Reference Manual 7 - Chapter 6: Administrative Requirements

Note: This page contains Chapter 6 of Reference Manual 7 (RM-7) that accompanies Director's Order 7, Volunteers-In-Parks. Users of RM-7 are strongly encouraged to check this page for updates before utilizing previously viewed, printed, or downloaded materials.

Volunteer Liability

The Volunteer Protection Act of 1997 (PL 105-19) defines volunteer work and liability. The goal is to promote volunteerism by limiting or eliminating a volunteer’s risk of tort liability when acting for a government entity.

Volunteers operating under a signed and current volunteer service agreement are covered for liability through the NPS. Parks and programs must establish specific local-level liability policy and limits for all volunteer service agreements. This is especially important when engaging with the following categories of volunteers:

The specific threshold should be documented in the volunteer service agreement.

Volunteers are considered “employee equivalent” for those legal purposes outlined in volunteer service agreements. Like employees, liability (within established limits of a park or program’s threshold) is covered while performing official duties; it is not restricted to park boundaries or NPS facilities. An explanation of these official duties as well as duty station location should be included in the volunteer service agreement. The NPS is self-insured, which means that the NPS assumes financial responsibility in case of an incident. For volunteers who are medical professionals, any claim of malpractice while performing official duties is also covered.

Like NPS employees, coverage is extended to “off the clock” time while the volunteer is on travel status. Some volunteers perform their service outside park physical boundaries and may be asked to stay overnight as part of their official duties, such as Trails and Rails (on Amtrak routes), National River and Trail systems, virtual volunteers, volunteers attending conferences, etc. As long as the volunteer’s work and duty station are specified in the volunteer service agreement, liability is extended to them in cases of workers' compensation and tort claims (within established thresholds).

Any group or individual receiving compensation from the NPS for their services (e.g., through a task agreement) is not a volunteer and is not provided liability coverage through the NPS. These participants must be covered for liability on their own or through their organization, not the NPS, as stipulated in the legal agreement between the NPS and the organization. For example, these individuals should be traveling under their task agreement or agreement instrument, signing up for vehicle use with the partner, and not receiving volunteer program benefits. Individuals who are not performing work and are not under the direction of the NPS should not sign an OF 301a solely for the benefit of the individual “to get liability coverage.”

Individuals who are not performing work and are not under the direction of the NPS should not sign an OF 301a solely for the benefit of the individual “to get liability coverage.” Individuals must never be signed up for the sole purpose of being permitted to use government equipment under NPS liability, such as driving or riding in government vehicles or borrowing landscape or recreational equipment.

Volunteers and Federal Ethics Rules (Hatch Act)

While volunteers are not held to the same ethics laws and regulations that apply to federal employees (including the Hatch Act), they are expected to maintain the professional and ethical standards of the workplace while acting in an official capacity or wearing a volunteer uniform (see Prohibited Volunteer Activities). Volunteers are also expected to comply with all standards of professional conduct that apply to the work the volunteer performs under a volunteer service agreement.

Federal employees who volunteer remain subject to federal standards of ethical conduct, such as Hatch Act and conflict of interest.

Volunteers and the Fair Labor Standards Act

According to the Department of Labor (DOL), the Fair Labor Standards Act (FLSA) recognizes the generosity and public benefits of volunteering and allows individuals to freely volunteer for charitable and public purposes. A volunteer will not be considered an employee for FLSA purposes if the individual volunteers freely for public service and without contemplation or receipt of compensation.

Although the FLSA does not directly apply to volunteer activities, the child labor provisions under FLSA are designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health, safety, and well-being.

See Department of Labor’s Child Labor provisions for more information.

See DOL Fact Sheet #14A: Non-Profit Organizations and the Fair Labor Standards Act for more information.

For NPS employees, see NPS Employees as Volunteers.

Use of Government and Personal Equipment

The NPS should provide the government-owned equipment required to successfully complete the duties of a volunteer position.

