OBLIGATIONS AND LEGAL RESPONSIBILITIES FOR RESCUES AND REHOMING ORGANISATIONS – MANAGING A CHARITY
Duties to employees
If your organisation has paid employees you will need to adhere to employment law.
You owe a general duty of care to employees
As an employer you owe a duty of care to keep employees safe when undertaking their role. Provision of adequate training and equipment will help reduce risks to staff. Battersea Dogs and Cats Home operates an Academy which provides training and useful resources to rescues – https://academy.battersea.org.uk/about-academy
Employees also have a duty to take care to ensure that their actions while at work do not pose risks to themselves or others.
The need for a health and safety policy
To minimise risks to staff it is recommended that organisations have (and regularly review and update) a health and safety policy which is distributed to all staff. A written policy is required for an organisation employing five or more staff.
Risk assessments:
Organisations should also undertake risk assessments to reduce the risk of injury to employees. If the organisation employs five or more employees risk assessments must be in writing.
Advice as to how to approach risk assessments, including a worked example and template is issued by the Health and Safety Executive for Northern Ireland and is available here.
Particular risk assessments are required in respect of pregnant employees[S[1] and in respect to young people.
Risk assessments in respect of paid staff should also take account of how the actions of those staff may impact on the health and safety of volunteers.
Complaints regarding unsafe work conditions should be reported to the appropriate local government district.[S[2]
What happens if I/ my organisation break the law?
If you fail to discharge your duties to employees, as you have failed to take reasonable steps to safeguard them from a foreseeable risk of injury while at work, you may have committed a criminal offence.
Criminal liability under Health and Safety Law:
Who this liability attaches to depends on the structure of your organisation;
- If your organisation is incorporated (so for example an incorporated charity) criminal proceedings under health and safety law will be against the organisation.
- If your organisation is an unincorporated association any criminal action arising from a breach of health and safety regulations will be against the association i.e. office bearers, or in lieu of office bearers, members.
- If your organisation is an unincorporated charitable trust then any criminal proceedings for breaches of health and safety regulations will be against the trustees as named individuals.
Civil liability:
Who this liability attaches to depends on the structure of your organisation;
- If your organisation is incorporated, for example an Incorporated charitable organisation then the person who caused the harm will be primarily held accountable, although in some circumstances the organisation may also be found to be vicariously liable.
- If your organisation is an unincorporated association or trust then members of the governing committee/trustees may be personally liable.
Organisations who employ staff may wish to consider taking out employer’s liability insurance. Unincorporated charitable organisations may also wish to consider taking out trustee indemnity insurance.
Law:
Health and Safety at Work (Northern Ireland) Order 1978
Management of Health and Safety at Work Regulations (Northern Ireland) 2000
[S[1]particularly an issue in mixed rescues due to taxoplasmosis in cats as outlines in council direct 92/85 EEC annex II
[S[2]not the health and safety exec NI I have checked!