Understanding How an Event Volunteer Is Deemed to Be a Worker under Alberta OHS Legislation
Volunteering is an act that plays a crucial role in supporting various community summer events. However, it is essential to recognize that in most situations, volunteers will be considered workers under Alberta's Occupational Health and Safety (OHS) legislation. This distinction brings about certain responsibilities and rights to ensure the well-being and safety of these valuable contributors. As a safety leader, I have been working with special event organizers this past summer to develop the health and safety basics they need to meet their requirements under the current Alberta OHS legislation and to better understand their obligations to the volunteers assisting with the success of their events. As this has been a surprise to many event boards and directors, I wanted to share this general information with you.
Definition of a Worker:
The Alberta OHS legislation defines a "worker" as a person engaged in an occupation, including a person who performs or supplies services for no monetary compensation for another organization or employer. There are exceptions made for volunteers performing farming and ranching work.
Essential Elements to Determine Worker Status:
To ascertain whether a volunteer falls under the definition of a worker, two fundamental elements are considered:
a. Work or Services: The volunteer must be actively engaged in performing tasks, duties, or services for an organization, taking direction from event organizers.
b. Relationship: There must be an agreement or understanding, either formal or informal, between the volunteer and the party benefiting from their services (the organization-employer).
Implications of Worker Status for Volunteers:
When a volunteer is recognized as a worker under Alberta OHS legislation, certain implications arise:
a. Health and Safety Protections: The organization (employer) must ensure the volunteer's health and safety while performing their duties. This includes providing a safe work environment, necessary training, and appropriate personal protective equipment (PPE).
b. Workers' Rights: A designated worker has the right to refuse unsafe work if they believe it poses an immediate danger to their health or safety. The event organization acting as the employer is legally bound to address these concerns promptly.
c. OHS Training: Volunteers deemed workers may need to undergo specific OHS training relevant to their tasks to ensure they are aware of potential risks and how to handle them. This includes the development and review of hazard assessments for each volunteer job task.
d. Record Keeping: Organizations must maintain records of event injuries or incidents involving volunteers as they would for regular employees.
Volunteering is a valuable service that enhances our communities in numerous ways. While Alberta OHS legislation recognizes the significance of volunteerism, it also defines situations where volunteers are considered workers, ensuring their health and safety are protected. By understanding the factors that determine worker status and the implications it brings, both volunteers and event organizers can create a safer and more productive environment for everyone involved. Remember, whether you are a volunteer or responsible for organizing an event in your community, fostering a culture of safety is a shared responsibility that benefits everyone.
