Non-Profit Organizations and Volunteers: Navigating Health and Safety Responsibilities
Understanding the duties of non-profit organizations and volunteers under the Work Health and Safety Act 2011 (WHS Act) is crucial. Here's an insightful overview:
Not-for-Profit Organizations:
- These organizations, serving community purposes without distributing surplus funds to owners, may engage in business activities.
- If they employ workers, they are considered a 'person conducting a business or undertaking' (PCBU) under the WHS Act, with a duty of care for workers' health and safety.
- Volunteer associations within not-for-profit organizations are exempt from the WHS Act.
Volunteer Associations:
- A volunteer association, composed of volunteers working for community purposes without employees, is not a PCBU under the WHS Act.
- Examples include junior sports clubs where volunteers, not employees, manage club activities. If the association employs someone, the WHS Act applies to the organization.
Volunteers:
- Volunteers, unpaid individuals contributing to various activities, are considered workers if they undertake work for a PCBU.
- Volunteers must take reasonable care for their own health and safety and avoid creating risks for others, facing prosecution for serious breaches.
- Volunteer 'officers' cannot be prosecuted for officer duties but may face prosecution as workers for lapses in their duties.
Volunteers in Not-for-Profit Associations:
- In volunteer associations excluded from the WHS Act, volunteers are not considered workers when undertaking activities for the association.
Understanding these distinctions ensures clarity on health and safety obligations for non-profit organizations and volunteers.