Is this normal business tactic

Slightly related and maybe of interest on this topic. My last career in California, I was a union worker. In California, you can't usually sue your primary employer for a huge list of workplace injuries. I had about a hundred employers a year, all under a common agreement.

They got together and created a set of qualification courses under the name "Safety Passport training". Ostensibly this was to enhance the worker's safety by having more informed working staff. But everybody was 100% convinced it was for the purpose of shifting liability. Same theory, they were mentally creating a situation where a worker would be less likely to bring successful suit because they officially should have known what constituted safe working conditions, so if they were injured, it had to have been their fault.:doh:

Chiselers.

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Originally Posted by Toolin Around

Now here's the but. I get to the waiver that says I have to agree that they, the organization, will not be held liable for any injury of any kind that may befall me even if they are directly at fault either through their or any of their employees negligence. And that I have no work place protection of any kind... The waiver goes onto say I need to take responsibility for my own actions and take steps to avoid accidents.

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The wording of that document renders it useless to the organisation in the case that you would have to bring a claim against them. They cannot sidestep OH&S legislation. Whether they believe it or not, the responsibility is on them to provide a safe workplace, just as much as you have the responsibility to report incidents and potential hazards to them for action.

Queensland law is very specific on this, and it includes anyone working on any worksite, whether you are paid or not, and whether you are an independent contractor or employed directly by the company or not, and even includes members of the public.

In effect, this type of document is aimed squarely at psychology, not law. As mentioned, they can't get you to waive your rights under the appropriate legislation (even if you do sign it it is unenforceable!), they are simply trying to make you think that you have done so.

Toolin around.

It sounds like a hospital voluntry driving position?

Used to work (voluntarily) for a charity org.they give you nothing, fell down back step,and injured my leg ,no compo.no nothing,bad luck about that, be more careful.Told them where to put it after that.:(

My wife works in workrs compensation insurance and I showed her the thread. Her observations are:

a. you cannot contract out of workers compensation liability.
b. you are entitled to be paid loss of earnings for an injury (ie if you worked for three days and volunteered for two and were injured while volunteering you would be entitled to the three days a week wages lost.
c. none of the above applies if the work is outside Australia
d. journey claims are no longer allowed (ie trips to and from work) so in these circumstances you would also be on your own.

Whether or not it has no legal binding what sort of mongrel low life organisation would write such a thing?

Whether it is psychological or to make volunteers think they have no comeback in the case of an injury etc it sounds very shonky to me. It is a reflection of the scum running the organisation.

Here you are volunteering and the organisation is trying to trick you. They should be tar and feathered and publicly disgraced. They are un-Australian.

Like Mick said, join your local volunteer Fire Fighting organisation. They will give you training, safety equipment the opportunity to meet locals and the satisfaction you are helping your community in a very clear cut fundamental way - saving their lives. They also don't try to deny you your rights of compensation if something goes wrong.

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Originally Posted by jow104

Toolin around.

It sounds like a hospital voluntry driving position?

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It's a native animal hospital on sunshine coast. I'm not too fussed with those that own the place or those that manage it but I like the work the rest of those that work there are trying to accomplish. I'd go somewhere else but there are no other places that I'm aware of on the sunshine coast that are close to me (Caloundra) so this is it for now.

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Originally Posted by Wood Borer

Whether or not it has no legal binding what sort of mongrel low life organisation would write such a thing?

Whether it is psychological or to make volunteers think they have no comeback in the case of an injury etc it sounds very shonky to me. It is a reflection of the scum running the organisation.

Here you are volunteering and the organisation is trying to trick you. They should be tar and feathered and publicly disgraced. They are un-Australian.

Like Mick said, join your local volunteer Fire Fighting organisation. They will give you training, safety equipment the opportunity to meet locals and the satisfaction you are helping your community in a very clear cut fundamental way - saving their lives. They also don't try to deny you your rights of compensation if something goes wrong.

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I agree totally dishonesty like that is something I have a hard time accepting in people. As of monday I'm going to confirm with QLD OH&S and a lawyer that they can't pull this sort of bull shyte. I would have walked immediately if it wasn't for the staff that are truely trying to make a difference.

THANKYOU ALL for your imput.

Yes toolin around I smelt the taste of hospital on your posting.

If there is driving involved, think of the size of damages that could be involved such as a car accident. Millions these days. So the insurance company usually (in the UK) whack the cost of the claim back to the drivers own insurance, for voluntry drivers.

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Originally Posted by Pusser

d. journey claims are no longer allowed (ie trips to and from work) so in these circumstances you would also be on your own.

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Not the case in Queensland. Trips are still covered.

Seems a shame to walk away from something you want to do, just because the org is scared sh''itless that someone will sue.
Check out the law with the local workcover authority and get one of their "legal advice to employers" brochures or whatever they have that points out the rights of volunteers.

When you feel satisfied that its all bluff, Photocopy their silly document with the brochure attached, sign it with a rider that its subject to the conditions on the brochure.

We are all getting a bit paranoid these days, best way to fight this crap is to ignore it.

Astrid

Until a year or so ago, I used to be Queensland Volunteer Services Manager for a major, ie global charity, so part of my job was to write those forms you've been asked to sign.

Unfortunately I'm not going to give you advice, as I'm not a lawyer and the law changes too fast - I had a legal department to advise me!

I was amazed by the level of misinformation floating around community organisations of every size about issues like this. Generally organisations like this are run by a few people trying their hardest to do the best they can, but generally without the time or skills to properly deal with issues like liability for volunteers.

Volunteering Queensland is the peak body for volunteers and volunteer employing organisations, and they can give information to you about this issue. It might also be worth getting the organisation to talk to them too.

PM me if you'd like a contact at VQ - I'd go straight to the CEO and then work downwards.

Here's a page about workplace health and safety for volunteers - its written as advice for volunteer employing organisations.

At the end of the day, it is not possible to sign away any of your rights, so if you are covered, then you are covered, whatever you sign.

Maybe they are just trying to get you to understand that you have a duty to pay attention to your own health and safety.

You could also ask them whether they got legal advice on the forms, and whether they are members of Volunteering Queensland.

Please don't let this stop you from volunteering!

excellent advice rhancock:2tsup::2tsup:
Astrid

I successfully took action against a Go-Kart track even after signing a waiver. They were knowingly using faulty stub axels that collapsed frequenty. Except it collapsed on the quickest part of the track flinging the Kart into an exposed steel pole. :(

I had some pretty bad injuries and their negligence caused the accident, they had no argument!

So it is very correct to say that you cannot contract away your right to sue or claim against negligence.

Cheers

Rod

An relevant section of Rhancocks link states

A person who conducts a business or undertaking has an obligation to ensure the workplace health and safety of each person who performs a work activity for the purposes of the business or undertaking (s.29A).

The Act does not define 'work' or 'work activity'. The Macquarie Dictionary (3rd Ed) defines work very broadly as "exertion directed to produce or accomplish something."

That being said, caring for native animals can be quite hazardous.
Even koalas can rip you wide open and more noticeable hazardous animals like Death Adders and Salties

So some form of income protection really is justifiable