This topic came up in another thread. There seems to be a serious general misunderstanding about when a "volunteer" becomes a "worker."
There is one very simple test - Does the organisation you volunteer for employ anyone to carry out paid work? It the answer is yes then a "volunteer" becomes a "worker" for the PCBU.
The way the Work Health & Safety Act is written it defines a PCBU & "work" i.e. performing a task for a business or undertaking. There is no distinction about whether the task or "work" performed for a PCBU is by paid or unpaid individuals - volunteers. They are all "workers" under the legislation if the organization is deemed to be a PCBU (see below).
A couple of key terms for you -
Person conducting a business or undertaking (PCBU) A person conducting a business or undertaking(PCBU) is the main duty holder under the WHSAct. They are usually the employer and may be a partnership, company, unincorporated body or association, a sole trader, a government department or statutory authority. A volunteer organisation is a PCBU if it employs one or more paid workers.
Worker - A worker is a person who carries out work for a PCBU in any capacity, including as a volunteer.
The Qld Act defines (remember there is now national standardized legislation in place so all states will be similar.)
Worker - A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as — an employee, .... volunteer ...
Workplace - A workplace is a place where work is carried out for a business or undertaking ...."
The act states "A volunteer association does not conduct a business or undertaking for the purposes of this Act" however the nature of that exemption changes when the volunteer association "employs any person to carry out work for the volunteer association".
Not for profit associations and their "volunteer officers" are exposed to higher risk if they start "employing" staff and do not discharge their duties as a PCBU - i.e. paying a member on an hourly basis to conduct beginners classes; or similar. Paying a volunteer makes the association a PCBU; the paid volunteer becomes an employee, a worker; all volunteers who perform “work tasks” become “workers"; Officers become duty holders for the PCBU. I resigned as an officer and left an Association over "paying volunteers a wage, because they earn an income for the club" and other health and safety related issues that left me personally high & dry as an officer of the Association.
In my opinion all "not for profit associations" and volunteer organisations should adopt the principles of hazard analysis and risk management and comply with work health & safety legislation. By doing so they can clearly demonstrate due diligence in protecting their members and volunteers from harm and significantly reduce potential liability for both the association and its "volunteer officers." Morally officers of not for profits should ensure machinery is safe & that guards are in place and remain in place etc purely to protect their colleagues from harm.
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http://ift.tt/1BlfqOh
http://ift.tt/1FohvPY
There is one very simple test - Does the organisation you volunteer for employ anyone to carry out paid work? It the answer is yes then a "volunteer" becomes a "worker" for the PCBU.
The way the Work Health & Safety Act is written it defines a PCBU & "work" i.e. performing a task for a business or undertaking. There is no distinction about whether the task or "work" performed for a PCBU is by paid or unpaid individuals - volunteers. They are all "workers" under the legislation if the organization is deemed to be a PCBU (see below).
A couple of key terms for you -
Person conducting a business or undertaking (PCBU) A person conducting a business or undertaking(PCBU) is the main duty holder under the WHSAct. They are usually the employer and may be a partnership, company, unincorporated body or association, a sole trader, a government department or statutory authority. A volunteer organisation is a PCBU if it employs one or more paid workers.
Worker - A worker is a person who carries out work for a PCBU in any capacity, including as a volunteer.
The Qld Act defines (remember there is now national standardized legislation in place so all states will be similar.)
Worker - A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as — an employee, .... volunteer ...
Workplace - A workplace is a place where work is carried out for a business or undertaking ...."
The act states "A volunteer association does not conduct a business or undertaking for the purposes of this Act" however the nature of that exemption changes when the volunteer association "employs any person to carry out work for the volunteer association".
Not for profit associations and their "volunteer officers" are exposed to higher risk if they start "employing" staff and do not discharge their duties as a PCBU - i.e. paying a member on an hourly basis to conduct beginners classes; or similar. Paying a volunteer makes the association a PCBU; the paid volunteer becomes an employee, a worker; all volunteers who perform “work tasks” become “workers"; Officers become duty holders for the PCBU. I resigned as an officer and left an Association over "paying volunteers a wage, because they earn an income for the club" and other health and safety related issues that left me personally high & dry as an officer of the Association.
In my opinion all "not for profit associations" and volunteer organisations should adopt the principles of hazard analysis and risk management and comply with work health & safety legislation. By doing so they can clearly demonstrate due diligence in protecting their members and volunteers from harm and significantly reduce potential liability for both the association and its "volunteer officers." Morally officers of not for profits should ensure machinery is safe & that guards are in place and remain in place etc purely to protect their colleagues from harm.
http://ift.tt/1BlfqOf
http://ift.tt/1BlfqOh
http://ift.tt/1FohvPY
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