VOLUNTEERS

POLICY 33

NOTE: THIS POLICY, LIKE ALL OTHER MUSC HUMAN RESOURCES POLICIES, IS NOT A CONTRACT OF EMPLOYMENT AND SHOULD NOT BE RELIED UPON AS SUCH. THIS POLICY MAY BE CHANGED AT ANY TIME BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA.

1. POLICY
   The Medical University of South Carolina depends upon volunteer support to accomplish its missions of education, patient care and research, and wishes to ensure that volunteers’ relationships with the institution are clearly established and understood by all parties. It further is the purpose of this policy to ensure that MUSC complies with all federal and state laws governing employees of publicly funded institutions. (29 CFR 553.101; SC Code 8-25-10)
   1. For the purpose of this policy, a volunteer is defined as "An individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered, is considered to be a volunteer during such hours. Individuals performing hours of service for such a public agency will be considered volunteers for the time so spent and not submit to sections 6, 7 and 11 of the FLSA (Fair Labor Standards Act) when such hours of service are performed in accord with sections 3(e) (4) (A) and (B) of the FLSA and the guidelines in this subpart."
   2. Individuals shall be considered volunteers only where their services are offered freely and without pressure or coercion, direct or implied. MUSC will not tolerate the use of a volunteer’s services in any attempt to abuse or manipulate wage or overtime requirements.
   3. To qualify as a volunteer, an individual must be willing to provide services according to the procedures in this policy. An individual who performs volunteer services for an entity that is not directly related to the business of the institution (e.g., a government or public agency or an alumni association), is not considered an institutional volunteer for the purposes of this policy. However, an individual who performs volunteer services in the community on behalf of the institution when there is no outside agency involved is considered a volunteer.
      
      Caution: These situations may appear ambiguous. Whenever you are not certain as to whether an individual should be classified as a volunteer, contact either Volunteer Services for the Medical Center or the Department of Human Resources for the University.
      
      
   4. A volunteer is an agent of the institution while performing assigned duties. Therefore, volunteers are expected to abide by institutional policies and external regulations that govern their actions, including but not limited to those of ethical behavior, confidentiality, financial responsibility, and illegal use of drugs. Volunteers are not covered by the Fair Labor Standards Act and are not considered employees for any purpose. As a result of this volunteer association, they are not eligible for nor entitled to any institutional benefits, including Worker’s Compensation.
   5. Anyone, including current or retired employees, students, alumni, or others may provide volunteer services to the institution, with the following restrictions;
      1. All volunteers under the age of 16 must provide written parental consent;
      2. An employee may not become a volunteer at the institution in any capacity in which she or he is employed by the university, or which is in the same occupational category, or which is essentially similar to the individual’s regular work at the university;
      3. Volunteers are prohibited from working in high security or sensitive areas.
   6. Volunteers are prohibited from the following;
      1. Operation of heavy equipment;
      2. Working with hazardous materials, environments or related areas which may otherwise place the volunteer at risk for physical harm, until they have received adequate orientation and training of the hazards from the supervisor/principal investigator who is responsible for the areas where the hazards exist;
      3. Working with stored energy;
      4. Any activity considered inappropriate for an employee;
      5. Entering into any contract on behalf of the institution;
      6. Volunteers under the age of 18 are prohibited from working in high hazardous areas. (Note: If you have any questions regarding hazardous environment, contact the Office of University Risk Management.)
   7. Payment for volunteer services is not allowed. However, the institution may reimbursement volunteers for actual and reasonable expenses, following standard reimbursement guidelines.
   8. It is the practice of MUSC not to engage volunteers in any position/occupation for which they may be under consideration for employment into that same or similar position. An individual providing volunteer services does so without the expectation of employment, an offer of employment or compensation other than reimbursement for reasonable expenses incurred while performing in an official capacity as a volunteer.
      
      
2. STUDENT VOLUNTEERS
   MUSC offers training, mentoring and shadowing opportunities to students wishing to experience or learn more about the medical, research or academic profession. The following items must be adhered to when engaging the services of a student volunteer.
   1. Students volunteering under the authority of an approved agreement between MUSC and the respective educational, community or civic organization typically contacts the Department of Human Resources Management for orientation. A current copy of this agreement must be on file with the Office of Risk Management.
   2. Students volunteering independent of any approved agreement between MUSC and a representative organization must be at least 16 years of age or older. Students under age 16 must submit a signed parental consent form prior to commencement of any volunteer activities.
      
      
3. PROCEDURE
   1. Any individual wishing to volunteer with the MUSC Medical Center must complete the application for Volunteer Services at the Medical Center Volunteer Services Office.
   2. Any individual wishing to volunteer with MUSC Academic/Research must complete the application for Volunteer Services at the Human Resources Service Center, Harborview Office Tower, Room 105.
   3. Departments wishing to engage in the services of a volunteer for MUSC Academic/Research must complete the Academic/Research Volunteer Checklist.
      1. Based on the information provided by the department on the checklist, HRM will determine whether or not the services provided by the volunteer comply with the spirit of the Department of Labor regulations regarding volunteers.
      2. Prior to commencement of volunteer activities all volunteers will undergo a MUSC physical assessment; a criminal history investigation; and, attend the Occupational Safety and Health Administration (OSHA) briefing.