Thailand - 2014

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Summary/citation: Some categories of workers may not fall within its scope of application. Particularly, workers who are not in employee status as defined by the OSH Act.

  • 2.2.1.1 Migrant workers

    Summary/citation: “Employee” means a person who is employed by an employer for remuneration, regardless of the title that he/she is given. An employee is also a person who is allowed to work or to provide benefit for or in an establishment of an employer, regardless of the name used.

    Remarks / comments: Under the OSH Act 2011, a migrant worker is not excluded from the definition of employee. However, a number of migrant workers in informal economy may not be considered to have legal employee status and, hence, are not covered by the labour law.

    • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 4)

  • 2.2.1.2 Domestic workers

    Remarks / comments: In November 2012, the Ministerial Regulation No. 14 B.E. 2555 (A.D. 2012), issued under the Labour Protection Act B.E. 2541 (A.D. 1998), entered into force with the main purpose to improve workplace rights for domestic workers in Thailand. This Regulation applies to employers employing workers to perform domestic work which does not involve business operations. It extends some rights and protections provided under the Labour Protection Act to domestic workers, namely the right to a weekly rest day, traditional public holidays, sick leave and payment of unused leave days in case of termination. Further, it provides that the general minimum age for admission to employment set by the Labour Protection Act is applicable to domestic workers. Although issues on OSH are not emphasized, the Regulation aligns several aspects of the legislation with the Domestic Workers Convention, 2011 (No. 189) and Recommendation (No. 201).

    • Ministerial Regulation No. 14 on the Protection of Domestic Workers B.E. 2555 (A.D. 2012).

  • 2.2.1.3 Home workers

    Summary/citation: Home workers in Thailand are protected under the Home-based Workers Protection Act, B.E. 2553 (A.D. 2010). Essentially, this Act provides certain benefits to the home-based workers -- including protection of wages, occupational safety and health at work, as well as responsibility of employers toward this group of workers.

    With a specific chapter “Chapter 4 – Safety at Work”, this Act provided a basis for protection of safety and health of home-based workers. The following are the main points under this chapter:

    • Section 20 prohibits any pregnant women or children under the age of 15 to perform works those are potentially dangerous to their health and safety.

    • Section 21 prohibits the employment, hiring contractors to perform:
    (1) Work involving hazardous substances;
    (2) Work involving tools or machines that generate harmful vibration;
    (3) Work involving heat or cold, which may be dangerous;
    (4) Any other works that may affect the safety and health of worker.

    • Section 22 prohibits the supply or delivery of materials, equipment or other things used in the work that may be hazardous to the home-based workers.

    • Section 23 requires employers to alert the home-based workers with information about the dangers that might arise from the use of raw materials and other equipment used at work, as well as how to prevent them. Appropriate safety protection equipment shall also be provided adequately.

    • Section 24 requires employers to be responsible for the medical bills, the rehabilitation and funeral expenses in case of work injury, illness, disability or death injury or death.

    • Homeworkers Protection Act, B.E. 2553 (2010). (§§ 20-24)

  • 2.2.1.4 Self-employed persons

    Remarks / comments: A self-employed person in Thailand is typically considered an informal worker who, under the OSH Act, do not have either employer or employee status, and may not fall within its scope of application.

    In August 2013, the Department of Labour Protection and Welfare issued the Notification: Guidance on Occupational Safety, Health and Environment for Informal Workers. This Guidance intends to protect informal workers against unsafe and non-hygienic working conditions and environment. It requires all informal workers, including self-employed persons, to take care of their workplaces in order to promote safety and health at work and to meet applicable standards.

    • Notification: Guidance on Occupational Safety, Health and Environment for Informal Workers

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: An agricultural worker who is an employee, by definition under the OSH Act, shall be covered by its scope of application. In addition, there is a specific Ministerial Regulation on Labour Protection in Agricultural Sector, B.E. 2547 (A.D. 2004) that prescribes requirements on wage, rest day, holidays, sick leave, etc. for agricultural workers who are employed to work all year round.

  Remarks / comments: Agriculural workers who are self-employed persons or work in informal sector shall follow the Notification of the Department of Labour Protection and Welfare: Guidance on Occupational Safety, Health and Environment for Informal Workers.

  • Notification: Guidance on Occupational Safety, Health and Environment for Informal Workers

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 4)

  • Ministerial Regulation on Labour Protection in Agricultural Sector, B.E. 2547 (A.D. 2004).

• 2.4.2 Construction

  Summary/citation: Construction industry is not excluded from the scope of application of the OSH Act. Additionally, there are several Ministerial Regulations issued under the OSH Act, that prescribe specific requirements for the OSH administration and management in relation to construction activities.

  • Ministerial Regulation of the Ministry of Labour on the prescribing of standard for administration and management of occupational safety, health and environment (No.2), B.E. 2553 (A.D. 2010).

  • Ministerial Regulation (B.E. 2552) on Administration and Management of the Aspect of Occupational Safety and Health and Working Environment relating to Machines, Cranes and Boilers. (Chapter 2)

  • Ministerial Regulation Prescribing the Standard for Administration and Management of Occupational Safety, Health and Environment for Construction Work, B.E. 2551 (A.D. 2008).

  • Ministerial Regulation, Specification of Occupational Safety, Hygiene and Environment Management Standards (B.E. 2549). (Clause 1(3))

• 2.4.3 Services

  Remarks / comments: In principle, the OSH Act would cover all genres of establishments and agencies including the healthcare units. Thus, an employee in any category of service industry (except for those particulars prescribed in the Ministerial Regulation) shall be under the scope of coverage of the OSH Act.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 3)

• 2.4.4 Public sector

  Summary/citation: The OSH Act shall not apply to:

  (1) Central administration, provincial administration and local administration;
  (2) Other enterprises in whole or in part as prescribed in the Ministerial Regulation.

