|
Monitoring Monday –Safety and Liability for Non-Profit Organizations
Join us Mondays as the Clean Water Team shares information and resources on water quality -monitoring. This Monday we will look at safety and liability for non-profit organizations.
In California every employer is required to provide a safe and healthy workplace for employees. Employers must try to reduce or eliminate hazards by all possible means. If a hazard can’t be eliminated completely, then the employer must protect employees from it by supplying special equipment like respirators, protective clothing, goggles, gloves, safety shoes, or fall protection devices.
Cal/OSHA is the California state program that protects California workers by making sure that employers comply with occupational safety and health regulations (called “standards”) and keep the workplace safe. Almost all workers in California are protected by Cal/OSHA regulations. This includes public employees and immigrant workers who are not legally authorized to work in California. However, some workers are not covered:
- People who are self-employed.
- Family members of farm owners who work on the family farm.
- Federal employees working in California. (These workers are covered by federal OSHA.)
|
Workplace Safety Rules
Federal and state law also impose various requirements on employers involving workplace safety, including a requirement to prepare an injury and illness prevention program. For more information on these requirements, see the Department of Labor’s Occupational Safety and Health Administration Employer Responsibilities website, as well as the Department of Industrial Relations’ Cal/OSHA website.
Also, California imposes strict liability for on-the-job injuries. Insurance is available from both the State Compensation Insurance Fund or private carriers. For more information, visit the Department of Industrial Relations’ Employer Information website, and the State Compensation Insurance Fund’s Employers website.
What Are Employer Responsibilities Under Cal/OSHA?
Employers must:
- Comply with all applicable Cal/OSHA standards.
- Provide their employees with work and workplaces that are safe and healthy.
- Display Cal/OSHA’s Safety and Health Protection on the Job poster so that workers are aware of basic rights and responsibilities.
- Be aware of the hazards their employees face on the job, train every worker about the specific hazards on each job assignment, and keep records of this training.
- Correct any hazardous conditions that they know may result in serious injury to their employees. Failure to do so could result in criminal charges, monetary penalties, and even jail.
-
Notify the nearest Cal/OSHA office of any serious injury or fatality that occurs on the job. This must be done immediately after calling for emergency help to assist the injured worker.
- Fresno /Central Valley (559) 454-1295
- Oakland/Bay Area (510) 622-2891
- Sacramento/Northern CA (916) 263-0704
- San Bernardino (909) 383-4567
- San Diego/Imperial Counties (619) 767-2060
- San Fernando Valley (818) 901-5754
- Los Angeles/ Orange County (714) 562-5525
|
Federal Occupational Safety and Health Act’s (“OSHA”) and California’s similar statute do not appear to protect volunteers. OSHA has indicated that its coverage provides that any charitable or non-profit organization that employs one or more employees must comply with OSHA’s requirements and regulations.
That brings up the question, what differentiates between employees and volunteers? Employees are any “individual who is suffered or permitted” by an employer. A volunteer is an individual who intends to donate their services to religious, charitable, or similar non-profit corporations without contemplation of pay and for public service, religious, or humanitarian objectives. This difference can become blurry especially if a volunteer receives some sort of financial benefit. If your organization has volunteers that seem to be in this later situation, please seek responsible advice.
In any case, the use of volunteers by nonprofits comes with legal risks, including those arising from injuries that volunteers incur. Those nonprofits fortunate enough to have people willing to serve without compensation are advised to consider carefully the possible legal implications before accepting services from such individuals. As mentioned previously, nonprofits should seek to prevent injury to their volunteers (and employees) through proper supervision and by providing a safe workspace.
Organizations can further reduce potential accidents and liabilities by creating job descriptions for each volunteer opportunity, interviewing potential volunteers, placing them with the most suitable opportunity for that individual, using liability release waivers designed for your organization, and having volunteer contracts for longer-term volunteer positions. It is also not unwise to investigate potential insurance coverage for nonprofits and worker compensation.
Disclaimer:
The information provided in this message is for general informational purposes only. Any information about providers and services contained on this website does not constitute endorsement or recommendation.
|
RESOURCES:
16 Wise Questions to Ask Volunteers to Encourage Deep Commitment https://volpro.net/questions-to-ask-volunteers/
2010 California Code: Labor Code - Article 2. Employees https://law.justia.com/codes/california/2010/lab/3350-3371.html
2022 California Code: Labor Code – LAB DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION, PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES, CHAPTER 1 - Public Works, ARTICLE 1 - Scope and Operation, Section 1720.4. https://law.justia.com/codes/california/2022/code-lab/division-2/part-7/chapter-1/article-1/section-1720-4/
2023 CALIFORNIA EMPLOYER’S GUIDE https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de44.pdf
Are volunteers covered under workers compensation in California? https://themorrislawgroup.com/blog/are-volunteers-covered-under-workers-compensation-in-california/
Attorney General’s Guide for Charities Best practices for nonprofits that operate or fundraise in California https://www.oag.ca.gov/system/files/media/Guide for Charities.pdf
Complying with California Safety Standards https://www.shrm.org/resourcesandtools/tools-and-samples/toolkits/pages/complying-with-california-safety-standards.aspx
Employer Responsibilities: Under the OSH law, employers have a responsibility to provide a safe workplace. This is a short summary of key employer responsibilities: https://www.osha.gov/workers/employer-responsibilities
Guide To Writing A Volunteer Job Description https://www.volgistics.com/blog/writing-volunteer-job-descriptions/
How to write a waiver for volunteer work https://www.jotform.com/nonprofit/how-to-write-a-waiver-for-volunteer-work/
Insurance 101: What Nonprofits Need to Know (VIDEO) https://www.youtube.com/watch?v=Ltv2Miu-hCQ
Nonprofit Compliance Checklist https://calnonprofits.org/resources/nonprofit-compliance-checklist
Nonprofit Volunteers: We’ll work for free … unless we get hurt - https://www.calpeculiarities.com/2015/06/24/nonprofit-volunteers-well-work-for-free-unless-we-get-hurt/
State Liability Laws for Charitable Organizations and Volunteers https://www.probonopartner.org/wp-content/uploads/2016/01/stateliabilitylawsforcharitiesandvolunteers.pdf
Volunteer Liability Waiver and Agreement: This document explains possible risks of volunteering and includes liability waivers, consents, and other legal agreements https://nonprofitdocuments.law.stanford.edu/wp-content/uploads/Volunteer-liability-waiver-and-agreement-SLS-sample-07-06-21.pdf
Volunteer Risk Management: Protecting Your Organization and Volunteers https://www.galaxydigital.com/blog/volunteer-risk-management
What Happens if I Don’t Have a Liability Waiver? https://recharity.ca/what-happens-if-i-dont-have-a-liability-waiver/
Who Is an Employee Under California Law? https://californiaglobe.com/articles/who-is-an-employee-under-california-law/
|
