PANEL DISCUSSION
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Tripartite panel discussion on the current OSH situation in Thailand and the need for an OSH Act | |
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Mr. Pornchai Yooprayong, Deputy Director-General, DLPW | |
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Assoc. Prof. Dr. Chalermchai Chaikittiporn, Head of Department of OSH, Mahidol University | |
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Mr. Praphad Phodhivorakhun, Chairman, Employers' Confederation of Thai Trade and Industry | |
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Mr. Panus Thailuan, President, National Congress of Thai Labour | |
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Conclusions | |
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Strengthening the national programme on major accident prevention |
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Dr. Wilawan Juengprasert, Department of Health | |
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Mr. Nuttawat Montewan, NICE | |
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Mrs. Helen Aromdee, Department of Industrial Works | |
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Mr. Sumetha Vichienpet, Pollution Control Department | |
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Assoc. Prof. Dr. Voravidh Chareonloet, Chulalongkorn University | |
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Conclusions | |
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Tripartite panel
discussion:
on the current OSH situation in Thailand and the need for an OSH Act
| Mr. Pornchai Yooprayong |
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The current occupational accident rate is derived from workmen's compensation claims from enterprises employing more than 10 workers. It excludes workplaces employing between 1 and 9 employees. In 1999, reported injuries numbered 171,997—or 32.22 per 1,000, a decline from 45.27 per 1,000 in 1997.
Bangkok, Chonburi, Rayong, and Chachensao provinces had the highest accident rates as well as the greatest number of establishments employing 200-499 employees and workers in the 25- to 29-year-old age group.
In addition, the Labour Protection Act (B.E. 2541; A.D. 1998) has not been enforced in sectors including state enterprises, agriculture, and self-employed and home workers. Labour needs the protection of OSH law which addresses the following areas:
- management systems;
- cooperation between management and shop-floor workers;
- more effective administration by the dominant organization; clarification and codification of safety concerns;
- working environment standards;
- other preventive measures;
- training; and
- unified law enforcement.
| Associate Prof. Dr. Chalermchai Chaikittiporn |
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Most small and medium enterprises (SMEs) do not yet have a system of OSH management, which helps to explain the high accident rates reported by the Ministry of Public Health, as well as the even more important incidence of occupational diseases, which is much less well documented. Workers, furthermore, lack awareness and information regarding OSH. Major causes of work-related diseases include noise, temperature stresses, dust, and chemicals. Major accidents such as toxic releases, fires, and explosions, meanwhile, cause major impacts not only in the workplace but also among the public.
Given generally inappropriate mechanisms of accident investigation, as well as failure to inform the public of relevant findings, lessons learned from major accidents have not contributed much to developing preventive measures. In addition, workplaces at risk have not applied accident investigation techniques and findings to the effective prevention of accidents. Mechanisms for developing public service human resources are poor, and furthermore, law enforcement is ineffective.
In light of all these observations, the Government must proceed urgently with an OSH and Working Environment Act.
| Mr. Praphad Phodhivorakhun |
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The high rate of injuries and the under-reporting of occupational diseases in the Ministry of Public Health report has already been remarked upon. The injury rate is responsible for huge economic losses—estimated at not less than 200,000 million baht annually, in Thailand. Small-scale industries account for 90 per cent of the major problems, given that this sector experiences little government supervision and that employers tend to lack interest in managing safer workplaces.
The injury rate is a constraint on entrepreneurs who wish to compete with other countries, since consumers abroad often demand, as a prerequisite of preferred trading terms, compliance with labour standards such as Social Accountability 8000 (SA 8000).
One of the factors behind the prevailing unsafe working conditions is the overlapping accountability of government agencies such as the Ministries of Labour and Social Welfare, Industry, and Public health. The respective laws need integrating, and law enforcement needs to be more effective.
Another factor is inadequate OSH cooperation between employers and workers in the workplace, even though the existing labour law specifies that enterprises must have an OSH and working environment committee, as well as to delegate a safety officer.
The Government needs to reform the OSH system, establishing a public OSH organization, and the OSH Act must cover all occupations where efficient OSH measures are essential.
| Mr. Panus Thailuan |
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The occupational injury rate declined between 1997 and 1999, but this should not be attributed to better OSH management. Instead, the decline was a result of a national and regional economic crisis that caused a slowdown in gross production.
