The Volunteer Protection Act popped up in some research I was doing today. I must admit that I’ve never heard of it and think it is a great topic for discussion.
Imagine some unfortunate accident at your church.
What would you think if you heard someone say:
“Don’t worry — the Volunteer Protection Act covers us.”
Sounds like great news, but is it?
That statement is partly true… and partly misunderstood.
Let’s break it down clearly.
What Is the Volunteer Protection Act?
Passed by Congress in 1997, the Volunteer Protection Act (VPA) is a federal law designed to protect volunteers from personal liability when serving nonprofit organizations or government entities.
The goal was simple:
Encourage volunteer service without fear of being personally sued.
It does not primarily protect the organization. It protects the individual volunteer.
That distinction is very important for churches.
What Does the Act Actually Protect?
The VPA protects a volunteer from being personally liable for harm caused while serving a nonprofit if:
- The volunteer was acting within the scope of their responsibilities.
- Only use responsible people
- The volunteer was properly licensed or certified (if required).
- Require training for equipment (Example-golf carts, man lift, etc.)
- The harm was not caused by:
- Willful misconduct
- Gross negligence
- Reckless behavior
- Criminal conduct
If those conditions are met, the volunteer generally cannot be held personally responsible for ordinary negligence.
I’ve had volunteers mention they were hesitant about serving for fear of being sued. The VPA might help ease their fears!
What It Does NOT Protect Against
The Act does not protect volunteers who:
- Act recklessly
- Ignore obvious safety rules
- Commit criminal acts
- Engage in gross negligence
- Operate vehicles (motor vehicle accidents are excluded in many cases)
It also does not protect against:
- Federal civil rights violations
- Sexual misconduct claims
- State law claims that override federal minimum standards
And again — it does not automatically shield the church itself from liability.
How This Applies to Churches
Let’s look at practical church examples:
Example 1:
A volunteer greeter forgets to put out a wet floor sign after mopping and someone slips.
If it was simple negligence (not reckless disregard), the VPA may protect the volunteer personally.
But the church could still be sued. That is why clear job descriptions, church policies, and training are so very important. (Even for greeters!)
Example 2:
A youth volunteer ignores child safety policies and leaves minors unattended in a risky environment.
That could be considered gross negligence. The VPA likely would not apply. Again, training and policies are important. Put a lot of thought into who you are assigning to volunteer roles.
Example 3:
A volunteer driver causes a car accident while transporting youth.
Motor vehicle incidents are generally excluded from VPA protection. The volunteer and church may both face exposure.
Important Clarification for Church Leaders
The Volunteer Protection Act:
- Protects volunteers from personal financial ruin in many ordinary negligence cases.
- Does not eliminate lawsuits.
- Does not eliminate the church’s liability.
- Does not replace insurance.
Why Insurance Still Matters
Because the organization itself can still be sued, churches should carry:
- General liability insurance
- Directors & Officers (D&O) coverage
- Volunteer accident coverage
- Auto liability coverage
The VPA helps individuals. Insurance protects the ministry.
Bottom Line
The Volunteer Protection Act was created to encourage service — not to excuse carelessness.
For churches, the safest posture is:
Strong policies + proper training + good supervision + adequate insurance.