Y. Arizona Volunteer Protection Act

Owned by jmonty@arizona.edu
Dec 06, 2024
2 min read

Arizona Volunteer Protection Act: Overview

The Arizona Volunteer Protection Act (A.R.S. § 12-982 et seq.) is a state law designed to encourage volunteerism by providing certain legal protections to volunteers working for nonprofit organizations or government entities. It aims to limit personal liability for volunteers who act in good faith within the scope of their assigned duties, fostering a safe and supportive environment for volunteer contributions.

Key Provisions of the Arizona Volunteer Protection Act

  1. Who is Covered?

    • Volunteers performing services for:

      • Nonprofit organizations (501(c)(3)).

      • Government entities.

    • Volunteers must not receive compensation beyond reimbursement for actual expenses.

  2. Scope of Protection

    • Volunteers are protected from liability for civil damages arising from their acts or omissions while performing duties within their volunteer role.

  3. Exceptions to Protection

    • The act does not protect volunteers in cases of:

      • Gross negligence: Reckless disregard for safety.

      • Intentional misconduct: Knowingly causing harm.

      • Criminal behavior: Violations of criminal law.

      • Actions taken outside the scope of their responsibilities.

  4. Applicability

    • Applies to activities that are part of the nonprofit’s or government entity’s mission and comply with its policies and procedures.

Implications for Volunteers

  1. Liability Limitation

    • As long as volunteers adhere to their defined responsibilities and act in good faith, they are generally shielded from lawsuits or personal liability for accidents or unintentional harm caused during their volunteer work.

  2. Risk Awareness

    • Volunteers should ensure they understand their role and any associated risks. Acting beyond their scope of duties may expose them to personal liability.

  3. Insurance Coverage

    • Organizations often maintain insurance policies that complement these protections, providing additional coverage for volunteers.

Best Practices for Volunteer Administrators

  1. Clearly Defined Roles

    • Provide role descriptions and ensure volunteers understand their responsibilities.

  2. Comprehensive Training

    • Train volunteers on safety protocols and compliance with organizational policies.

  3. Risk Management

    • Perform risk assessments for all volunteer roles to minimize potential liability.

  4. Documentation

    • Maintain signed agreements outlining volunteer responsibilities and expectations.

Scenario Example

Situation:
A volunteer working at a 4-H youth event accidentally trips and spills hot coffee, burning another attendee.

Outcome Under the Arizona Volunteer Protection Act:

  • If the volunteer was acting within their assigned duties and the accident was not due to gross negligence or intentional harm, the act protects them from being personally liable for damages.

However, the organization may still be held liable and need to respond through its insurance or other resources.

 

Â