Statutory protection for employees is contained in the Health and Safety at Work Act 1974 (HSWA). Section 2 of the HSWA covers general duties of employers to employees.

Volunteer Tutors with Amity (ARC) are not covered by this section. Volunteers do not have a contract of work with Amity and receive no remuneration. ARC is not an employer for the purposes of the HSWA.

(If ARC were to have one paid employee anywhere in their organisation, it would be considered to be an employer for purposes of the HSWA and the Regulations under it).

Members of ARC do receive some statutory protection under Section 4 HSWA, which places a duty on people in control of non-domestic premises (eg an employer in charge of a public swimming pool) to ensure, so far as is reasonably practicable, that access arrangements and any equipment in the premises are safe and without risk to health. The duty is in relation to non-employees, such as members of the public or volunteer workers who are using the place as a place of ‘work’.

There is also a common law duty of care, based on the ‘neighbour’ principle and common law, which requires that ARC itself must take reasonable care to avoid the risks of harming anyone, including volunteers and students, which may arise during or through any of its activities.

In order to act in a humane way, questions of strict legal duties should be laid aside and the advice of the HSE to charitable organisations followed. Organisations who use volunteers should endeavour to provide the same level of health and safety protection as they would in an employer/employee relationship.

This form of insurance is not compulsory, but may be a prudent safeguard in the event of any third party injury arising from Amity’s activities.

HSE Books : telephone 01787 881165

‘Charity and voluntary workers: a guide to health and safety at work’ ISBN 0 7176 2424 2

(Video available)