Volunteers are at the heart of our community. By volunteering, people generously donate their time, knowledge, skills and efforts.
Currently there are various laws to protect the rights of volunteers when fulfilling their roles. These laws are in place to protect volunteers from liability against them, for actions conducted in good faith.
But did you know that work health and safety laws apply to volunteers too?
Under the Work Health and Safety (WHS) Act 2012, a person is a worker, if they carry out work in any capacity for a person conducting a business or undertaking. This includes:
- an employee
- a contractor or subcontractor
- an employee of a contractor or subcontractor
- an employee of a labour hire company who has been assigned to work in the person’s business or undertaking
- an outworker
- an apprentice or trainee
- a student gaining work experience
- a volunteer
- a person of a prescribed class
This means that a business or organisation has a duty of care, and is responsible for providing volunteers with a safe working environment. But it also means that volunteers have a responsibility to work safely and observe any safety measure or policies that a business or organisation has in place.
The only exception to this is volunteer associations that do not have employees. They are not governed by South Australian WHS laws. However, under common law obligations, they owe a duty of care to their volunteers, and take reasonable steps to avoid hazards and risks to their volunteers.
Business’ Responsibilities
Businesses and organisations can meet their responsibilities by:
- having a WHS policy in place
- implementing a WHS management system, including safe work procedures
- provide information and training to workers and volunteers on how to do their job safely
- ensuring managers, supervisors and other workers are skilled to supervisor and show volunteers how to work safely and without injury
- make available necessary resources to undertake tasks safely
- regularly inspect the workplace to identify hazards that can pose a risk to people in the workplace
- maintain and service tools and equipment to keep in safe working order
- take action to control the risks to workers, volunteers and others
Volunteer’s Responsibilities
As a volunteer, it is important that they:
- look after their own health and safety, and the health and safety of others
- working in a safe manner, without risk to themselves or others
- use any safety equipment issued
- follow all reasonable safety instructions from supervisors or managers
- undertake an induction into the workplace and complete any other training as needed
- seek assistance or clarification is unsure of WHS rules
- reporting incidents, faulty tools, plant or equipment to managers or supervisors
If you have volunteers in your workplace, click here, for further details.
If you need further help, or you don’t have a WHS management system or safe work practices in place, contact us, we’re here to help.