If the NPS requires a volunteer to use their living or non-living personal equipment to perform their duties, then use of the property must be “incident to the employee's service, and possession of the property must be reasonable, useful, or appropriate under the circumstances” (see 451 DM 3). The volunteer service agreement must specifically identify the personal property involved and state that the volunteer is required to provide and use this equipment as part of their official duties.

Personal equipment may be recoverable if lost or damaged during use. Parks and programs are encouraged to establish a waiver of claim threshold that establishes a limit on the size of reimbursement claims that will be received. This must be discussed verbally with volunteers and included in their service description.

The DOI Departmental Manual sets out certain categories of items that are not recoverable, including clothing, motor vehicles used for commuting to and from volunteer service, small items of substantial value lost during transport, and items “mysteriously vanished.”

If a volunteer opts to use their personal equipment in lieu of available government-provided equipment and that property is lost, damaged, or destroyed during service, the NPS is not liable for the cost of that property, and the volunteer may not be reimbursed for the loss. A statement to this effect must be included in the volunteer service agreement and must specifically state the volunteer is not required to provide and use personal equipment as part of their official duties and will not be covered.

Federal Employee Status for Volunteers (16 USC 558 (c)) provides the authority for reimbursement for personal property that was lost, damaged, or destroyed while being used for official purposes for the NPS. For guidance on reimbursing recoverable property losses to a volunteer, consult with the park or program administrative officer.

Government Vehicles

Following Director’s Order #44: Personal Property Management (DO-44), volunteers may operate government-owned vehicles for official purposes. The volunteer must:

The operation of the vehicle must be required in writing as part of the volunteer service agreement (both checked on the OF301a and included in the service description). Volunteers required to use government vehicles should receive training in safe, ethical, and appropriate use. For additional guidance, consult with the fleet manager or similar for the park or program.

If international volunteers are required to operate government vehicles for official purposes, the park or program must contact the Department of Motor Vehicle Administration for the state(s) in which the volunteer will operate the vehicle to determine what is recognized as a valid operator’s license.

Director’s Order #44: “Personal Property Management (DO-44)” prohibits the use of a government vehicle for personal use. Prohibited personal use includes the use of a government vehicle to secure groceries when a volunteer is in a remote duty station with no personal vehicle. Individuals must never be signed up as volunteers for the sole purpose of riding in a government vehicle.

DO-44 contains additional guidelines related to the appropriate use of government vehicles.

Vehicle Use and Liability

No additional credentials beyond a valid driver’s license are necessary to operate passenger vehicles that accommodate fewer than 15 passengers. To operate any other government vehicle, the volunteer must show credentials verifying their qualifications and demonstrate proficiency in the operation of the vehicle. The operation of such a vehicle must be in the service description.

If a volunteer causes damage to a government vehicle through an act that is determined by the park’s or program’s review board to be simple negligence, the liability normally incurred by a government employee (including the requirement to pay a deductible) is not applicable. Volunteers are considered federal employees only for the purposes of liability, tort claims, and workers’ compensation. and will not be required to pay for damage to a government vehicle resulting from an act determined to be simple negligence.

Benefits and Protection

Volunteers are members of the public. However, they are considered federal employees (or employee-equivalent) for the purposes of liability, tort claims, and workers’ compensation. Some external volunteer organizations provide their own liability and tort claim coverage in which federal coverage becomes secondary. In the event of multiple and/or overlapping coverage, the order for claiming benefits should be addressed in local policy and the formal agreement established between the NPS and the external organization.

The acts that established volunteer benefits and protection are described below. The Volunteer Protection Act of 1997 (PL 105-19) provides protections to volunteers, nonprofit organizations, and governmental entities in lawsuits based on the activities of volunteers.

