Liability Issues (Risk Management)
Liability issues may take many forms. We, as employers, are responsible to provide a safe working environment free of hazards and dangers including those of mental and physical abuse. These areas are covered by the Occupational Health and Safety Act, the theory of Due Diligence and Human Rights Legislation.
Specifically, with respect to volunteers, we are also responsible for the conduct of our Volunteers. Volunteers are absolved from responsibility incurred in the act of Volunteering as long as they follow the rulings outlined in the Nova Scotia Volunteer Protection Act. The organizations the Volunteers belong to are not protected in this manner and are expected to conduct operations in such a way as to be responsible for the actions of those Volunteers.
Suggested web sites:
http://cap.ic.gc.ca/english/7609.shtml
http://www.volunteer.ca/volcan/eng/content/board/legal.php?display=2,6,7
http://charitychannel.com/article_1820.shtml
http://charitychannel.com/article_164.shtml
Please refer to the following tools:
- Identification of Risks Worksheet
- Risk Management Planning Worksheet
- Sample Confidentiality Agreement
These tools are available at http://www.nfcap.nf.ca/sitemap/index.html on pages C3, C4 and C6 respectively.
Due Diligence
Due diligence is a defence in liability legal cases. It stresses a proactive approach to identifying and minimizing or neutralizing workplace hazards or issues surrounding safety.
One point to remember: If you go to court on an issue surrounding negligence causing harm it is up to you to prove that you took every reasonable precaution to prevent harm or injury and if you cannot prove that this is the case you lose.
Basically, the idea behind due diligence is to be certain that everything that could reasonably be done to prevent a situation from occurring has been and is being done. This includes the development and use of policies and procedures, training, workplace assessments (risk, safety, etc.), and effective supervision to name a few.
Please refer to the following Nova Scotia Government web site for a presentation on Due Dilligence.
http://www.gov.ns.ca/enla/ohs/duedilig/index.htm
Human Rights Legislation
This legislation ensures the fair treatment of all persons and further reinforces that there be no discrimination in the workplace. The only determining factor in decision making (from hiring to promotion and on to dismissal) is to be the ability to perform the tasks associated with the position.
We have already touched on this issue in the subjects of recruitment and screening, so please take a look at the Nova Scotia Government web site link located below.
http://www.gov.ns.ca/legi/legc/~sol.htm
Nova Scotia Volunteer Protection Act
Basically, this act protects Volunteers in the course of their assignments from personal liability issues within reason. If for instance, in the course of the Volunteer's duties they give someone the wrong information they are protected as long as they do not act purposely to injure and as long as they are acting within scope of the assigned duties.
This act does not however protect the organization from legal action. This enforces the need for liability insurance and structuring of program delivery to minimize miscommunication of the organization's message.
Please refer to the following Nova Scotia Government web site for wording on this Act.
http://www.gov.ns.ca/legi/legc/~sol.htm
Safe Work Environment
Falling under the category of due diligence and Occupational Health and Safety it is the responsibility of the employer to provide a safe working environment. This also extends to Volunteers.
Some tips:
- Have a method of reporting unsafe conditions.
- Try not to have one person working alone.
- Have someone trained in first aid on site.
- Establish emergency procedures. (fire, medical emergency, etc.)
Occupational Health and Safety
http://www.gov.ns.ca/enla/ohs/OHSCSB02.pdf 
http://nssafety.ns.ca/documents/inspect.pdf
http://www.gov.ns.ca/psc/safety/securework.asp
Sexual Harassment
Sexual harassment is one of those issues where there is still a great deal of uncertainty.
Some tips:
- The person may not be aware that they are making the other uncomfortable.
- The uncomfortable person must tell the other that the behaviour is making them uncomfortable.
- If the behaviour continues then it is time to act. The behaviour must be seen to be sexual in nature.
- The behaviour must be seen as reasonably making the general public uncomfortable.
- To minimize the risk of reoccurrences educate Volunteers to this issue and set policies such as a code of conduct and a sexual harassment policy to address this subject and the steps to be taken.
Of course the best way to minimize this risk is to educate new Volunteers as to the code of conduct you expect them to follow in the orientation program. Being proactive should cut down on the incidence of this type of issue.
Please look at the following web sites for clarification and procedure for handling these issues should they arise.
http://is.dal.ca/~harass/definition.html
http://www.gov.ns.ca/psc/policy/harassment/
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