  The central administration, regional provincial administration, local government administration and other enterprises prescribed in the Ministerial Regulation shall render standards for administration and management of occupational safety, health and environment as such standards shall not be lower than stipulated by this Act.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 3)

• 2.4.5 Other

  Remarks / comments: Exemptions from the scope of coverage of the OSH Act on some particular matters are prescribed in the Ministerial Regulation.

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: In July 2010, the revised list of occupational diseases was released under the Notification of the Ministry of Labour: Diseases that occur at work or because of the nature or type of work. This Notification has been in effect under the Workmen’s Compensation Act, B.E. 2537 (A.D. 1994). Diseases are categorized into 8 groups, as follow:

  (1) Diseases caused by chemical agents
  1) Beryllium or its compounds
  2) Cadmium or its compounds
  3) Phosphorus or its compounds
  4) Chromium or its compounds
  5) Manganese or its compounds
  6) Arsenic or its compounds
  7) Mercury or its compounds
  8) Lead or its compounds
  9) Fluorine or its compounds
  10) Chlorine or its compounds
  11) Ammonia
  12) Carbon disulfide
  13) Halogen derivatives of hydrocarbons
  14) Benzene or its derivatives
  15) Nitro and amino derivatives of benzene
  16) Sulfur dioxide or sulfuric acid
  17) Nitroglycerin or other forms of nitric acid
  18) Alcohol, glycol or ketone
  19) Carbon monoxide, hydrogen cyanide or its compounds, hydrogen sulfide
  20) Acrylonitrile
  21) Oxides of nitrogen
  22) Vanadium or its compounds
  23) Antimony or its compounds
  24) Hexane
  25) Mineral acids that cause dental disease
  26) Pharmaceutical agents
  27) Thallium and its compounds
  28) Osmium or its compounds
  29) Selenium or its compounds
  30) Copper or its compounds
  31) Tin or its compounds
  32) Zinc or its compounds
  33) Ozone, phosgene.
  34) Irritating substances such as benzoquinone or other corneal irritants
  35) Pesticides
  36) Aldehyde, formaldehyde and gluta-aldehyde
  37) Dioxins
  38) Any other chemical agents, where there is sufficient evidence to establish a link between the occupational exposure and the disease

  (2) Diseases caused by physical agents
  1) Noise-induced hearing loss
  2) Diseases from vibration exposure
  3) Decompression sickness
  4) Diseases from ionizing radiation
  5) Diseases from heat radiation
  6) Diseases from ultraviolet light
  7) Diseases from other non-ionizing radiations
  8) Diseases from light or electromagnetic waves
  9) Diseases from extreme temperature
  10) Any other physical agents, where there is sufficient evidence to establish a link between the occupational exposure and the disease

  (3) Diseases caused by biological agents, including infection or disease due to parasites, contracted in an occupation where there is a particular risk of contamination.

  (4) Occupational respiratory diseases
  1) Pneumoconioses caused by mineral dust (e.g., silicosis, asbestosis)
  2) Bronchopulmonary diseases caused by heavy metal dust
  3) Byssinosis caused by cotton dust
  4) Occupational asthma caused by recognized sensitizing agents or irritants
  5) Extrinsic allergic pneumonitis caused by the inhalation of organic dusts
  6) Siderosis
  7) Chronic obstructive pulmonary disease
  8) Lung diseases caused by aluminium or its compounds
  9) Upper airways disorders caused by sensitizing agents or irritants at work
  10) Any other respiratory diseases, where there is sufficient evidence to establish a direct link between the occupational exposure and the disease

  (5) Occupational skin diseases
  1) Skin diseases caused by physical, chemical or biological agents not included under other items
  2) Occupational vitiligo

  (6) Musculoskeletal disorders caused by work activities or work environment where particular risk factors are present.

  (7) Occupational cancers caused by the following agents:
  1) Asbestos
  2) Benzidine or its salts
  3) Bis-chloromethyl ether (BCME)
  4) Chromium or its compounds
  5) Coal tars, coal tar pitches or soot
  6) Beta napthylamine
  7) Vinyl chloride
  8) Benzene or its toxic homogolues
  9) Toxic nitro- and amino-derivatives of benzene or its homologues
  10) Ionizing radiations
  11) Tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances
  12) Coke over emissions
  13) Compounds of nickel
  14) Wood dust
  15) Cancer caused by any other agents, where there is sufficient evidence to establish a link between the occupational exposure and the disease

  (8) Other diseases not mentioned in the preceding items that have been proved to occur at work, or because of the nature or type of work.

  • Notification of the Ministry of Labour: Diseases that occur at work or because of the nature or type of work.

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Remarks / comments: Under the Workmen’s Compensation Act, B.E. 2537 (A.D. 1994), a Medical Committee has been established. This committee consists of qualified persons in various fields of medical profession. The process for compensating other diseases as occupational ones involves the submission of cases to the Medical Committee for consideration.

  • Workmen's Compensation Act B.E. 2537 of 15 June 1994. (§§ 38-43)

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The objectives of the OSH Bureau are to support the mission on OSH administration to be more systematic and effective, to facilitate its services by decentralizing to its Regional Centers, to decrease the redundancy of works, to emphasize on the network participation as well as to act as the host agency for the driving of national agenda on “Decent Safety and Health for Workers” to achieve the ultimate outcomes.