Federal Employees’ Compensation Act

Volunteer injuries, near-misses, exposures, and deaths must be reported in the Safety Management Information System (SMIS) by their supervisor just as they would be for an NPS employee. However, a volunteer is not required to submit a workers’ compensation claim to the Office of Workers’ Compensation Programs (OWCP) if they would prefer to handle the injury through their private insurance. If they do opt to submit the claim, the VIP would go through the Employees’ Compensation Operations & Management Portal (ECOMP), and it will be handled by OWCP. OWCP may reject claims made by volunteers who were working outside the scope of their assigned duties (as outlined in their current volunteer service agreement) at the time of the accident.

Federal Tort Claims Act

Under the Federal Tort Claims Act (FTCA), the United States is liable “for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred” (28 USC 1346(b)). This act only allows compensatory damages (for damages sustained, including pain and suffering) and not punitive damages (or damages intended to punish the defendant). Because volunteers are considered employees for the purpose of this act, they are offered the protection of the act for personal liability, as long as they are within the scope of their assigned responsibilities in their current volunteer service agreement.

FTCA and Medical Professionals

The protection afforded by the FTCA includes a claim for negligence for volunteers performing medical services within their scope of duties. The volunteer would have personal immunity for allegations of negligence and wrongful acts, and the claims would have to proceed against the US Government.

The FTCA is different from malpractice insurance. In the event a claim is raised against a medical professional, the FTCA would cover the individual. They would not need to rely on their personal malpractice insurance. FTCA coverage (and the fact that they are personally immune from suit) should be explained to volunteers for allegations arising from activities within the scope of their volunteer service agreements.

Military Personnel and Civilian Employee Claims Act of 1964

The Military Personnel and Civilian Employee Claims Act (MPCECA, 31 USC 3721) allows federal employees to recover for damage or loss of personal property incident to service. Under the Volunteers in the Parks Act, volunteers qualify for this purpose (see 54 USC 102301 and DO-7, Section 8.1). The claim may be allowed only if it is substantiated, the agency determines that possession of the property was reasonable or useful under the circumstances, and no part of the loss was caused by the claimant’s own negligence. There is a two-year statute of limitations. Volunteers may not claim items lost in quarters (at home) unless those quarters are assigned or provided in kind by the US Government. DOI policies cap the amount of the loss that can be compensated at $15,000 (451 DM 3).

The act covers volunteers’ living or non-living personal property (including virtual volunteers’ property) if the equipment was pre-approved for use and documented in the volunteer service agreement.

Safety/Risk Management

The safety and health of volunteers is always of utmost priority. Volunteers must observe the same safety regulations, policies and procedures and use the same safety equipment and personal protective equipment as paid employees. Failure by the volunteer supervisor to provide adequate supervision or appropriate safety training and personal protective equipment not only violates federal mandates but also increases the risk to the volunteer. It also may increase NPS exposure to potential violation notices of OSHA regulations, violate existing labor-management agreements, escalate the number of worker’s compensation claims, and heighten the potential of tort liability for supervisors’ acts of omission.

Volunteers must not perform work for which they are not qualified or have not been adequately trained, work that they do not feel comfortable doing or do not willingly agree to do, or work that is not part of the service description.

Job Hazard/Job Safety Analysis

The volunteer supervisor must use a job hazard analysis or job safety analysis (JHA or JSA) for all volunteer work assignments to determine the level of risk and appropriate mitigation; this is called the ‘risk analysis’ on the OF301a form (i.e., ‘risk assessment attached’). The JHA or JSA form is available from the designated safety officer for the park, region or program. The volunteer supervisor is responsible for evaluating the specific job, outlining the potential hazards/injury sources and identifying actions, procedures, and safety equipment to mitigate safety risks to the volunteer. Volunteers will be provided training on the JHA/JSA (s) prior to commencing work in the park or program. When the JHA/JSA indicates the need for specialized operational and/or safety training, the volunteer will not be allowed to perform the job until all training is completed, the supervisor understands the volunteer’s work capability, and the volunteer understands the job and its hazards.

