Thailand
NOTIFICATION
OF MINISTRY OF INTERIOR
Re: Working Safety relating to harmful chemicals *
* Government Gazette Vol. 108, part 167, dated 24 September 2534.
By virtue of the provisions of Article 2 (7) of the
Announcement of the Revolutionary Party No. 103, dated 16 March
B.E. 2515, the Ministry of Interior hereby prescribes welfare on
health and safety of the employees as follows:
Clause 1. This Notification shall come into force after
the
lapse of sixty days from the date of publication in Government
Gazette.
Clause 2. In this Notification:
"Harmful chemical" means substance,
composition, mixture in
the form of solid or gas of one or several forms as follows:
(1) Poisonous, corrosive, irritable, allergic, cause
cancer
or harmful to health.
(2) Cause explosion, serious reaction, add oxygen or
highly
inflammable.
(3) Being radio active.
This is according to the kind and type as announced by
the
Director-General.
"Production" means make, mix, concoct,
compound, transform,
change and means to include packing, storage, moving and
labelling or affixing seal or symbol on package, container or
wrapping of harmful chemical.
"Employer" means the person who agrees to
accept the
employee for employment by paying wages, including the person
assigned by the employer to act on his behalf. In case the
employer is a juristic person, it means also the person
authorized to act on behalf of such juristic person and the
person assigned to act on behalf of the authorized person of said
juristic persons.
"Employee" means the person who agrees to
work for an
employer in return for wages, regardless of the fact whether he
receives the wages himself or not.
"Director-General" means the Director-General
of Labour
Department.
CHAPTER 1: WORKING IN RELATION TO HARMFUL
CHEMICAL
Clause 3. Transportation, storage, moving and
restricting
packages, container or wrapper of harmful chemical, the employer
shall act according to the criteria prescribed by the
Director-General .
Clause 4. The employer shall not transport, store, move
or
bring in harmful chemical into the place of operation until he
shall provide suitable large chemical to be stuck at all
packages, containers or wrappers of harmful chemical. The label
shall at least have the following details:
(1) Symbol indicating harm and the word "harmful
chemical"
or "Poisonous substance" or other words showing harm according
to the type of that harmful chemical, in red or black writing
larger than other words, which can be seen clearly.
(2) Chemical name or scientific name of harmful
chemical.
(3) Quantity and composition of harmful chemical.
(4) Harm and poisonous condition of harmful chemical.
(5) Warning about method of storage, use, moving
harmful
chemical and method of packaging, container or wrapper of harmful
chemical with safety. This is to be with the essence in summary
according to the criteria and method prescribed by the
Director-General under Clause 3.
(6) Method of first aid treatment when there is symptom
or
illness due to harmful chemical, and advice to send the patient
to the medical officer.
For the details under (4), (5) and (6) they may be
printed
as insertion in the container.
The label and insertion shall be in Thai, except for
the
details under (2) and (3) which may be in English.
Clause 5. The employer having harmful chemical in the
place
of operation shall state the details to the Director-General or
person assigned by the Director-General, within seven days from
the date of having harmful chemical in possession.
The statement under paragraph one shall be according to
the
form prescribed by the Director-General .
Clause 6. The employer having harmful chemical in the
place
of operation shall prepare-report on the safety and assessment
of the harm of the chemical at least once a year, and inform the
Director-General or person assigned by the Director-General
within fifteen days from the date of assessment.
The statement under paragraph one shall be according to
the
form prescribed by the Director-General .
Clause 7. The employer shall look after or revise so
that
the volume of the concentration of harmful chemical in the place
of operation where the employees are working is not in excess
of that prescribed by the Ministry of Interior.
In case there is concentration of harmful chemical
prescribed in the law on working safety in respect to
environmental condition (chemical), it shall be as prescribed.
Clause 8. The employer shall arrange the place of
operation
of the employees concerning with harmful chemical to have the
condition and characteristic as follows:
(1) Healthy, clean and in good order.
(2) Having suitable ventilation, especially oxygen
shall be
not less than eighteen per cent of the volume of atmosphere.
(3) There is system for prevention and disposal, such
as
specific air ventilation. moisture system and cover so that
harmful chemical in the air is not in excess of the volume
prescribed.
Clause 9. The employer shall notify and put up the
notice
in conspicuous place prohibited the employee to stay in the place
of operation concerning harmful chemical, place of storage of
harmful chemical or vehicle for transport of harmful chemical.
Clause 10. The employer shall arrange to have the board
to
state: "Place for storage of harmful chemical. Unauthorized entry
prohibited."which is to be affixed at the entrance to that place
clearly to be seen all the time.