  OSH Bureau has the following authorities and functions:

  (1) Set up and develop OSH standards;
  (2) Monitor and supervise employers, workers, related individuals, legal persons or relevant agencies to comply with the OSH laws or standards;
  (3) Provide services related to the authorization, registration and supervision of activities or services prescribed under the OSH laws or standards;
  (4) Develop a system for OSH protection, inspection and control measures;
  (5) Develop an OSH information technology system and network;
  (6) Conduct researches or studies to identify OSH problems and to develop appropriate measures for further adoption of OSH laws or standards;
  (7) Develop OSH network and promote participation;
  (8) Coordinate or support the functions of relevant agencies, as been assigned.

  OSH services have been provided through 12 Regional Occupational Safety and Health Centers established in the central and regional areas. In addition, there are 76 Provincial Labour Protection and Welfare Offices, taking care of OSH administration and legal issues at provincial level. In Bangkok Metropolitan Area (BMA), there are together 10 Labour Protection and Welfare Offices, taking care of such works in their responsible areas.

  • Ministerial Regulation of the Ministry of Labour on the Organization of the Department of Labour Protection and Welfare, B.E. 2552 (A.D. 2009). (Clause 10)

• 3.1.2 Chairperson and composition

  Summary/citation: The Minister of Labour shall take charge of the execution of the OSH Act and shall have the power to appoint OSH inspectors, and to issue ministerial regulations, notifications and rules for the execution of this Act, including to issue a ministerial regulation prescribing the fees not exceeding the rate annexed hereto and the exemption of the fees.

  The organization and administration of OSH under the Ministry of Labour is shown by the following figure:

  Ministry of Labour
  (Permanent Secretary)
  |
  Department of Labour Protection and Welfare
  (Director-General)
  |
  Bureau of Occupational Safety and Health
  (Executive Director)
  |
  12 Regional Occupational Safety and Health Centers
  (Directors)

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 5)

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  Summary/citation: The OSH Promotion Institute has the following objectives and roles/functions:

  (1) Develop and promote countermeasures to solve OSH problems;
  (2) Facilitate the preparation of standards to promote OSH activities;
  (3) Coordinate or jointly operate with other agencies on OSH promotion, both from public and private sectors;
  (4) Conduct or arrange research programs for OSH promotion;
  (5) Perform any other actions as prescribed by the related law.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 52)

• 3.2.2 Governance board constitution and chairmanship

  Remarks / comments: An Ad hoc Committee for the Establishment of the OSH Promotion Institute has been setup, and it is composed of 12 members. All of them are officials and staff from the Department of Labour Protection and Welfare. After the Institute has been fully established, these ad hoc committee members will become its staff and the Board of Administration will be setup.

• 3.2.3 Source of funding

  Remarks / comments: Initiated fund for the Establishment of the OSH Promotion Institute is allocated by the government. Once the Institute is in full operation, as a public organization, sources of funding and annual budget shall be from its own administration, e.g. service fees, benefits, donated money, etc.

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  Summary/citation: The administrative mechanism, including monitoring, evaluation, and review of National OSH Master Plan are conducted twice a year (once a year for the review of project planning). These will be done by the sub-committee or the working group that has been authorized by the National Committee on Occupational Safety, Health and Working Environment, or the Administrative Committee for the National OSH Agenda. These sub-committees or working groups comprised of representatives from over 20 concerned authorities/organizations. Progress and outcomes derived from the implementation of this National Master Plan will be proposed to the National Committee for OSH Promotion, chaired by the Deputy Prime Minister, for further consideration.

  • National Master Plan on Occupational Safety, Health and Environment (2012 – 2016)

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  Summary / Citation: Health check up is required for workers who are exposed to specific hazards or risk factors related to work. In this regard, the term “risk factor related to work” is defined by referring to the work that involves:

  (1) Hazardous chemical substances
  (2) Toxic microbe which may be a virus, bacteria, fungus or other biological organisms
  (3) Radioactivity
  (4) Heat, cold, vibration, atmospheric pressure, light, noise or other environments which may be hazardous

  List of hazardous chemical substances for which specific health check up is required has been announced under the Notification of the Ministry of Labour re: Specific health check up for employees performing works in relation to chemical risk factors, B.E. 2552 (A.D. 2009). These hazardous chemical substances are listed by category, as follows:

  (1) Hazardous organic solvents
  1) Glycol
  2) Glutaraldehyde
  3) Chloroform
  4) Ketone and Methyl ethyl ketone
  5) Naphthas
  6) Benzidine and its salts
  7) Benzene and its derivatives, such as xylene, toluene, styrene
  8) Benzoquinone
  9) Bis (chloromethyl) ether
  10) beta-Naphthylamine
  11) Propane
  12) Formaldehyde
  13) Phenol
  14) Methanol
  15) Methylene chloride
  16) Methyl isocyanate
  17) Trichloro ethylene
  18) Acrylonitrile
  19) Acetone
  20) Acetonitrile
  21) Ether
  22) Ethyl acetate
  23) Ethylene dichloride
  24) Isopropyl alcohol
  25) Hexane and its derivatives, such as cyclohexanone
  26) Hydroquinone

  (2) Hazardous gases
  1) Chlorine or its compounds
  2) Carbon monoxide
  3) Sulfur dioxide
  4) Phosgene
  5) Fluorine or its compounds
  6) Vinyl chloride
  7) Oxides of nitrogen
  8) Ethylene oxide
  9) Ammonia
  10) Hydrogen sulfide
  11) Hydrogen cyanide or its compounds

