on Volunteer Rights includes moral obligations to volunteers, and the Model Code of Practice for Organisations Involving Volunteer Staff covers principles of good practice in relation to volunteers. This information is published on Volunteering Australia's website at: http://www.volunteeringaustralia.org.
Volunteering Western Australia also publishes relevant material on its website at: http://www.volunteer.org.au. Volunteering Western Australia produces a Volunteering Standards Manual for use by non-profit organisations utilising the services of volunteers. Information on the Manual and details of how to obtain a copy are provided on Volunteering Western Australia's website.
9. Further information
or further information and assistance with OSH issues, please contact the WorkSafe call centre.