Clause 11. The employer shall put up notice or prepare
a
notice board reading: "Employee shall not smoke, drink, eat or
store food", with writing large enough to be seen clearly at the
storage place or production place or transfer of harmful
chemical, and shall see that the employee shall comply with such
prohibition.
Clause 12. The employer shall provide the form for the
employee working with harmful chemical and to provide place for
keeping the form separately.
Clause 13. The employer shall provide place for washing
harmful chemical, such as shower, eye wash, in the area where the
employee is working with harmful chemical, so that the employee
may use it immediately in emergency.
Clause 14. The employer shall provide wash basin for
washing
hands and face for the employees working with harmful chemical
for not less than fifteen persons, and it shall be increased
proportionately with the number of employees. Fraction of fifteen
persons if over seven shall be considered as fifteen persons.
This is for use before eating, drinking and before leaving the
place of work every time.
Clause 15. The employer shall provide bath-room for the
employees working with harmful chemical for their special use in
cleaning, at the rate of one bath-room to fifteen employees and
it shall be increased proportionately with the number of
employees. Fraction of fifteen persons if over seven shall be
considered as fifteen persons. Necessities in cleaning harmful
chemical from the body shall be provided sufficiently and for use
throughout the time.
Clause 16. The employer shall arrange for the
measurement
of the concentration of harmful chemical in the atmosphere around
the place of work and storage, regularly. This is according to
the condition or nature of harmful chemical, which at least shall
be: not more than six months at a time, and report the result of
the measurement according to the form prescribed by the
Director-General or person assigned by the Director-General
within thirty days from the date of the measurement.
Clause 17. The employee shall arrange for the training
of
employees on the work concerning with harmful chemical, or when
there is change of production process, so that they may know and
understand the process of production, storage, transportation,
harm from chemical, method of control and protection, method of
dealing with pollution, method of evacuating the employee from
harmful area and first aid for the person injured.
Clause 18. In case there is harmful chemical leaking or
dispersed or there is fire or explosion which may cause harm to
the employee, to become sick or die suddenly the employer shall
have all the employees in the area or nearby to stop work
immediately and be out of the radius which may cause harm, and
the employer shall have all those concerned to be examined.
The employer shall inform the incident under paragraph
one
in writing to the Director-General or person assigned by the
Director-General, within twenty-four hours and the cause relating
to harmful chemical including the method of prevention, within
fifteen days from the date of the incident.
Clause 19. The employer shall arrange for the physical
examination of employees working with harmful chemical according
to the criteria and procedures as specified by the
Director-General. With each physical examination, the employer
shall act as follows:
(1) Report the result of examination in the form
specified
by the Director-General, to the Director-General or person
assigned by the Director-General, within thirty days from the
date of learning the result of the examination.
(2) Collect the result of physical examination of the
employees at the place of operation to be ready to be checked by
the competent official, for a period of not less than two years
from the date of termination of employment of each employee,
except that there is complaint that the employer has not complied
with this Notification or there is litigation of the case, even
though after the expiry of the time, which the employer shall
keep said document until there is an order or final judgement
relating to such case.
Clause 20. Physical examination of the employee under
Clause
19, if abnormality is found in the body of the employee or the
employee is ill through working with harmful chemical, the
employer shall arrange for the employee to be treated
immediately.
CHAPTER 2: PERSONAL SAFETY PROTECTION
Clause 21. The employer shall provide personal safety
equipment, such as gloves, safety shoes, face protection to
protect against harm from chemical, air filter or respirator or
other necessary equipment, made from material with quality to
protect against harmful chemical, for the employees working with
harmful chemical to wear, as suitable to the condition and nature
of each type of harmful chemical.
The employee working with harmful chemical shall use or
wear
personal safety protection which the employer has provided under
paragraph one. If the employee shall not use or wear said
equipment the employer shall order the work of the employee
stopped until it is used or worn.
Clause 22. The Employer shall provide equipment and
necessary medicine for first aid to the employees sustaining
danger from chemical. This is a prescribed by the
Director-General.
CHAPTER 3: MISCELLANEOUS
Clause 23. The Employer shall pay for the expenses in
providing safety under this Notification.
Clause 24. When it appears that the Employer shall
violate
or fail to comply with this Notification the competent official
may give notice to the employer to comply correctly within the
time as specified in the notice.
Notified on 22 August B.E. 2534
Gen. ISARAPONGSE NOONPAKDI
Minister of Interior
The International Labour Organization is a United Nations specialized agency.