Charity & Trustee Health & Safety Requirements

Charities range from small volunteer-run groups to major organisations with thousands of employees. Regardless of size, all charities must manage health and safety effectively, and trustees have specific responsibilities they cannot delegate. Many charities underestimate their legal duties, particularly around volunteers and events.

This guide covers key health and safety requirements for UK charities and their trustees.

The Legal Framework

Charities must comply with health and safety law just like any other organisation.

Health and Safety at Work etc. Act 1974 - Applies to all employers and self-employed persons. Even charities without employees have duties to non-employees affected by their activities (including volunteers and service users).

Management of Health and Safety at Work Regulations 1999 - Risk assessment requirements apply to charities.

Charities Act 2011 - Trustees must act in the charity's interests, which includes legal compliance.

Trustee Responsibilities

Trustees have ultimate responsibility for their charity's compliance with health and safety law.

What Trustees Must Do

Ensure the charity complies with health and safety law
Ensure adequate policies and procedures
Ensure adequate resources for safety
Monitor health and safety performance
Ensure competent advice is available
Take collective responsibility for decisions

What Trustees Cannot Do

Ignore health and safety because they're volunteers
Delegate responsibility completely (accountability remains with trustees)
Assume someone else is dealing with it
Avoid the issue because it seems complex

Personal Liability

While charities may have limited liability structures, trustees can face personal liability for serious health and safety failures, particularly where there's evidence of negligence or disregard for safety.

Employees vs Volunteers

Different rules apply to employees and volunteers, though good practice treats them similarly.

Employees

Full health and safety law applies:

Risk assessments
Safe systems of work
Training and supervision
PPE provision
Employers' liability insurance (compulsory)

Volunteers

The Health and Safety at Work Act Section 3 creates duties to non-employees, including volunteers. Charities must:

Assess risks to volunteers
Provide safe activities
Give appropriate information, instruction, and supervision
Provide necessary equipment

While some specific regulations (like those on PPE provision) technically apply only to employees, good practice and the general duty of care mean charities should treat volunteer safety as seriously as employee safety.

Volunteer Insurance

Employers' liability insurance doesn't cover volunteers (they're not employees), but:

Public liability insurance should cover volunteer injuries in most circumstances
Specific volunteer insurance may be appropriate
Check policy wording carefully

Service User Safety

Many charities work with vulnerable people. Duties extend to their safety.

Risk Assessment

Consider risks to service users:

From charity activities
From premises
From other service users
Specific vulnerabilities

Safeguarding Interface

Health and safety overlaps with safeguarding for vulnerable groups. Ensure:

Clear understanding of both sets of duties
Appropriate staff/volunteer vetting
Policies that address both areas
Clear reporting routes

Events and Fundraising

Charity events create specific safety responsibilities.

Event Planning

For any event, consider:

Venue suitability and safety
Expected numbers and crowd management
Fire and emergency procedures
First aid provision
Food safety (if serving food)
Activity-specific risks
Weather contingencies for outdoor events

Large Events

Larger public events may require:

Event safety plan
Safety advisory group involvement
Specific insurance
Licensed door supervisors
Traffic management
Medical provision

Fundraising Activities

Common activities and their risks:

Street collections (traffic, public interaction)
Challenge events (participant fitness, activity risks)
Charity shops (retail premises duties)
Door-to-door (lone working, public interaction)

Charity Shops

Operating charity shops makes the charity a retail employer with full duties.

Key Requirements

Risk assessments for shop operations
Fire risk assessment
Employers' liability insurance
Safe manual handling
Electrical safety (PAT testing donated items)
COSHH for cleaning chemicals
Violence and abuse policies

Volunteer-Run Shops

Even shops staffed entirely by volunteers require proper safety management. The charity's duties under Section 3 apply, and public liability covers customers.

Premises Safety

Charities occupying premises have workplace duties.

Key Areas

Fire safety (fire risk assessment essential)
Maintenance of premises
Slips and trips prevention
Adequate lighting, heating, ventilation
Welfare facilities
Electrical safety
Asbestos (if older building)

Shared Premises

When sharing with other organisations:

Clear responsibilities
Coordination on shared risks
Information sharing
Joint emergency procedures

Small Charities

Small charities without employees still have duties.

Legal Requirements Still Apply

Duties to volunteers and service users
Fire safety if occupying premises
Activity-specific requirements

Proportionate Response

Risk management should be proportionate to the charity's activities. A small charity running coffee mornings has different requirements than one operating adventure activities.

Getting Help

Small charities can access:

Local authority guidance
Umbrella body resources (NCVO, etc.)
Insurance company advice
Pro bono professional support

Common Questions

Frequently Asked Questions

No - employers' liability insurance is only compulsory if you employ people. However, you should have public liability insurance, which typically covers injuries to volunteers as 'third parties'. Check your policy wording and consider specific volunteer cover.

Potentially, yes. While most claims would be against the charity, trustees can face personal liability for gross negligence or deliberate disregard of safety. Trustee indemnity insurance may provide some protection. The best protection is ensuring proper compliance.

The Health and Safety at Work Act applies to all organisations. Section 3 creates duties to non-employees including volunteers and service users. Risk assessment is required. Regulation complexity scales with activities - a small charity has simpler requirements than a large one.

Both venue and charity have responsibilities. The venue is responsible for premises safety. The charity is responsible for the event activities. Clarify responsibilities in your venue agreement. Both should have appropriate insurance.

A written policy is required if you employ 5 or more people. Even without this requirement, having documented arrangements is good practice. Trustees should be able to demonstrate how they ensure safety.

Summary

Charity health and safety focuses on:

Trustee responsibility - ultimate accountability that cannot be delegated
Volunteers - duties to protect them even though they're not employees
Service users - particularly important for charities working with vulnerable groups
Events - specific planning and risk assessment for fundraising and activities
Proportionate response - smaller charities have simpler requirements but still have duties

Effective safety management protects everyone involved in the charity's work and protects the charity and its trustees from legal consequences.