Employee volunteering is a relatively new concept in Ireland, but for many years companies across the world have recognised their responsibilities to their stakeholders and the impact that they have on the local community through their CSR practices. Given the risks that are involved with certain volunteering activities, it is imperative that employers know the extent of their duties and responsibilities, in respect of health and safety, toward employees engaging in employer endorsed volunteering projects.

Volunteering - Scope of employment

Whether employee volunteering comes within the scope of an employee's employment will depend on the facts of the case. Of course, it may be very easy to determine if volunteering is outside the scope of employment such as when employees volunteer on their own time in the evening or weekends. But consider the situation where an employer has a partnership with a charity and provides opportunities for employees to volunteer in the evening or weekends? Does the employer - employee relationship still exist in this context?

Responsibility to Employees

There are two main considerations for organisations who allow their employees to act as volunteers. Firstly, there is the common law "duty of care" and secondly, there are statutory obligations.

Common Law

Employers have a duty of care to their employees under common law. The modern concept of the duty of care owed by an employer to an employee was established in the case of Wilson and Clyde Coal Company Ltd v English [1937] 3 All ER 628. This case held that an employer owes a "duty of care" to his employees, which was personal to the employer and not capable of delegation. This duty includes:

  • the provision of a safe place of work
  • a safe system of work
  • competent staff
  • proper equipment

It must be borne in mind that the duty is not an absolute one - an employer will have discharged their duty of care of care to their employees if they do "what a reasonable and prudent employer would have done in the circumstances" – Bradley v CIE [1976] I.R. 217.

Statutory Obligations - General Duties

The main piece of health and safety legislation in Ireland is the Safety, Health and Welfare at Work Act, 2005. This sets out the general duties of employers, self-employed and people in control of premises have towards their employees and others who may be effected by work activities. It also gives employees the general duty to ensure the health and safety of themselves and others who may be affected by what they do.

An employer's general duties are set out in Section 8 of the 2005 Act which provides that an employer must do whatever is reasonably practicable to ensure the safety, health and welfare at work of his or her employees. It goes on to provide a list of specific duties which include, inter alia, the obligation to provide a safe place of work, safe systems of work, training and instruction in relation to health and safety and reporting accidents and dangerous occurrences.

Employees Volunteering Off- Site

If your employees volunteer off-site, you, as their employer, retain primary responsibility for their health and safety. However, the entity with whom they are volunteering, including the entity having control of the place where your employees are volunteering, will also owe duties to your employees arising from the way they manage and conduct their operations. Depending on the nature of the volunteering activities, you may need to make further enquiries in respect of the activities and seek additional information on how risks are managed to ensure the safety of your employees.

Matters to consider when employees volunteer

Risk Assessment

A risk assessment involves identifying all hazards, assessing all risks, and putting in place measures to control unacceptable risks and, therefore, the practice of employees volunteering off site should be considered when carrying out a risk assessment. This means, inter alia, assessing the possible risk to employee volunteers of every task that an employee may undertake when volunteering. Knowledge of the activities is normally only possessed by the volunteers or the volunteer organisation and, therefore, it is wise to discuss who is best placed to carry out the risk assessment, with the volunteer organisation.

Training

Depending on the outcome of the risk assessment, it may be necessary to give employees training in respect of the tasks that they will be undertaking e.g. manual handling. Employees will need to have clear instructions as to what they can or cannot do, which will include using appropriate PPE and aids and not using any equipment unless they have been given appropriate training or information on how to do so.

Insurance

Every organisation should check its insurance cover to determine whether it will cover an employer supported volunteering project. Further, if there is insurance cover for such activities, the employer should check the extent of the cover, what activities are covered and what is excluded.

Volunteering agreement and indemnities

When entering a volunteering arrangement with a volunteer organisation or other body, it would be prudent to encompass the terms of the agreement in a written document. This agreement could contain provisions as to who will have ultimate responsibility in relation to health and safety, responsibility for following through on policies and training, what can be done if health and safety obligations are not met and the reporting procedure for volunteers in respect of health and safety matters. It should ultimately govern all aspects of the relationship between the parties. Further, this agreement could include certain indemnities and exclusions of liability in respect of the activities of volunteers.

Conclusion

Corporate Social Responsibility applies as much to your own employees as to society in general. It is, therefore, extremely important to be aware of your responsibilities as an employer towards your employees and to manage the volunteering relationship so that volunteering can take place in a safe and productive environment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.