47. Are volunteers covered by health and safety legislation?

In general volunteers are not referred to by health and safety legislation that applies to employees. However, Section 3 of the Health and Safety at Work Act 1974, imposes a duty on every employer "to ensure, as far as reasonably practicable, that persons not in their employment, who may be affected by their undertaking, are not exposed to risks to their health or safety" and "to give to persons (not being their employees) who may be affected in a prescribed manner information as might affect their health or safety."

Organisations have a duty of care to avoid carelessly causing injury to their volunteers. They may be found liable following an accident if a court decides they failed to take reasonable care. This means organisations should make adequate risk assessments. Once hazards are identified they should take appropriate steps to lower the risk. This could be through training, the provision of safety equipment, changes to work practices and so on.