The Volunteer Legal At-Risk Test
Disclaimer: This publication is designed to provide accurate information in regard to the subject matter covered. However, it is not intended to provide legal or other professional advice. If legal advice is required, the services of a competent professional should be sought.
1. My nonprofit organization has volunteers complete an application form.
YES
NO
2. My nonprofit organization carefully reviews volunteers’ backgrounds, experiences, and skills, and matches volunteers to appropriate assignments.
YES
NO
3. If volunteers work with children or in unsupervised, one-on-one situations with others, criminal background checks are conducted.
YES
NO
N/A
4. My nonprofit organization uses "position descriptions" for volunteer assignments.
YES
NO
5. An attorney or other professional has recently reviewed volunteer applications and position descriptions.
YES
NO
6. Volunteers are interviewed prior to being selected.
YES
NO
7. Staff responsible for interviewing potential volunteers are trained in proper interview techniques.
YES
NO
8. If volunteers drive vehicles, the volunteers are required to be properly licensed and their history of accidents and moving violations is reviewed.
YES
NO
N/A
9. Volunteers are provided appropriate training for their assignments.
YES
NO
10. The paid staff of the organization supervises volunteers.
YES
NO
11. My nonprofit organization does not place its members, volunteers or the public in situations in which a reasonable person would consider to be dangerous.
YES
NO
12. If volunteers under the age of 18 are used, additional training and closer supervision is provided.
YES
NO
N/A
13. My organization uses informed consent forms that are drafted to relieve the organization from inherent risks of certain activities, but that do not attempt to excuse the organization from responsibility for its own negligence.
YES
NO
N/A
14. When young children are involved in an activity, parental consent forms are used.
YES
NO
N/A
15. My organization has insurance to cover the acts, errors and omissions of its volunteers; my organization understands any exceptions to or limitations of its insurance coverage.
YES
NO
16. My organization has procedures in place to respond to an accident or other incident involving a volunteer, including medical procedures, contacting and assisting family members, and drafting incident reports.
YES
NO
17. My organization has developed a risk management plan, including identifying our organization’s potential risk, and implementing plans to avoid, reduce and control risks.
YES
NO
18. I understand the limited protection afforded by the recently enacted federal Volunteer Protection Act.
YES
NO
19. I have reviewed the laws of my state (and any other state in which my organization is operated or incorporated) that deal with volunteer and nonprofit organization liability (or that limit such liability).
YES
NO
20. If my organization becomes aware of, or is informed of, a dangerous or potentially dangerous situation, immediate action is taken, even if that requires removing a volunteer from an assignment.
YES
NO
Volunteer Risk:
Less than 3 "No’s" – minimal risk, keep up the good work;
3-5 "No’s" – some risk, consider tightening some procedures;
6+ "No’s" – risky business, get a legal audit fast!