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Keeping Volunteer Liability at Bay
Not-For-Profit Advisor , 2005 Fall
Without volunteers, many nonprofits would cease to exist. But despite the numerous benefits volunteers provide, they also bring inherent risks. Because nonprofits direct and benefit from the actions of volunteers, the organization can be held accountable if volunteers are harmed or harm others.
Most lawsuits against nonprofits involve allegations of negligence, intentional misconduct, or strict liability. In strict liability cases, responsibility for harm is considered automatic whether or not there is negligence or misconduct. Nonprofits can also be held liable even when volunteers are acting outside the scope of prescribed duties or accepted procedures.
Volunteers Crucial
Still, most nonprofits have no choice but to manage volunteer-related risks as best they can. Operating without volunteers would not only be impossible, but undesirable as well because of the personal satisfaction volunteers derive and the value they deliver. Nonprofits can use volunteers with greater confidence, however, by adopting certain practices to potentially reduce liability.
The Nonprofits’ Insurance Alliance of California (NIAC) offers some suggestions in its booklet, Managing Volunteers: Balancing Risk and Reward.
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Develop job descriptions for volunteer positions that outline the nature of the work to be performed and any possible risks the job presents to the volunteer or organization.
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Screen volunteers in a manner that reflects the risks involved. Some positions will pose few risks. In these cases, the screening process can be a basic one that reflects the low risk level.
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A basic screening process might involve an application, interview, and limited reference checks. On the other hand, positions that carry greater risks should involve a more rigorous screening process that would typically include extensive reference and criminal history checks and verification of drivers’ licenses, certifications, or degrees.
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Apply the screening process consistently and avoid shortcuts or exceptions, even for volunteers who have been referred by someone known to the organization.
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Avoid dismissing inconsistencies or unusual findings without further investigation.
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Provide appropriate training, supervision, and discipline to volunteers. At a minimum, training should usually involve an orientation session that includes an explanation of the nonprofit’s mission, policies and procedures, and safety considerations. Once volunteers have begun work with the organization, continue active supervision to verify that they understand expectations and act in line with them.
Nonprofits will also want to ensure they have adequate insurance coverage, including supplemental policies that address specific types of exposure, such as medical malpractice or sexual misconduct. It’s also a good idea to have legal advisors periodically review policies and procedures pertaining to volunteers to determine if your organization is doing all it can to reduce risks.
While risks are unavoidable when using volunteers, nonprofits can enhance the protection of everyone involved by consistently following sound practices that aim to balance the risks and rewards of volunteerism.
To download a free copy of the NIAC booklet, Managing Volunteers: Balancing Risk and Reward, or other publications related to nonprofit risk management, visit http://www.niac.org and click on "resources" and then on "publications."
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