Workers are often asked to “volunteer” for
certain activities that have some association to employment. The association may be strong (volunteering
for overtime) or weak (attending a company picnic) but there are implications
for safety and health as well as workers’ compensation.
Most volunteering” cases involve a worker
working on a special project, putting in overtime to clear a backlog, or participating
in a special events like conferences, open houses, or community event (parade, “home
and garden” show, cultural festival) . The
connection to work in these examples is pretty clear. A worker may volunteer to participate in these activities and events but
injuries that may arise out of and in the course of these events are as work-related
and typically accepted as compensable in most jurisdictions.
This coverage is an important protection
for workers and employers. Workers continue to have access to the workers’
compensation coverage for themselves and their families; workers’ compensation
coverage protects employers from suit for work-related injuries that may
arise. If the voluntary event were not
deemed work-related, the employer might still be faced with liabilities in the
event of injury.
Just because a voluntary event or activity such
as working to clear a backlog may be covered by workers’ compensation does not
mean an employer can forget about health and safety. Occupational health and safety standards
still apply. Before initiating a
voluntary weekend shift to clear a backlog or asking someone to pull an “all-nighter”
to prepare a presentation for the next morning, an employer needs to ask
questions about health and safety like:
- Are the protections normally provided available to the worker(s)?
- Are there special risks or hazards associated with this work that need to be identified?
- If the worker is working alone, what provisions are required and in place for his or her protection?
Suppose there is a big order due out on
Monday and you ask for “volunteers” to work the weekend to fulfill the
commitment. Are the usual weekday
resources for the health and safety of the workers available on the
weekend? Is there access to a qualified
first aid attendant, open lunch area, alarm and production stops working, etc.?
Does the week-end site security system change the risk of intrusion? Are there scheduled maintenance activities
such as floor washing and waxing or system purging that could increase risks to
those not normally on site when these activities take place?
And then there are the “voluntary events”
like corporate picnics, softball tournaments and project celebration parties. Are these truly voluntary or are they “work-related”? Depending on the jurisdiction and the
circumstances, injuries arising from participation in such events may well be
compensable. Each case will be determined
on its own merits but adjudicators tend to look at the expectations for
attendance, where the event takes place, how involved the employer is in
sponsoring the event, and the degree to which the activity or event furthers the
objectives of the organization.
Expectations for attendance and
participation are tricky. A worker may
feel compelled to participate particularly if the firm organizing or sponsoring
the activity promotes it as a “team-building” event or if there is an implied advantage
or accepted requirement of participation as part of career development. Failing to participate may be what we used to
call a “career-limiting” decision. Is a participant really “free” to choose
non-attendance in the event?
Employer benefits such as improved worker
health and morale, higher corporate profile, and better standing in the
community may be enough to bring an event into the scope of “work-related”
activities. One can imagine photographs
of the event or activity published on intranet sites and used in recruiting brochures
as evidence of corporate social responsibility and accountability—an important
corporate goal.
If you want to enhance trust among team
members, you might organize a rock-climbing event. A day of river rafting may help an executive
team bond, refresh and foster creativity.
Having teachers/faculty voluntarily attend graduation ceremonies, homecoming,
and alumni events clearly advances the interests of the school, college or
university. The “work-relatedness” of
any of these events may be sufficient to bring injuries that may occur into the
scope of workers’ compensation coverage.
My point is not to discourage corporations
from offering such events and activities.
These activities can clearly further the corporate objectives. When arranging, sponsoring or organizing any
corporate activity and event, be aware of its “work-relatedness”, have your
health and safety professional look at the hazards that may be inherent in the
activity, venue, or event, and ensure
compliance with occupational safety and health standards.
