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.