Health and safety compulsory in the voluntary sector

It is a common misconception that workers in the voluntary sector may not be covered by health and safety legislation.

The reality, however, is that in most cases, the overarching duties of employers and employees under the Health and Safety at Work etc Act 1974 (HSWA) apply equally to those working in the third sector as volunteers.

This includes charities (incorporated or not), social enterprises, and not-for-profit businesses.

Given the vast nature of this sector in the UK – with over 45,000 voluntary organisations and 1.2 million volunteers – it is vital that those engaged within it are aware of which laws apply to them, and when.

Health and Safety Law

The HSWA imposes various duties on “employers”. This means anyone employing at least one other person – and will normally include those who do so on a voluntary basis.

This means that the charity or organisation is responsible for ensuring the health, safety and welfare of those working for them, so far as is reasonably practicable. This will include maintaining a safe system of work, providing adequate training and supervision and carrying out sufficient risk assessments.

Where an organisation employs paid staff and volunteers, these duties can apply equally to both categories.

It can often be a delicate balancing act to accommodate well-meaning volunteers to achieve meaningful social change in communities whilst ensuring compliance with the HSWA. We are increasingly advising clients on how to achieve compliance and a much-desired equilibrium.

It is important to note that volunteers also have health and safety duties, in the same manner that employees do. These are to maintaining your own health and safety, as well as that of others who may be affected by your actions; to cooperate with your organisation to ensure compliance with legal obligations; and to not misuse or interfere with safety equipment.

Consequences of non-compliance

Failing to discharge HSWA duties is a criminal offence (HSWA, Section 33). Although, on occasion, the requirement for prosecutors to act in the public interest may have mitigated against such prosecutions, some recent high-profile prosecutions of charities in England demonstrate the potential reach of the HSWA offences.

Just this summer, a prosecution was brought by the Health and Safety Executive (HSE) against Wilts & Berks Canal Trust, following the tragic death of a volunteer.

The HSE identified that the charity had not implemented a safe system of work for its volunteers working to restore the Wilts and Berks canal, which ultimately resulted in a wall collapsing on the volunteer.

The charity pled guilty to a breach of Section 3 of the HSWA and received a fine of £30,000.

In summer of 2023, a similar prosecution was brought against a charity, Mission to Seafarers, following the tragic death of a volunteer who fell from a broken ladder. It was alleged that the charity had similarly failed to ensure its volunteers were not exposed to risks to their health and safety.

Mission to Seafarers pled guilty to Section 3 of the HSWA, and received a fine of £90,000.

At sentencing, the means of the offender should always be taken into account in assessing suitable fines, but these cases show that fines can be significant.

Limited exceptions

There are, however, some limited exceptions to the application of the HSWA to impose such duties.

Generally, if you volunteer on your own or as part of an entirely voluntary community group with no employees, the HSWA duties would not apply.

They will, however, apply if those in this category manage or provide access to a public space, like a community hall. The group would be responsible to ensure so far as reasonably practicable that the hall and any equipment used within it meet the standard specified in the duties above.

They may also apply if those in this category procure or control construction work. For example, if a community hall management committee employs a builder to carry out renovation work. Careful planning should be undertaken in the early stages to ensure a full understanding of the risks and responsibilities are known by all parties to ensure compliance

Common law

Finally, voluntary organisations and volunteers themselves may be held to owe a common law duty of care to each other and to those who may be impacted by their actions or omissions.

Therefore, if any injury is caused as a result of negligence by a charity or individual, this could result in a civil claim for damages, even where no criminal prosecution could be brought as above.

Key takeaways

Health and safety law remains compulsory for those in the voluntary sector;

There are duties incumbent on both the charity/organisation itself and the volunteers;

Prosecutions are not rare – and the financial penalties may be significant;

There are some exceptions to the application of the HSWA, but it may be sensible to try to follow best practice in upholding health and safety duties so far as reasonably practicable; and

Where the criminal law does not apply, there may still be civil liability.

BTO’s top tier Health and Safety Team routinely advise clients in the third sector on their compliance obligations through training and review of procedures and have a trusted track record in defending prosecutions that may result from non-compliance. Please contact Vikki Watt and Natalie Boal for more information.