It is noticed that the ineffective of government agencies to enforce such laws, employer disregard of OSH issues, and worker apathy and lack of knowledge, leading no real progress in reducing the injury rate within the past decade.
Therefore, I demand accountability from government agencies and employers to recognize their OsH duties and mission in order to provide safer workplaces for promoting their workers. I agree that establishment of the OSH and Working Environment Act to project workers' lives is essential.
| Conclusions |
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- The highest injury rates are in Bangkok, Chonburi, Rayong, and Chachengsao provinces, where industries typically employ 200-499 workers aged 25-29 years.
- The Labour Protection Act (B.E. 2541; A.D. 1998) is not enforced with state enterprises, agricultural workers, the self-employed, or home workers.
- An independent OSH Act would help to optimize implementation of the Labour Protection Act.
- SMEs have neither complied with nor implemented OSH regulations. Neither are SMEs being supervised by the competent authorities.
- Most workers lack the knowledge to prevent work-related diseases.
- The competent authorities have not applied the experience to be learned from past accidents in managing preventive plans.
- Government OSH human resources are inadequate.
- There is an urgent need that the OSH Act be gazetted.
- Both lack of government supervision and employer negligence are responsible for high injury and fatality rates among small-scale industries.
- Better OSH legislation, enforcement, and management would lead to fewer instances of requirement to comply with SA8000 as a trade barrier by disconcerning tax for the manufacturer.
- More collaboration is needed among the competent OSH authorities. Reformed OSH organization is essential.
- An independent public OSH organization must be established, and the OSH Act must be applied to every sector and every occupation.
- OSH law enforcement has so far been ineffective.
- Employers need to more surely recognize the importance of safety and health issues.
- All the tripartite panel participants agreed that an OSH Act was essential.
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Panel discussion :
Strengthening the national programme on major accident prevention
| Dr. Wilawan Juengprasert |
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The Ministry of Public Health is responsible for promoting health and OSH law enforcement. Some regulations are relevant at the national level to major accident prevention and control. The Ministry has established a national committee on chemical safety, comprising government representatives and involved organizations and aiming to monitor and control chemicals that present major hazards. The national committee is following up on the first national master plan on developing chemical safety (1997-2001) with a second national master plan (2002-2005).
There are 11 relevant organizations involved in chemical safety administering 28 laws, which leads to enforcement problems. The committee is currently working to improve these laws and build a network for sharing information more efficiently.
The role of the Ministry is to promote health, prevent diseases, provide medical care, and prevent major accidents. Organizations at both the central and local levels are responsible for medical care, technical services, and public health. The Department of Health administers the Public Health Act (B.E. 2535; A.D. 1992); the Food and Drug Administration (FDA) implements the Toxic Chemical Act (B.E. 2535; A.D 1992); and the Department of Medicine, from its Narenthorn Centre, serves as a rescue coordinator at both the central and local levels. Section 5 of the Public Health Act is related to unpleasant events, and Section 7 is concerned with industries that are potentially hazardous to health, with responsibility for implementation of legislation decentralized to local government.
Medical care and public health services are provided by 17 regional, 75 general, and more than 800 community hospitals in local districts (amphur). In addition, health services operate in sub-local districts (tambon) all over the country. All these organizations can serve major accident victims, as well as provide major accident prevention planning and coordinate emergency major accident drills with other hospitals.
In conclusion, the Ministry has responsibility from the primary to tertiary prevention system and primary to tertiary medical care, from first-aid in situ to delivery to treatment.
| Mr. Nuttawat Montewan |
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MOLSW in cooperation with the Ministry of Industry, is responsible for reducing the incidence of major accidents. The Department manages risks, both among the 12 highest-risk industries and in general, providing guidelines and a comprehensive manual for complying with the law. The Government also evaluates performance, in this regard.
