A volunteer association, that does not employ anyone to carry out work for the association is not subject to the Work Health and Safety Act 2011 (WHS Act) because it is not a ‘person conducting a business or undertaking' (PCBU - the new term that includes employers).
Volunteer associations that are not considered PCBUs because they do not employ anyone may include:
- local sporting associations
- local community care groups
- resident groups or committees
- literary and art clubs
- bushwalking clubs
- garden clubs.
Status of volunteers
Volunteers carrying out work for a volunteer association that does not employ any paid workers are excluded from the definition of 'workers'. This is because they are not working for a PCBU.
Status of volunteer officers
Volunteer officers of associations (including unincorporated associations) that do not employ any paid workers do not have the duties of an officer under the WHS Act.
For example, a volunteer officer who is the treasurer for a volunteer association such as a local woodworking club would not have officer duties under the WHS Act because the woodworking club is not a PCBU.
Benefits of safe and healthy work for volunteers
Though not a legal requirement, when volunteer associations that are not PCBUs adopt the WHS legislation as their standard for health and safety, the volunteer association benefits by:
- knowing the health and safety of their volunteers is protected
- retaining their volunteers which avoids recruiting and training new people
- enhancing their status as a responsible community association
- reducing risks to the reputation of the association.
Call 13 10 50 for more information about volunteer associations without paid workers.