In Short
- Volunteers are considered workers under the WHS Act and are entitled to the same protections as paid employees.
- Not-for-profits must assess if they are conducting a ‘business or undertaking’ to determine WHS obligations.
- Organisations must take reasonable steps to ensure the health and safety of all workers, including volunteers.
Tips for Businesses
If your not-for-profit involves volunteers, check whether you fall under the WHS Act. Ensure you have policies and procedures in place to protect all workers, including volunteers. Taking reasonable steps to minimise risks can help you meet your obligations and maintain a safe environment for everyone.
The main goal of the model Work Health and Safety Act (WHS Act) is to uphold the health and safety of workers across Australia. All Australian states and territories have adopted the WHS Act except for Victoria. This article will outline the obligations Not-for-Profit (NFP) organisations have concerning the work health and safety (WHS) of their volunteers. Furthermore, it will guide you on how your NFP organisation can best meet these obligations moving forward.
When Do My WHS Obligations Apply?
Under the WHS Act, a volunteer is an individual who performs work for an organisation without payment. Despite not being paid, volunteers are still recognised as workers under the WHS Act, and as a result, they are afforded the same protections as paid workers.
To determine whether these obligations apply to your volunteers, you must determine whether the WHS Act covers your organisation. Specifically, under the WHS Act, a NFP organisation will have duties if it:
- conducts a ‘business or undertaking’; and
- is not classified as a ‘volunteer association’ as defined by the WHS Act.
What is a Volunteer Association?
The WHS Act does not operate to dissuade people from volunteering or forming volunteer associations. Under the WHS Act, a ‘volunteer association’ is a group of volunteers that work together for a community purpose, and none of the volunteers or the association itself employ another person to work for the association. To best understand this definition, it is helpful to break it down into three components:
- Group of volunteers: Each volunteer who works must do so on a voluntary basis and not receive payment for work.
- Community purpose: The WHS Act does not define ‘community purpose’. However, it intends to apply to philanthropic purposes, including art, science, religion, or sporting purposes. Some examples of what may be considered a volunteer association include a local historical organisation or a volunteer sports team.
- No employment: No individual is employed or paid to carry out work for the association.
Does My Organisation Conduct a Business or Undertaking?
A number of factors determine whether your NFP or volunteer organisation is deemed to be conducting a business or undertaking. An organisation can conduct a business or undertaking whether or not it is conducted for profit or gain.
You are likely conducting a business or undertaking if your organisation:
- engages or causes the engagement of workers (including volunteers) to carry out work; and
- directs or influences workers (including volunteers)
What Are My WHS Obligations to Volunteers?
If your NFP organisation is covered by the WHS Act, you will have a primary duty to ensure the health and safety of your workers, including volunteers, while they are carrying out work. This involves maintaining a safe work environment and protecting physical safety and mental health.
Your organisation’s primary duty is to take reasonably practicable steps to ensure the health and safety of your volunteers. What this means is that while your organisation cannot guarantee that no harm or risks may occur in the workplace, your organisation will take all reasonable steps to minimise the risks of the health and safety of your volunteers.
As a business owner, you have a legal obligation to provide a safe workplace for your employees and customers. This free guide explains how.
How Can I Best Manage Health and Safety Risks?
Risk management is the most effective way for your organisation to eliminate or minimise the risk to volunteer health and safety. This involves four key steps:
- Identify hazards and risks in the workplace.
- Assess and understand the nature of harm or damage that may occur in the instance a volunteer is affected by it.
- Develop measures that control risks within the workplace. While it may be impossible to completely remove the presence of risk within the workplace, measures must be in place to reduce them as far as reasonably practicable.
- Lastly, continually review these measures and ensure that they are implemented and up to date.
Key Takeaways
In Australia, volunteers are recognised as workers under the WHS Act, even though they do not receive payment. This means they are entitled to the same protections as paid workers. To determine if the WHS Act applies to your organisation, you must assess whether your not-for-profit (NFP) conducts a ‘business or undertaking’ and is not classified as a ‘volunteer association.’ If the WHS Act covers your NFP, it is responsible for ensuring the health and safety of all workers, including volunteers, by taking reasonably practicable steps to minimise risks.
If you manage health and safety risks, our experienced employment lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Yes, volunteers are recognised as workers under the WHS Act in Australia, which means they are entitled to the same health and safety protections as paid workers, despite not receiving payment.
To determine if the WHS Act applies, not-for-profit organisations must assess whether they are conducting a ‘business or undertaking’ rather than being classified as a ‘volunteer association.’ If classified as a business or undertaking, the organisation is responsible for ensuring the health and safety of all workers, including volunteers.
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