LINC Information Sheet #4

LINC Liability Issues

The purpose of this information sheet is to provide LINC communities with useful information about LINC Liability. Later information sheets will cover additional topics.

An extremely important issue, although often understated, when utilizing volunteers for a project such as LINC, is that of liability. Volunteers are generally not liable for actions related to the organization's policy or management. They are, however, liable for recklessness, bad faith, maliciousness, criminal violations, and wanton and willful disregard for human rights, safety, or property. In today's litigious society, it is worth the time to review some risk management procedures for working with volunteers.

RECOMMENDED PROCEDURES FOR RISK MANAGEMENT

Identify risks of each volunteer position: Think about the conditions of the work environment and accidents that might occur due to unsafe premises. Also, think about who your clients are, and what special needs or limitations they may have. Emphasize the importance of following specific procedures to safely complete a task. Safety should never be compromised!

SCREENING AS AN IMPORTANT KEY TO RISK REDUCTION

Interviews:  All volunteers should be interviewed prior to placement to determine their suitability, interest, qualifications, capability, and commitment to the volunteer job.

Criminal Records Check:   Volunteers should undergo a criminal records check before assuming the role of caretaker for a child.

Certificate of Ability:  Potential volunteers who are under the care of i physician for either physical or psychological treatment may be asked to present a certificate from their physician verifying ability to safely perform their duties. Volunteers should not be accepted without written verification if they are under a cc treatment.

OTHER STRATEGIES TO LIMIT LIABILITY

Require signed releases and waivers from volunteers and participants. Also, form an intervention team to visit sites, risks, and take precautions. It is important to recruit, train supervise responsibly. Include methods for performing duties, specific instruction on specific tasks, dangers to be aware avoided, and procedures for emergencies. Develop policies training, supervising, and disciplining volunteers. Finally, identify problem volunteers quickly to avoid any further complications.

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This page is maintained by Thomas Rourke
The person responsible for this web site server is Patrick Harris
©1998 Strom Thurmond Institute

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