Understanding The Volunteer Protection Act and Liability

Volunteer programs are the heart of many nonprofit organizations. They fuel initiatives with passion and build community spirits. However, with selfless service comes the potential for legal hiccups. In 1997 the Volunteer Protection Act (VPA) was created to provide some degree of immunity to volunteers.

The federal act came to fruition to loosen state laws that were put into place to protect nonprofit volunteers, encouraging many to participate in social service.

How the Volunteer Protection Act works

The Volunteer Protection Act works to encourage individuals to volunteer without the fear of legal repercussions. Although the protection is not absolute, it does shields volunteers from civil liability after an event as long as they were adhering to any of the following:

• Were acting within the guidelines of their job description
• Possess the proper licenses, certifications or was authorized to act, and those acts were within their job description
• Did not cause harm that was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed
• Did not inflict harm while using a motor vehicle, aircraft or other vehicle

The Volunteer Protection Act offers uniform protection for volunteers, ensuring consistency across states that have varying laws. While some states limit protection to just the nonprofit’s director or board members, the VPA stands to safeguard all individuals associated with the organization.

However, the act does not protect volunteers from litigation initiated by the organization in cases where volunteers have violated any of the above criteria.

It is important to note that the Volunteer Protection Act does not protect the organization itself. This means the nonprofit can still be held liable for any negligent actions committed by the volunteer. Consequently, the responsibility falls upon the organization to ensure that their volunteers adhere to the law while performing assigned duties.

Possible implications

While the Volunteer Protection Act encourages the public to volunteer without fear of litigation, it can create potential risks for the organization itself. Nonprofits should be conscious of who they bring on as volunteers as the individual may feel the need to take on more risks than necessary with the added legal security. Without proper training, they may not exercise the type of caution needed or may become careless.

This can open the door for potential lawsuits. Organizations should provide programs like proper training, background checks and risk management strategies to ensure that volunteers are equipped with the necessary skills and knowledge to perform their duties safely.

Protect your organization

To prevent excessive liability on your organization and ensure long-term success, it is crucial to take proactive measures. There are several strategies you can employ to achieve this goal:

• Create a dedicated risk management program led by a designated committee to address factors that could negatively affect your organization. The committee should identify risks that have the potential to incur significant costs.
• Ensure the appropriate risk financing is in place to cover expenses related to potential damages, legal fees, injuries or other costs associated with litigation.
• Acquire comprehensive general liability insurance to safeguard the agency against claims of bodily injury and property damage that could arise from actions carried out by volunteers.

In some cases, the Volunteer Protection Act may also reduce the organization’s risk and, therefore, may reduce the insurance premium. However, it is best to discuss coverage options with an insurance broker on what works best for your organization.

Volunteer programs play a crucial role in the success of nonprofit organizations. By familiarizing themselves with the Volunteer Protection Act and implementing other proactive measures, organizations can safeguard both the well-being of their volunteers and the overall integrity of the organization.