  (3) Hazardous dust, fume or metal powders.
  1) Cadmium or its compounds
  2) Cobalt or its compounds
  3) Chromium or its compounds
  4) Silver
  5) Selenium or its compounds
  6) Tin or its compounds
  7) Lead or its compounds
  8) Copper or its compounds
  9) Thallium or its compounds
  10) Nickel or its compounds
  11) Beryllium or its compounds
  12) Mercury or its compounds
  13) Antimony or its compounds
  14) Manganese or its compounds
  15) Vanadium or its compounds
  16) Zinc or its compounds
  17) Arsenic or its compounds
  18) Iron
  19) Aluminium or its compounds
  20) Osmium or its compounds
  11) Hydrogen cyanide or its compounds

  (4) Hazardous acids
  1) Sulphuric acid
  2) Mineral acid
  3) Nitric acid

  (5) Pesticides
  1) Organophosphates
  2) Carbamate

  (6) Other hazardous chemicals
  1) Carbon disulfide
  2) Silica
  3) Coal
  4) Mineral oils
  5) Coal-tar pitches
  6) Shale oils
  7) Cotton flax and hemp dust
  8) Wood dust
  9) Phosphorus or its compounds
  10) Glass fiber
  11) Dioxin
  12) Asbestos

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 32)

  • Notification of the Ministry of Labour concerning Specific Health Check up for Employees Performing Works in relation to Chemical Risk Factors, B.E. 2552 (A.D. 2009).

  • Ministerial Regulation on the Prescribing of Criteria and Method of Conducting Health Check up of Employees and Forwarding the Results of Health Check up to Labour Inspectors, B.E. 2547 (A.D. 2004).

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: Requirement on first-aid arrangements at workplace is prescribed under the Ministerial Regulation on Labour welfare at workplace, B.E. 2548 (A.D. 2005), issued under the Labour Protection Act, B.E. 2541 (A.D. 1998).

  Necessities for first-aid are based on the number of employees, as follow:

  (1) Workplace with less than 200 employees requires 29 first-aid items as listed (such as cotton, gauze, bandage/self-adhering elastic bandage, thermometer, hemostatic hose, scissor, brooch, and common medicines).

  (2) Workplace with more than 200 employees:
  - Medical supplies and medicines as in (1);
  - Medical treatment room accommodated with at least 1 bed as well as additional medical supplies and medicines as required for first aid treatment;
  - At least 1 standby nurse throughout working hours;
  - Standby doctor, no less than 2 days per week or in the total service of no less than 6 hours per week.

  (3) Workplace with more than 1,000 employees:
  - Medical supplies and medicines as in (1);
  - Medical treatment room accommodated with at least 2 beds as well as additional medical supplies and medicines as required for first aid treatment;
  - At least 2 standby nurses throughout working hours;
  - Standby doctor, no less than 3 days per week or in the total service of no less than 12 hours per week;
  - Standby vehicle for transferring injured employee to hospital or medical service facility in case of emergency.

  • Ministerial Regulation on Labour Welfare at Workplace, B.E. 2548 (A.D. 2005). (Clause 2)

  • Labour Protection Act 1998 (B.E. 2541). (Chapter 7)

• 4.8.2 Sanitary installations

  Summary / Citation: Requirement on sanitary installations is prescribed under the Ministerial Regulation on Labour welfare at workplace.

  The employer shall provide gender-exclusive restrooms at the workplace, with the numbers (or ratio per employee) based on Building Control Act and other relevant laws. In case of disabled employee, employer must provide specific disability restroom. These restrooms must be maintained in a clean and hygienic condition on daily basis.

  • Ministerial Regulation on Labour Welfare at Workplace, B.E. 2548 (A.D. 2005).

• 4.8.3 Drinking water

  Summary / Citation: Requirement on drinking water is prescribed under the Ministerial Regulation on Labour welfare at workplace.

  Clean drinking water dispenser shall be provided at workplace, at the ratio of 1 unit per 40 employees or less.

  • Ministerial Regulation on Labour Welfare at Workplace, B.E. 2548 (A.D. 2005). (Clause 1)

• 4.8.4 Rest and eating areas

  Summary / Citation: Arrangements for rest and eating areas is not required under the Ministerial Regulation on Labour welfare at workplace, B.E. 2548 (A.D. 2005).

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: The Ministerial Regulation of the Ministry of Labour, on the standards for administration and management of occupational safety, health and environment – issue 2, B.E. 2553 (A.D. 2010), currently effective under the Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011), prescribed requirements on the OSH management at the workplace.

  This Ministerial Regulation shall come into force for the following categories of industries or workplaces which have 50 employees or more:
  (1) Mine, quarry, petroleum or petrochemical industry;
  (2) Making, producing, assembling, packaging, repairing, maintaining, storing, improving, decorating, extending, modifying, transforming, degrading or destroying any material or property including constructing ships, and generating, transforming and supplying electricity or other power;
  (3) Constructing, extending, installing, repairing, maintaining, modifying or demolishing of building, airport, railway, underground route, port, dock, pier, water route, road, dam, tunnel, bridge, sewer, water pipe, telegram work, telephone work, electricity work, gas or tap water work or other construction including preparation of or carrying out the foundation work of construction;
  (4) Transport of passengers or goods by land, waterway, air including transporting and transferring of goods;
  (5) Gas or petrol stations;
  (6) Hotels;
  (7) Department stores;
  (8) Medical institutions;
  (9) Financial institutions;
  (10) Physical test service facilities;
  (11) Entertainment, recreation or sport facilities;
  (12) Chemical or biological laboratories;
  (13) Offices supporting the workplaces in (1) to (12);
  (14) Other activities stipulated by the Ministerial Regulation.