The Government has resolved to unify those laws, furthermore, aiming to have the respective ministerial safety inspections performed more efficiently. Manpower constraints are a major problem, however, in requiring industry to regulate OSH performance according to law.
| Mrs. Helen Aromdee |
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Under the Industry Act (B.E. 2535; A.D. 1992), the Department of Industrial Work (Ministry of Industry) is responsible for controlling the import, manufacture, and handling of hazardous chemicals under the Toxic Chemicals Act (B.E.2535; A.D. 1992). Furthermore, the Department is a national focal point for the UNEP Awareness Prepareness for Emergency project, which is responsible at the local level for coordinating government, private sector, and local community preparations for emergencies.
Following the losses from fire at Thai Oil in 1999, the Minister of Industry ordered the drafting of a master plan for emergency control in high-risk industries, especially petrochemicals and oil. The draft falls into three main parts:
- The chairman of the committee for emergency control in high-risk industries is to serve as Permanent Secretary of the Ministry.
- An information centre should be established to compile safety information, offer hot line services, and provide a database of tools and instruments available to industry.
- Notification of the Ministry of Industry No.3 (B.E. 2542; 1999), concerning preventive safety measures in 12 industries, calls for an information centre for fire-fighting instruments, including the obligation to implement risk assessment, risk management, and emergency planning.
The Department addresses human resources management through risk assessment training and TIS 18000. With support from the Government of Japan and the cooperation of the Ministry of Labour and Social Welfare, the Department is working with the OSH Management Association (Rayong) and Map Ta Put Industrial Estate to provide risk assessment training for industry. A hazard identification and evaluation training project is also being undertaken together with Mahidol University, Bangkok. UNEP has translated the guidelines for dissemination to industry.
In conclusion, the Department is focusing on preventive measures.
| Mr. Sumetha Vichienpet |
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The Department of Pollution Control (Ministry of Science, Technology and Environment) participates in related legislation and major accident prevention planning. With local government support—for instance, local emergency response planning in Samut Prakarn Province—hazardous chemicals emergency management reduces risk to the public and to the environment.
Furthermore, the Department has produced information and training for emergency rescue, and developed a chemical accident investigation database derived via the Internet from the experience of other authorities. The Department also encourages cooperation between local and national government agencies in drilling emergency response teams, as well as in developing environmental rehabilitation guidelines for the aftermath of major accidents.
The Environment Policy and Planning Bureau is responsible for environmental impact assessment (EIA) approval and evaluation of control measures for major hazard prevention.
| Dr. Voravidh Chareonloet |
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Major accidents cause major losses in terms of human lives lost and both physical and emotional illness among families, local communities, and the public at large. The agro-industry explosion, for example, has had negative impacts on the public and has required government compensation to both workers and other victims.
Accidents are preventable, and many are the lessons to be learned from the past. The Kader factory, for example, collapsed because attempts to cut costs in a highly competitive trading environment led to unsafe construction.
Effective major accident prevention requires better coordination and integration, with less redundancy of effort and more networking among concerned agencies. Legislation providing for compensation and a centre to care for major accident victims needs revision and more effective implementation.
Major hazard prevention also requires OSH reform, with public enterprises—under the supervision of the Ministry of Labour and Social Welfare (MOLSW)—becoming involved in improving OSH and the working environment, implementing a one stop service including a compensation work.
In addition, OSH law should, in the light of prior public hearings, be unified in one Act.
Finally, a comprehensive and easily accessed source of qualitative information regarding major accidents—their causes, consequences, and control—is important for networking between the public and private sectors.
| Conclusions |
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- The Ministry of Public Health administers primary to tertiary preventive measures and medical care.
- The Department of Labour Protection and Welfare is collaborating with the Ministry of Industry in the management of high-risk industries, and agrees to unify an OSH Act.
- The Department of Industrial Work has concentrated on a preventive role.
- The Department of Pollution Control is responsible for drafting a major hazard prevention plan and other regulations.
- Local government needs support in preparing to meet emergencies involving hazardous chemicals.
- Local-level action plans need management.
- A centre for assisting in emergency preparedness regarding hazardous chemicals must be established.
- A database of international and national experience regarding major hazard accident investigation needs to be developed.
- Public hearings should precede a unification of OSH regulations in a single OSH Act, encouraging more effective collaboration among the competent authorities and focusing on preventive measures.
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Updated by SUT/TRS. Approved by BKL. Last update: 4 July 2001.