To promote volunteerism, the Volunteer Protection Act  (VPA) was signed into law in 1997. This act pre-empts  existing, looser state laws protecting nonprofit  volunteers, encouraging the public to participate in social  service.

Overview of the Volunteer Protection Act 

VPA protects volunteers against civil liability under the following conditions: 

• The volunteer was acting within the guidelines of his or her job description 
• The volunteer had the proper licenses, certifications or was authorized to act, and those acts were within his or her job description 
• The volunteer 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 
• The volunteer did not inflict harm while using a motor vehicle, aircraft or other vehicle

The VPA provides consistent protection for all nonprofit  personnel since state laws vary. More specifically, many  states only provide protection to the organization’s  director or board members, while others protect  everyone associated with the organization.

The VPA does not, however, protect a volunteer from  litigation brought by the organization onto the volunteer  for violating one of previously mentioned criteria.  

Most importantly, the VPA does not protect the  nonprofit organization from litigation; it only protects the  volunteer. In other words, the organization may be liable  for the negligent actions of the volunteer, even when the  volunteer is immune from litigation under the VPA.  Therefore, the burden of responsibility is on the  organization to assure that its volunteers are acting in a  lawful manner while carrying out the duties assigned to  them by the nonprofit.

The Volunteer Protection Act provides consistent protection of nonprofit personnel across the nation since state laws vary. 

Examples of the Scope of the VPA 

Use these examples to see the scope of the VPA: 

• A child is severely injured while swimming at a  church-sponsored summer camp. The volunteer  camp counselor who neglected to supervise the pool  would not be liable for the incident. However, the  church is liable for not hiring a properly trained  lifeguard to supervise the pool. 
• While driving several young players to a little league  baseball game, a volunteer coach makes an illegal  left turn and hits another car. In this instance, the  volunteer is liable and is not immune under VPA or  the state law because he violated a traffic law

Consequences of VPA 

Though the act does encourage the public to volunteer  without fear of litigation and assures that volunteer  protection laws do not vary significantly from state to  state, it also poses threats to you, the organization. With  this added legal security, volunteers may take more risks  while doing assigned jobs or take on responsibilities  without proper training. Furthermore, they may not  exercise the type of caution needed or become careless  in their dealings with the populations the organization  serves.

The act may also deter organizations from enacting risk  management programs to ensure that volunteers are  properly trained, knowledgeable and prepared.  

Organization Liability Prevention

To prevent excessive liability on your organization, you  should do the following: 

• Establish a risk management program run by a  designated committee to address factors that could  negatively affect your organization. The committee  should identify risks that have the potential to be  costly for the organization.  
• Have risk financing in place to pay for damages, legal  expenses, injuries or other costs associated with  litigation. 
• Obtain general liability insurance, which protects  against bodily injury and property damage claims  that are brought against you organization by the  volunteer.

General liability insurance will protect an organization’s  assets in the event of a lawsuit. In some cases, the VPA  may also reduce the organization’s risk and, therefore, may reduce the insurance premium. Contact Defy  Insurance to learn more about our cost-effective liability  insurance solutions to protect against litigation as a  result of volunteer actions.

Get a free insurance quote from Defy Insurance: https://zurl.co/FsxS