  For an establishment that fell into one of the above categories and have 50 employees or more, the employer shall develop and implement an Occupational Safety and Health Management System (OSH-MS). Such system shall include, at least, the following elements:
  (1) OSH policy of the workplace;
  (2) Organization structure for OSH administration of the workplace;
  (3) OSH plan and implementation;
  (4) Review and evaluation of OSH-MS of the workplace;
  (5) Activities carried out to improve OSH of the workplace.

  Employers shall update and improve OSH-MS of the workplace at least once a year. Employers are also responsible for the following:
  - Supervise the implementation of OSH-MS;
  - Encourage all employees to participate in the implementation of OSH-MS.

  In addition, the employer shall make available documentation about OSH-MS of the workplace and keep it for not less than two years from the date of preparation. Also, he/she must provide employees with the access to information related to OSH-MS of the workplace.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 8)

  • Ministerial Regulation of the Ministry of Labour on the prescribing of standard for administration and management of occupational safety, health and environment (No.2), B.E. 2553 (A.D. 2010).

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: The Ministerial Regulation of the Ministry of Labour, on the standards for administration and management of occupational safety, health and environment, B.E. 2549 (A.D. 2006), currently effective under the OSH Act 2011, prescribed requirements on the appointment of OSH practitioner(s) at the workplace.

  An OSH practitioner (called “Safety Officer” by the Ministerial Regulation), is an employee assigned by the employer to perform duties on OSH matters. There are 5 levels of safety officer under this Ministerial Regulation, as follow:
  (1) Supervisor level
  (2) Management level
  (3) Technical level
  (4) Advanced technical level
  (5) Professional level

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 13)

  • Ministerial Regulation for the Administration and Management of Occupational Safety, Health and Environment (B.E. 2549).

• 5.1.3 Written risk assessment

  Summary/citation: Detailed information on the requirement of written risk assessment is not available. However, the OSH Act 2011 requires the employer to have risk assessment conducted by OSH experts or professional services.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§§ 8, 32)

• 5.1.4 Safe operating work systems and procedures

  Summary/citation: Safe operating work systems and procedures are required by the OSH Act 2011.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (Chapter 2)

• 5.1.5 Training and information on risks

  Summary/citation: Providing training and information on risks at the workplace is required by the OSH Act 2011.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§§ 16, 17)

• 5.1.6 Review or assessment of the results of preventive measures

  Remarks / comments: It is not clearly indicated under the Ministerial Regulation of the Ministry of Labour, on the standards for administration and management of occupational safety, health and environment, B.E. 2549 (A.D. 2006) but it is supposed to be part of the activities carried out to improve OSH at the workplace within the framework of the OSH-MS.

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: As prescribed under Section 21 of the OSH Act 2011, whereas the employee is aware of a defect or damage and unable to rectify it by himself/herself, the employee shall inform the safety officer, the supervisor or the executive, and then the safety officer, the supervisor or the executive shall notify the employer in writing without delay.

  Whereas the supervisor is aware of a defect or damage which may be harmful to the life, physique, mentality and health of the employee, the supervisor shall take action to prevent such harm within the scope of his/her responsibility. In case the action cannot be taken, the supervisor shall inform the executive or the employer to address the issues without delay.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 21)

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  Summary / Citation: Any person who intends to render services on OSH measurement, examination, test, certification, risk assessment including arrangement of training or provision of consultancy advice to promote OSH in accordance with the standards prescribed in the Ministerial Regulation issued under the OSH Act, shall register with the Bureau of Occupational Safety and Health, Department of Labour Protection and Welfare.

  Any person who shall act as an OSH expert shall possess a license from the Director-General in conformity to this Act.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 9)

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: Qualifications of the person applying for registration, registering, issuance of a substitute of license, revocation of the register, prescription of service fee and method on rendering OSH services shall be in conformity with criteria, methods and terms as prescribed in the Ministerial Regulation.

    The application for a license, issuance of a license, qualification of the expert, control on operation of the licensee, renewal of a license, issuance of a substitute of license, suspension and revocation of license shall be in conformity with criteria, methods and conditions prescribed in the Ministerial Regulation.

    • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 9)

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  Summary/citation: The Ministerial Regulation, Specification of Occupational Safety, Hygiene and Environment Management Standards (B.E. 2549) (A.D. 2006), shall come into force for the following categories of industries or workplaces:
  (1) Mine, quarry, petroleum or petrochemical industry
  (2) Making, producing, assembling, packaging, repairing, maintaining, storing, improving, decorating, extending, modifying, transforming, degrading or destroying any material or property including constructingships, and generating, transforming and supplying electricity or other power
  (3) Constructing, extending, installing, repairing, maintaining, modifying or demolishing of building, airport, railway, underground route, port, dock, pier, water route, road, dam, tunnel, bridge, sewer, water pipe, telegram work, telephone work, electricity work, gas or tap water work or other construction including preparation of or carrying out the foundation work of construction
  (4) Transport of passengers or goods by land, waterway, air including transporting and transferring of goods
  (5) Gas or petrol stations
  (6) Hotels
  (7) Department stores
  (8) Medical service facilities
  (9) Financial institutions
  (10) Physical testing service facilities
  (11) Entertainment, recreation or sport facilities
  (12) Chemical or biological laboratories
  (13) Offices supporting the workplaces in (1) to (12)
  (14) Other activities stipulated by the Ministerial Regulation

  In any establishment of the categories from (1) to (5) that have 2 or more employees and in any establishment of the categories from (6) to (14) that have 20 or more employees, the employer shall assign an employee who is in charge of supervising, controlling, commanding, and ordering other employers to work within the scope of responsibility of each working unit, to be a safety officer at supervisor level of the establishment. Such person shall bear the qualifications as indicated in Clause 8 of this Ministerial Regulation.

  In any establishment of the categories from (2) to (5) that have 20-49 employees, the employer shall appoint an employee having qualifications as prescribed in Clause 11 to be a safety officer at technical level of the establishment. Such appointed employee shall work as a safety officer for not less than the period stipulated, i.e. not less than 1 hour per day. There shall be an exemption for the establishment which has already a safety officer at advanced technical level or professional level.

  In any establishment of the categories from (2) to (5) that have 50-99 employees, the employer shall appoint an employee having qualifications as prescribed in Clause 14 to be a safety officer at advanced technical level of the establishment. There shall be an exemption for the establishment which has already a safety officer at professional level.

  In any establishment of the first category that have 2 or more employees, and in any establishment in the categories from (2) to (5) that have 100 or more employees, the employer shall appoint at least one employee bearing qualifications as stated in Clause 17 to be a safety officer at professional level of the establishment.

  In the establishments of the categories from (1) to (5) that have 2 or more employees, and in the establishments of the categories from (6) to (14) that have 20 or more employees, the employers shall appoint every employee at management level who have qualifications as prescribed in Clause 20 to be a safety officer at management level of the establishment. In case there is no employee at management level, the employer shall act as the safety officer at management level.

  In addition, in any establishment having 50 or more employees, the employer shall arrange to have a Committee of Occupational Safety, Health and Environment at the establishment. The composition, acquisition and number of committee members shall be based on the workforce size following the criteria prescribed in Clause 23-24. The committee shall perform duties as listed in Clause 25 of this Ministerial Regulation.

  Moreover, in any establishment of the category (1) that have 2 or more employees, and any establishment of the categories (2) to (5) that have 200 or more employees, the employer shall arrange to have an OSH unit (as a section, department, etc. which is directly under the command of the top-level executive of the establishment, and have personnel and budget to work efficiently). Such OSH unit shall be maintained although, in later time, the number of employees may be reduced to less than 200, except the number is reduced to less than 100.

  • Ministerial Regulation, Specification of Occupational Safety, Hygiene and Environment Management Standards (B.E. 2549). (Chapter 1)

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  No data available.
  

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: This Committee has the following authorities and functions:
  (1) Formulate recommendations concerning OSH policies, work plans or measures and submit to the Minister;
  (2) Provide recommendations to the Minister on the issuance of Ministerial Regulations, notifications and rules for the execution of this Act;
  (3) Make comment for the government agencies concerning OSH promotion;
  (4) Decide the appeal under Section 12, Section 33(3) and Section 40(2) of this Act;
  (5) Perform any other actions as prescribed by this Act or as assigned by the Minister.
  

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 25)

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: The members of this tripartite committee, appointed by the Ministry of Labour, are:
  (1) the Permanent Secretary of the Ministry of Labour, as the chairperson
  (2) the Director-General of Pollution Control Department
  (3) the Director-General of the Department of Disease Control
  (4) the Director-General of the Department of Skill Development
  (5) the Director-General of the Department of Public Works and Town & Country Planning
  (6) the Director-General of the Department of Industrial Works
  (7) the Director-General of the Department of Local Administration
  (8) the Director-General of the Department of Labour Protection and Welfare
  (9) 8 representatives of employer party
  (10) 8 representatives of employee party
  (11) 5 qualified OSH experts
  (12) the Executive-Director of the OSH Bureau, as the secretary

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 24)

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  Summary / Citation: The number of workers’ representatives in the Committee shall be based on the total number of employees:

  (1) The workplace having 50-99 employees shall have 2 representatives of the employees acting as members of the committee.

  (2) The workplace having 100-499 employees shall have 3 representatives of the employees acting as members of the committee.

  (3) The workplace having 500 employees or more shall have 5 representatives of the employees acting as members of the committee.

  • Ministerial Regulation, Specification of Occupational Safety, Hygiene and Environment Management Standards (B.E. 2549). (Chapter 2)

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  Summary / Citation: As stated under Clause 24, the members of the Committee who are representatives of the employees shall come from the election arranged by the employer following the regulations and procedures stipulated by the Director-General of the Department of Labour Protection and Welfare.

  • Ministerial Regulation, Specification of Occupational Safety, Hygiene and Environment Management Standards (B.E. 2549). (Clause 24)

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  No data available.
  

• 8.4.2 Right to access OSH information

  Summary / Citation: The OSH committee at the workplace has the duty to assess the operational performance of OSH of the workplace, including surveying, at least once a month, the operational performance of OSH and examining the statistics of dangers occurred in the workplace.
  

  Remarks / comments: The committee shall be composed of representative(s) of the employees selected through the election process arranged by the employer.

  • Ministerial Regulation for the Administration and Management of Occupational Safety, Health and Environment (B.E. 2549). (Clause 25)

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  No data available.
  

• 8.4.5 Right to accompany inspectors

  No data available.
  

• 8.4.6 Right to use facilities

  No data available.
  

• 8.4.7 Right to have time off work with pay to perform duties

  No data available.
  

• 8.4.8 Right to issue remedial notices

  Summary / Citation: The OSH committee at the workplace has the duty to report and give recommendations to the employer on the measures or means of improvement and correction of mistakes, complying with the OSH law and standards by the employees, contractors, and outsiders who are entering the workplace for working or for receiving services.

  Remarks / comments: The committee shall be composed of representative(s) of the employees selected through the election process arranged by the employer.

  • Ministerial Regulation, Specification of Occupational Safety, Hygiene and Environment Management Standards (B.E. 2549). (Clause 25)

• 8.4.9 Right to resolve OSH issues in consultation with employers

  No data available.
  

• 8.4.10 Right to direct that dangerous work cease

  No data available.
  

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  No data available.
  

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  No data available.
  

• 8.5.3 Right to consult with workers

  No data available.
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: The committee shall be composed of representative(s) of the employees selected through the election process arranged by the employer.

  • Ministerial Regulation, Specification of Occupational Safety, Hygiene and Environment Management Standards (B.E. 2549). (Clause 24)

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: The establishment of OSH committee at a workplace shall be based on the total number of its employees:

  (1) Workplaces with 50-99 employees shall have at least a five-member committee comprising the employer or a representative of the employer at management level acting as the Chairman of the Committee, a representative of the employer at commanding level, and 2 representatives of the employees acting as members of the committee, whereas a safety officer at advanced technical or professional level acting as a Member and Secretary of the Committee.

  (2) Workplace with 100-499 employees shall have at least a seven-member committee comprising the employer or a representative of the employer at management level acting as the Chairman of the Committee, 2 representatives of the employer at commanding level, and 3 representatives of the employees acting as members of the committee, whereas a safety officer at professional level acting as Member and Secretary of the Committee.

  (3) Workplaces with 500 employees or more shall have at least an eleven-member committee comprising the employer or a representative of the employer at management level acting as the Chairman of the Committee, 4 representatives of the employer at commanding level, and 5 representatives of the employees acting as members of the committee, whereas a safety officer at professional level acting as Member and Secretary of the Committee.

  • Ministerial Regulation, Specification of Occupational Safety, Hygiene and Environment Management Standards (B.E. 2549). (Clause 23)

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  Summary / Citation: The committee shall have the duties as follows:

  (1) To consider the policy and work plan on OSH and out-of-work safety to prevent and reduce accidents, dangers, sickness, or annoyance resulting from work, to present it to the employer.

  (2) To report and give recommendations to the employer on the measures or means of improvement and correction of mistakes, complying with the OSH law and standards by the employees, contractors, and outsiders who are entering the workplace for working or for receiving services.

  (3) To support and contribute to OSH activities at the workplace.

  (4) To consider the regulation and guidance including the standards on OSH at the workplace to present it to the employer.

  (5) To survey, at least once a month, the operational performance of OSH and examine the statistics of dangers occurred in the workplace.

  (6) To consider the project or training plan on OSH, including the project or training plan on roles and responsibilities for safety of the employees, supervisors, executives, employer, and staff in every level, in order to give suggestions to the employer.

  (7) To systematise the reporting on unsafe working conditions as a duty to be complied with by all employees.

  (8) To follow up on the reports presented to the employer.

  (9) To make an annual report on the operational performance, specifying problems, obstacles, and suggestions on the operation of the committee when completing one year period of service to be presented to the employer.

  (10) To assess the operational performance of OSH of the workplace.

  (11) To conduct other occupational safety activities as assigned by the employer.

  • Ministerial Regulation, Specification of Occupational Safety, Hygiene and Environment Management Standards (B.E. 2549). (Clause 25)

• 8.6.4 Keeping record of the work of joint OSH committees

  Summary / Citation: As stated under Clauses 40 and 41, the employer shall make copies of the operational performance report on OSH and of the minutes of the OSH committee meetings to be kept in the workplace for not less than 2 years as from the date of making the copies, and to be ready in the event of an investigation to be carried out by the labour inspector.

  The employer shall submit a copy of the name-list, duties and responsibilities of the OSH committee to the Department of Labour Protection and Welfare, or to the persons designated by the Director-General, within 15 days as from the date of the appointment or change of the members of the committee.

  The employer shall keep evidence of changes in the safety committee and safety officers at advanced technical or professional level, as well as their responsibilities in the workplace, for not less than 2 years, and be ready for any inspection to be carried out by the competent labour inspector.

  • Ministerial Regulation, Specification of Occupational Safety, Hygiene and Environment Management Standards (B.E. 2549). (Clauses 40 and 41)

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  Summary / Citation: Meetings of the committee shall follow the regulations stipulated by the committee; at least once a month, or by a request of not less than half of its members. Every member shall be informed of the meeting schedule and agenda at least 3 days before the date of the meeting, and the committee shall attend the meeting as scheduled. Meeting minutes shall be distributed to each committee member.

  In addition, Clause 39 requires the employer to post the resolution of the OSH committee meeting in open area to inform the employees within 7 days following the date the meeting takes place.

  • Ministerial Regulation, Specification of Occupational Safety, Hygiene and Environment Management Standards (B.E. 2549). (Clauses 27 and 39)

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: Requirements are prescribed in “Chapter 2 – Labelling” and in “Chapter 4 – Storage, handling, and transferring of hazardous chemicals” under this Ministerial Regulation.

  • Ministerial Regulation on the Prescribing of Standard for Administration and Management of Occupational Safety, Health and Environment in relation to Hazardous Chemicals, B.E. 2556 (A.D. 2013). (Chapters 2, 4)

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  Remarks / comments: It is the duty of an employer to provide protective measures to his/her employees who work with hazardous chemicals. The duties of manufacturers, suppliers and importers of chemicals are not specified under this Ministerial Regulation.

