Today’s question is:

Recently while on duty with St John Ambulance in WA myself and two fellow volunteers were transporting a patient between hospital and a residential care facility. When we arrived at the care facility there was a significant delay while suitable staff were located who were trained to operate the hoisting equipment that they needed to transfer the patient.

While we were waiting one fellow volunteer noted that they were in fact trained to use the hoist, as they also worked in a care facility outside of their volunteering with St John. They were unsure, however, if they were ‘covered’ by St John to use that skill while on duty because they had not been trained by SJA and were not sure if they were ‘authorised’ by SJA to use hoists.

Additionally, the second volunteer I was with noted that in their paid employment with St John as a transport officer they were in fact trained to use hoists by SJA, however they were also concerned that they were not ‘authorised’ in the present context. The concern was raised as to who would be ‘liable’ if an accidental injury occurred while using equipment or skills when St John had not provided training for or ‘authorised’ that equipment or skill.

Perversely, it seemed that we might actually be ‘safer’ transferring our patient using slide boards, rather than a hoist and after quite a long wait we were in fact about to slide the patient, however the care facility found the right staff to hoist the patient just before we did so.

In some other states and territories it seems that volunteer workers are covered by the same kind of schemes that are in place for paid staff who are injured at work. In WA, this seems to be different.

If we had hoisted the patient and a volunteer had been accidentally injured while doing so, would St John have been obliged to cover costs associated with an injury? Does it make a difference if we are trained (by SJA or otherwise) to hoist? Does it make a difference if we are not explicitly authorised to do so? If we are explicitly forbidden to do so?

Very much obliged if you can shed some light on these questions.

First let me note it’s perverse to think one is ‘safer’ not to use a hoist that one is trained to use, and risk injury but be covered for insurance.  Surely it’s better not to get hurt, than to get hurt but hope there’s a workers compensation policy in place.

Second my correspondent’s comment:

In some other states and territories it seems that volunteer workers are covered by the same kind of schemes that are in place for paid staff who are injured at work. In WA, this seems to be different.

Is not quite correct. To take NSW as an example, the Workplace Injury Management and Workers Compensation Act 1998 (NSW) Sch 1, cl 16 says volunteers with NSW Ambulance are deemed employees.  Volunteers with NSW RFS, NSW SES and others are covered for workers compensation by the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 (NSW).

It’s not that volunteer workers, for any agency, are covered by the same sort of compensation scheme that is in place for paid staff.  Rather volunteers for the state-run emergency services are covered by the same (or similar) schemes as the paid staff, but volunteers for other agencies eg a Lions Club, rely on the club’s own policy and insurance schemes.

(I do acknowledge that in every state other than WA and Victoria, there is the model Work Health and Safety legislation.  For that legislation a ‘worker’ includes a ‘volunteer’.  That means in those states a volunteer has to be considered alongside workers when implementing health and safety measures, but the Work Health and Safety laws are not the same as the workers compensation laws.  The fact that a person is a worker for the purposes of the Work Health and Safety Act 2011 (NSW) does not mean that person is also a worker for the purposes of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)).

To turn though, to the subject of the question that is the issue of compensation for St John (WA) volunteers.  By virtue of the Services Agreement Between State of Western Australia and St John Ambulance Western Australia Limited (1 July 2015 to 30 June 2018; cl 7.1(e)) St John is required to maintain:

Personal Accident insurance covering Service Staff engaged by the Provider on a voluntary basis for an amount equal to the current Prescribed Amount under the Workers’ Compensation and Injury Management Act 1981 (WA).

That clause doesn’t say that the insurance has to be in exactly the same terms as no fault Workers compensation only that insurance must cover the ‘prescribed amount’; that is $119 048 as at 30 June 2000 indexed in accordance with the Act (Workers’ Compensation And Injury Management Act 1981 (WA) s 5, definition of ‘prescribed amount’).  Whilst it may not specifically spell it out, the implication is that volunteers are to be insured as if they are employees.

I note that on the webpage offering information for potential regional volunteer ambulance officers, it says:

Volunteers will be informed of the Occupational Safety and Health requirements applicable to volunteers. Safety Injury and Support Services provide extensive information about their services and policies on the intranet.

I don’t have access to the intranet so can’t comment on what safety injury and support services are provided.

Discussion

Workers compensation is a no-fault scheme. One can be disqualified from benefits for ‘serious and wilful misconduct’ (Workers’ Compensation and Injury Management Act 1981 (WA) s 22) but that is not what is being described in the question.  The fact that the hoist was there, and two members were trained in its use, one by St John, would suggest that a prudent employee would use it rather than risk injury by manual handling.  The arrival of the care staff is not going to change the risk to the patient. And there is only one entity, St John (WA) so the fact that a volunteer was trained in the course of his employment with St John means he or she was trained by St John.  Playing semantics as to where the training comes from does nothing to advance either patient or volunteer safety.

Conclusion

Whilst every case depends on its facts it is my view impossible that St John, via the insurance policy it is required to maintain, would not be required to provide injury compensation and rehabilitation services to employees if they were injured in the circumstances described.