Training Requirements

Volunteers assigned to operate machinery or equipment where training standards or certification exists (such as chainsaws and specialized equipment or vehicles) must provide proof of training or certification and demonstrate proficiency to the responsible supervisor prior to operating any machinery or equipment. All applicable state and federal age restrictions relating to the operation of machinery or equipment must be enforced.

Personal Protective Equipment

Certain volunteer positions might require volunteers to wear specific items of personal protective equipment. Required personal protective equipment should be listed in the service description.

Typically, personal protective equipment should be purchased directly by the volunteer program, although in some cases volunteers may be reimbursed for the cost. If placed in a work environment with occupational hazards in which personal protective equipment is required by OSHA standards, it must be provided at no cost to the volunteer. Volunteers must also complete any relevant OSHA-required training, and receive medical evaluations and medical surveillance as required, prior to performing work that requires the use of personal protective equipment.

Safety and Hazardous Duties

Volunteers may assist with certain limited law enforcement and visitor protection functions but must not be assigned duties that would place them in life-threatening situations, even as observers. Volunteers may not supervise but can participate in historic weapons firing demonstrations if they have received proper training (see Director's Order #6 section on “Historic Weapons”). See Volunteer Activities for more information.

Any use of volunteers in jobs considered to be hazardous for federal pay purposes must be evaluated on a case-by-case basis and approved by the Superintendent/Manager. Volunteer supervisors must use a JHA or JSA for all volunteer work assignments and consult with their safety officer if they question the appropriateness of a volunteer assignment for a specific duty.

Safeguarding Children, Youth, and Families

While engaging children, youth, and family volunteers, additional risk management procedures should be incorporated into the volunteer program or project activity and may include the following:

Although federal youth employment provisions are not applicable to volunteers, volunteer managers should always check with state and local authorities concerning any safety and health protections applicable to youth. In addition, parks and programs are encouraged to consult with their regional youth program manager (if available) and to keep informed of appropriate state child labor regulations.

Although federal youth employment provisions are not applicable to volunteers, volunteer managers should always check with state and local authorities concerning any safety and health protections applicable to youth. In addition, parks and programs are encouraged to consult with their regional youth program manager and to keep informed of appropriate state child labor regulations.

Equal Employment Opportunity

Federal Equal Employment Opportunity (EEO) laws prohibit employment discrimination on the following bases:

As stated by the U.S. Equal Employment Opportunity Commission (EEOC) "volunteers usually are not protected 'employees.'" However, as outlined by federal laws cited in DO-7, § 9, instances may occur when volunteers are treated like employees in regard to EEO matters. As such, were something to occur, your designated EEO office should be contacted to best determine what next steps are available to the volunteer.

Beyond the resources provided by the EEO, volunteers may reach out to the Ombuds for support determining available next steps, and visit the NPS Employee Wellness site [internal link] which specifies what agency support services are or are not available to volunteers.

Regardless of federal laws or agency resources, volunteers should be treated fairly and with respect. (DO-16E) states: “The National Park Service (NPS) is committed to providing a workplace free of discrimination and harassment based on race, color, religion, sex (including pregnancy and gender identity), sexual orientation, national origin, age, disability, family medical history (including genetic information), status as a parent, marital status, political affiliation, and one that is free from illegal retaliation. The NPS will not tolerate harassing conduct (of a sexual or non-sexual nature) against another NPS employee, intern, volunteer, contractor or other non-federal employee, or other member of the public. The NPS also will not tolerate reprisal or retaliation if employees report harassment or provide information related to such complaints.”

The NPS cannot correct harassing conduct if a supervisor, manager, or other NPS official does not become aware of it. Any volunteer who has been subjected to harassing conduct is encouraged to inform the person(s) responsible for the conduct that it is unwelcome and offensive and request it cease. If the conduct continues, is severe, or if the volunteer is uncomfortable addressing the responsible person(s) about the conduct, the volunteer is encouraged to report the matter to: