Programme of action for occupational safety and health in Thailand towards the 21th Century: An advisory reportILO East Asia Multidisciplinary Advisory Team (ILO/EASMAT), Bangkok |
Section 2: Strategy and programme of action
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Strategy |
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Section 2: Strategy and programme of action
The problems relating to occupational safety and health in Thailand are significant and growing. While Thailand has been experiencing difficult times since the 1997 financial crisis, the Thai economy is gaining the momentum needed for recovery. In view of the expansion of economic activities envisaged in coming years, further concentrated efforts will be required to reduce the adverse effects of economic activities on workers’ health and safety. The following sections describe the strategies and programmes of action recommended to achieve this end.
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2.1 Strategy
A multi-pronged strategy is recommended, focusing on the most hazardous industries and occupations. An essential element is the establishment of a comprehensive national policy, developed on a tripartite basis. Based on the policy, a concrete mid-term national programme should be established clearly identifying mechanisms for implementing the policy, and providing appropriate funding. A step-by-step strategy for implementation of the policy should be developed. Collaboration between the authorities concerned is an essential prerequisite.
Priority-setting is important to make effective use of limited resources when promoting OSH. To identify priority areas, improved collection and analysis of data on occupational accidents and diseases will be necessary. Close collaboration between the Workmen’s Compensation Office and the divisions responsible for prevention activities is critical in this regard. Continued financial support from the Workmen’s Compensation Fund for OSH programmes is also important.
While decisions about the focus of action should be made on a tripartite basis involving inter-ministerial consultation on the government side, the following issues should be considered:
- establishing a firm national policy and legal framework for the promotion of OSH;
- establishing nationwide OSH training and information dissemination mechanisms;
- ensuring active participation by employers and workers at national and enterprise levels;
- mobilizing available national technical and financial resources more effectively; and
- extending protection to all workers, including the self-employed and home workers.
In the process of gradual expansion of OSH programmes, it is also important to regularly review the progress for each target with reference to clear indicators. For example, the indicator used to show improvements in the enforcement of OSH legislation, compensation scheme and occupational health services might be the percentage of active labour force covered. The indicators pointing to improvements in the training capacity could include the number and capacity of training institutes, universities and workers’ education units. Periodic tripartite evaluation of the progress of the programmes will be the key to success in promoting practical action.
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2.2 Action
Action 1: Establish clear national policy on OSH with a mid-term programme for implementation and regular reviews
The establishment of a clear national policy on OSH is essential if OSH programmes are to be strengthened. The Safety, Occupational Health and Working Environment Committee which is to be established based on Section 100 of the Labour Protection Law should play a key role in the formulation of a national policy on OSH and a mid-term plan. The steps for the formulation of a comprehensive policy and programme could include:
convening, as soon as possible, meetings of the Safety, Occupational Health and Working Environment Committee;
conducting in-depth analysis of existing data and information on OSH in different government authorities including in particular the data at the Workmen’s Compensation Office;
reviewing programmes of each government authority concerned including the Ministry of Labour and Social Welfare, the Ministry of Public Health and the Ministry of Industry;
formulating a coordinated national policy and mid-term programme on OSH with a concrete plan of activities to be undertaken by each ministry, employers’ and workers’ organizations and other institutions;
seeking official endorsement of the policy and programme by the Cabinet;
ensuring inter-ministerial coordination in implementing the policy and programme; and
evaluating implementation of the mid-term programme, and formulation of a new programme, and reviewing the policy as appropriate
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Action 2: Formulate a comprehensive OSH Act to ensure the safety and health of all workers
A national framework for promoting OSH should be established and firmly supported by the enactment of a new OSH Act. This Act would take as a starting point an expanded version of the provisions of Chapter Eight of the Labour Protection Law. The ILO Occupational Safety and Health Convention, 1981 (No. 155), and the Occupational Health Services Convention, 1985 (No.161), provide a useful basis for this. The new law could specify:
that it is the responsibility of employers to protect workers from hazards associated with work through the establishment of safety and health management structures and programmes at the workplace;
that it is the Government’s responsibility to formulate and periodically review national policy and mid-term programmes on OSH;
the creation of an OSH promotion fund;
the rights and duties of workers;
requirements for OSH training for specific jobs;
that it is the responsibility of manufacturers and importers of dangerous machines to ensure the safe design and manufacture of the machines and to provide safety information;
that is the responsibility of manufacturers and importers of hazardous chemicals to provide labels and chemical safety data sheets;
procedures for notification and recording of occupational accidents and diseases;
requirements for the protection of self-employed and home workers; and
designation, qualification and legal powers of government inspectors.
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Action 3: Improve the collection and analysis of data on occupational accidents and diseases
The analysis of prevailing trends in data on occupational accidents and diseases is the basis for the formulation of sound OSH programmes and their effective implementation. The analysis should result in the identification of priority areas such as target industries, occupations and types of accidents. The improvements in the coverage of the Workmen’s Compensation Scheme that have already occurred have given Thailand a good basis for this analysis of accident data. As a collaborative effort by the Department of Labour Protection and Welfare and the Workmen’s Compensation Office, the following steps could be taken:
conducting further analysis of existing data at the Workmen’s Compensation Office, such as data sorted by causal agents and calculation of accident rate by industry, by size of industry and coverage of workmen’s compensation;
publishing widely the above detailed analysis for reference purposes;
conducting sample special analysis of compensation claim forms examining factors such as age distribution, chemicals involved, and the time and the day of the week of the accidents;
improving the accident compensation claim forms taking into account the ILO report, Design of a database on occupational injuries and diseases for the Workmen’s Compensation Fund, (Geneva, 1996);
collecting more detailed information on serious accidents and fatalities by conducting accident investigations more systematically, and providing clear guidance and training for provincial safety inspectors;
collecting and analysing information on unsafe conditions of machinery and equipment emerging from OSH inspections; and
conducting detailed analysis of workmen’s compensation claims at the provincial level for use by the relevant authorities and industries.
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Action 4: Improve the enforcement of OSH legislation
OSH legislation can protect workers properly only when it is properly enforced. It cannot be overemphasized that it is essential to have an adequate number of capable, trained and motivated inspectors and technical support staff nationwide. Multiple measures are needed to ensure effective enforcement, among them, disseminating information on legal requirements to employers and workers, providing advice and support to employers, and organizing strategic and regular inspections. Steps could include:
developing a comprehensive national enforcement policy to make effective use of a limited number of government inspectors and technical staff;
promoting an integrated inspection system mobilizing current labour inspectors, women and child labour inspectors and safety inspectors for OSH;
- establishing career development plans for the inspectors with a view to maintaining trained inspectors for a reasonable period in the same technical field;
focusing safety inspection on hazardous industries and occupations based on deeper analysis of accident data;
reviewing current inspection arrangements, including,
- individual versus team inspection,
- formats for inspection reports,
- the role of private sector agencies in inspecting boilers, pressure vessels and elevators;
improving collaboration and coordination between inspection units and the NICE and RICE, including the expansion of the sustainable OSH programme to provide guidance on creating safety management systems at the enterprise level which comply with the legal requirements;
examining methods of promoting "self-inspection" and voluntary reporting by enterprises;
- reviewing the current training programme for inspectors, and seeking ways in which special technical fields such as construction and chemical safety can be strengthened; and
- utilizing the experience and information available from other ministries for better planning of inspection and OSH law enforcement.
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Action 5: Improve inter-ministerial coordination and collaboration at national and local levels
Many government authorities in Thailand have programmes and technical capacity on occupational safety and health including the Ministry of Labour and Social Welfare, the Ministry of Public Health and the Ministry of Industry. If the efficiency of the programmes is to be enhanced, coordination and collaboration among the authorities concerned must be improved at both national and local levels. Steps to achieve this could include:
- ensuring high-level inter-ministerial collaboration through the Safety, Occupational Health and Working Environment Committee;
establishing a working-level committee to exchange information and experience by reviving the OSH information network or creating a sub-committee under the Safety, Occupational Health and Working Environment Committee;
establishing similar mechanisms (to both (a) and (b)), at the provincial level;
organizing joint investigation teams to probe accidents and occupational diseases;
organizing joint OSH promotion events such as the existing safety week campaign, and seminars; and
- establishing links between the Internet home pages of different authorities.
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Action 6: Strengthen OSH training mechanisms with a view to providing quality training to key target groups nationwide
In 1997, the Ministry of Labour and Social Welfare extensively expanded training programmes for OSH officers. The next challenge will be to improve the quality of the training courses. There is also a need to further expand these training programmes to cover specialized jobs such as crane operators, construction supervisors and users of hazardous chemicals. These improvements in training programmes have to be carried out based on the strategic plan for training mobilizing the private sector. Steps could include:
collecting detailed information on OSH training programmes and activities carried out by the Ministry of Labour, the Ministry of Health, employers’ and workers’ organizations and other institutions including their linkage with legislation;
- developing an OSH training strategy paper after analyzing the OSH training needs based on the data relating to occupational accidents and diseases, as well as information on workers exposed to occupational hazards;
systematically collecting information on practical improvements including the photographs of before and after situations and, wherever possible, the impact on productivity;
regularly revising training packages including guides for trainers incorporating the information on practical OSH improvements;
issuing regulations on OSH training requirements on priority hazards to ensure nationwide training; and
organizing training-of-trainers courses to ensure the OSH training provided is of high quality.
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Action 7: Improve systems for identifying occupational diseases and promoting preventive measures
The weakness of preventive measures against workplace health hazards is a serious issue throughout Thailand. The lack of awareness and expertise in this area, as evidenced by the very few cases of occupational diseases which are compensated, is a major cause of this weakness. There is a need to accelerate efforts to improve the system for identification of occupational diseases and to promote preventive measures. Important measures include:
accelerating the process of developing standards for the diagnosis and compensation of occupational diseases;
strengthening the training of medical doctors on the diagnosis of occupational diseases;
setting up a network of medical doctors who are involved in the diagnosis of occupational diseases;
developing guidelines for regular medical examinations of workers exposed to health hazards and enforcing the legal requirements for medical surveillance and recording the results;
conducting a comprehensive occupational disease survey as a joint effort by all ministries concerned;
developing a network of hospitals capable of carrying out medical examinations;
supporting private sector working environment monitoring agencies to strengthen their capacity to provide quality service and to make it widely available, and developing a network of such agencies;
reviewing the policy of free services for working environment monitoring services provided by the Regional Institute for the Improvement of Working Conditions and Environment with a view to charging reasonable fees;
ensuring proper records are kept of the results of working environment monitoring; and
reviewing the content of various OSH training courses with a view to strengthening measures against occupational diseases.
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Action 8: Improve collaboration between the Workmen’s Compensation Office and the government departments responsible for safety and health
The accident data compiled at the Workmen’s Compensation Office provides valuable information that can be used to formulate sound OSH programmes. More effective OSH programmes will also contribute to the effective operation of the Workmen’s Compensation Fund through the eventual reduction of compensation payments resulting from a reduced accident rate. Therefore, close collaboration between the Workmen’s Compensation Office and the government departments responsible for safety and health is critical for the improvement of OSH programmes and effective use of funds. Steps to improve collaboration could include:
establishing an official link between the Management Board of the Workmen’s Compensation Fund and the Safety, Occupational Health and Working Environment Committee with a view to enhancing effectiveness;
ensuring active participation of employers’ and workers’ representatives in the Board and Committee in line with government policy to develop popular governance by encouraging wider participation and greater transparency; and
- establishing a taskforce among the officials of the Workmen’s Compensation Office and safety and health divisions to work towards,
better analysis of existing data at the Workmen’s Compensation Office,
optimal use of the fund for safety and health promotion using allocations from the interest earned by the Workmen’s Compensation Fund,
appropriate diagnosis of occupational diseases.
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Action 9: Strengthen the capacity of employers’ and workers’ organizations to support and assist their members to improve occupational safety and health and to participate in tripartite dialogue at the national level
The organization of practical activities in the workplace is an essential part of any successful effort to improve occupational safety and health. Safety and health committees play a vital role in enterprise-level action in this regard. It is important to establish and strengthen such committees in as many enterprises as possible, including enterprises in which committees are not legally required. Employers’ and workers’ organizations should support their members in implementing practical safety measures. Another important aspect is active participation of the representatives of employers’ and workers’ organizations at various tripartite fora at the national level. Practical steps to be taken by employers’ and workers’ organizations could include:
enhancing the capacity of employers’ and workers’ organizations to contribute to the development of OSH policy and programmes at both national and local levels;
incorporating OSH and environmental issues in policy statements and mid-term programmes of employers’ and workers’ organizations;
establishing firm structures within employers’ and workers’ organizations to promote the implementation of OSH programmes such as OSH committees, OSH units and OSH officers;
launching practical training and advisory services for members based on analysis of their needs;
disseminating information about practical OSH measures, such as basic ergonomic improvements, chemical safety information and use of locally available safety equipment;
facilitating the exchange of information about successful practical OSH improvement measures between members ;
establishing a network of OSH trainers in trade unions, particularly those trainers trained by the ILO projects funded by Denmark; and
- enhancing trade union leaders’ capacity to develop and negotiate collective labour agreements that pay proper attention to OSH.
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Action 10: Create autonomous public OSH institutions to promote OSH training, information and advisory services as well as health and environmental surveillance services with financial support from the Government and the Workmen’s Compensation Fund
The NICE, RICE and a few associations such as SHAWPAT and OHSWA provide OSH training, information, advisory and environmental monitoring services to enterprises. It is essential to expand the network of institutions providing such services nationwide. Current government policy, however, does not allow further expansion of government institutions such as NICE and RICE. Instead, the Government is promoting the establishment of public organizations by transferring some of the government services to semi-governmental institutions. Examples of such organizations in Asia include the Korean Industrial Safety Corporation, the Japan Industrial Safety and Health Association, the Occupational Safety and Health Council in Hong Kong, China, and the National Institute of Occupational Safety and Health in Malaysia. All these semi-governmental organizations are providing extensive OSH services, charging minimum fees while obtaining financial support from the worker injuries insurance schemes.
In February 1999, the Public Organization Act was enacted in Thailand to facilitate smooth transformation of certain government units into autonomous public organizations. The establishment of a new public organization on OSH combining the Workmen’s Compensation Fund and the NICE, proposed in 1997 by a committee established by the Minister of Labour and Social Welfare, is in line with the new government policy to privatize government services. However, further examination of the disadvantages of separating the Workmen’s Compensation Fund from other social security programmes would seem to be advisable before this reform takes place. Practical steps could include:
- clarifying the needs of enterprises for OSH services and the gap between these needs and the services currently available from the government and non-governmental institutions;
- reviewing the services provided by RICE and NICE with a view to transferring parts of the services to non-governmental institutions; and
- reviewing the current proposal for establishing a new autonomous public OSH organization by combining the Workmen’s Compensation Fund and the OSH units of the MOLSW to:
examine the merits and demerits of separating the fund from other social security schemes;
examine the option of creating an OSH institution without requiring a merger with the Workmen’s Compensation Fund;
ensure the active participation of representatives of workers’ and employers’ organizations in programme formulation and implementation;
ensure public transparency of the operation of the institutions;
ensure quality services from trained staff; and
- ensure a firm financial basis for operation, including support from government and the Workmen’s Compensation Fund.
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Action 11: Expand practical and action-oriented OSH information and research activities
OSH information and research activities play an important role in promoting OSH. With a view to ensuring effective use of limited funds, activities should focus on supporting action at the enterprise level. The exchange of information about practical improvements on OSH and research on practical protective measures is extremely useful. Steps could include:
collecting examples of locally achieved improvements illustrating different aspects of occupational safety and health;
applying the ILO approach Work Improvements in Small Enterprise (WISE) and summarizing information on before and after improvements, including photographs;
promoting exchange of activities and research results between academic institutions. The directory of Thai academic institutions active in OSH being developed by the Mahidol University with the support of the ILO/FINNIDA ASIA-OSH project, is a useful tool that could be used to facilitate this;
developing user-friendly websites for information sharing, particularly those on practical safety measures;
organizing meetings and fora for exchanging information and experience;
publishing newsletters and OSH magazines; and
training information officers from government agencies and employers’ and workers’ organizations to improve their skills and knowledge of available information tools, and strengthening their capacity to continuously upgrade information services.
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Action 12: Develop and implement special OSH programmes for priority industries, occupations and target groups
In addition to the existing OSH programmes, further programmes should be developed for priority industries and target groups. Target groups should be selected based on the analysis of accident data in Thailand and other countries and analysis of prevailing conditions. When formulating and implementing programmes, efforts should be made to work closely with industry and business associations, while the need for development of special regulations should be examined. Special OSH programmes might target:
the construction industry, in which a large number of serious accidents are reported;
- the chemical industry, within which the potential for major industrial accidents exists. The industry could also contribute to the safety of people who use its products, by providing proper information and comprehensive labelling of hazardous chemicals, emphasizing the industry’s role as a chemical safety leader;
stone quarries which employ many workers exposed to mineral dust;
small enterprises which have little OSH expertise and limited financial resources;
transport safety, as many traffic accidents could be unreported occupational accidents; and
- fire safety, with a focus on fire prevention and ensuring that workplaces have safe, unlocked emergency exits.
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Action 13: Develop financial support schemes to promote OSH improvements at enterprise level
While it is important to promote practical low-cost OSH improvements within enterprises, financial support is often needed to help put these into place, particularly in small enterprises. The ideal solution would be to create an OSH promotion fund with a legal basis, as proposed in Action 2 (c). However, while the enactment of comprehensive OSH legislation containing such a provision is the ideal, in the meantime a concerted tripartite effort should be made to develop financial support schemes to promote OSH improvements. An incentive scheme might include:
- small enterprise support fund to subsidize action to improve OSH such as OSH training, introduction of safer machines, environmental monitoring and health surveillance;
- low interest loans for the purchase of new, safer machines and equipment, and to fund renovation of workplaces to create a healthier working environment;
- import tax reduction to encourage enterprises to import selected safer machines, safety equipment and equipment for environmental monitoring and medical surveillance; and
- tax incentives in the form of a reduced depreciation period to encourage the introduction of certain kinds of safer machines, equipment and processes.
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Updated by PAP/SUT/TRS. Approved by BKL. Last update: 1 September 2000.