  • Ministerial Regulation on the Prescribing of Standard for Administration and Management of Occupational Safety, Health and Environment in relation to Hazardous Chemicals, B.E. 2556 (A.D. 2013). (Clauses 12, 13)

• 9.2.3 Pesticides

  Summary / Citation: From the list of occupational diseases which was released under the Notification of the Ministry of Labour: Diseases that occur at work or because of the nature or type of work, pesticides are chemical agents that have potential to cause occupational diseases.

  Pesticides are also under the list of hazardous chemical substances for which specific health check up is required for employees at risk of exposure. This list has been announced under the Notification of the Ministry of Labour re: Specific Health Check up for Employees Performing Works in relation to Chemical Risk Factors, B.E. 2552 (A.D. 2009), which was issued under the Ministerial Regulation on the Prescribing of Criteria and Method of Conducting Health Check up of Employees and Forwarding the Results of Health Check up to Labour Inspectors, B.E. 2547 (A.D. 2004).

  • Notification of the Ministry of Labour: Diseases that occur at work or because of the nature or type of work. (Clause 3(1) - item 35)

  • Notification of the Ministry of Labour concerning Specific Health Check up for Employees Performing Works in relation to Chemical Risk Factors, B.E. 2552 (A.D. 2009). (Clause 3(5))

  • Ministerial Regulation on the Prescribing of Criteria and Method of Conducting Health Check up of Employees and Forwarding the Results of Health Check up to Labour Inspectors, B.E. 2547 (A.D. 2004). (Clause 2)

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: The Ministerial Regulation on the Prescribing of Standard for Administration and Management of Occupational Safety and Health and Environment in relation to Ionizing Radiation B.E. 2547 (A.D. 2004) prescribes various requirements for protection of health and safety of employees who perform works with ionizing radiation or work under the conditions or environment involving radioactive risks. Such requirements include the monitoring of workers’ exposure to radiation, the surveillance of health, the implementation of appropriate preventive and control measures at workplace, etc.

  In addition, from the list of occupational diseases which was released under the Notification of the Ministry of Labour: Diseases that occur at work or because of the nature or type of work, ionizing radiation is a physical agent that has potential to cause occupational diseases. Under the Ministerial Regulation on the Prescribing of Criteria and Method of Conducting Health Check up of Employees and Forwarding the Results of Health Check up to Labour Inspectors, B.E. 2547 (A.D. 2004), ionizing radiation is also listed as a risk factor related to work for which specific health check up is required among exposed workers.

  Remarks / comments: This Ministerial Regulation was issued under the Labour Protection Act, B.E. 2541 (A.D. 1998)

  • Notification of the Ministry of Labour: Diseases that occur at work or because of the nature or type of work. (Clause 3(2) - item 4)

  • Ministerial Regulation on the Prescribing of Criteria and Method of Conducting Health Check up of Employees and Forwarding the Results of Health Check up to Labour Inspectors, B.E. 2547 (A.D. 2004).

  • Ministerial Regulation on the Prescribing of Standard for Administration and Management of Occupational Safety and Health and Environment in relation to Ionizing Radiation B.E. 2547 (A.D. 2004).

• 9.4.2 Vibration and noise

  Summary / Citation: The Ministerial Regulation on the Prescribing of Standard for Administration and Management of Occupational Safety, Health and Environment in relation to Heat, Light and Noise, B.E. 2549 (A.D. 2006) prescribes various requirements for protection of health and safety of employees who perform works under the conditions or environment involving loud noise. Such requirements include the measurement of noise exposures, the implementation of appropriate preventive and control measures at workplace, hearing conservative program, etc.

  Currently, there is no specific Ministerial Regulation for administration and management of occupational safety, health and environment in relation to vibration. However, from the list of occupational diseases which was released under the Notification of the Ministry of Labour: Diseases that occur at work or because of the nature or type of work, vibration is a physical agent that has potential to cause occupational diseases. Under the Ministerial Regulation on the Prescribing of Criteria and Method of Conducting Health Check up of Employees and Forwarding the Results of Health Check up to Labour Inspectors, B.E. 2547 (A.D. 2004), vibration is also listed as a risk factor related to work for which specific health check up is required among exposed workers.

  Remarks / comments: This Ministerial Regulation was issued under the Labour Protection Act, B.E. 2541 (A.D. 1998).

  • Notification of the Ministry of Labour: Diseases that occur at work or because of the nature or type of work. (Clause 3(2) - item2 1, 2)

  • Ministerial Regulation on the Prescribing of Standard for Administration and Management of Occupational Safety, Health and Environment in relation to Heat, Light and Noise, B.E. 2549 (A.D. 2006) (Chapter 3)

  • Ministerial Regulation on the Prescribing of Criteria and Method of Conducting Health Check up of Employees and Forwarding the Results of Health Check up to Labour Inspectors, B.E. 2547 (A.D. 2004). (Clause 2(4))

• 9.4.3 Working at height

  No data available.
  

• 9.4.4 Working in confined spaces

  Summary / Citation: The Ministerial Regulation on the Prescribing of Standard for Administration and Management of Occupational Safety, Health and Work Environment in Confined Space, B.E. 2547 (A.D. 2004) prescribes requirements for works performing in various forms of confined spaces. Such requirements include the preparation and procedures for a work performed in a confined space (e.g., training, monitoring of toxic atmosphere prior to entering and during the work, necessary equipment, etc.).

  Remarks / comments: This Ministerial Regulation was issued under the Labour Protection Act, B.E. 2541 (A.D. 1998).

  • Ministerial Regulation on the Prescribing of Standard for Administration and Management of Occupational Safety, Health and Work Environment in Confined Space, B.E. 2547 (A.D. 2004).

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: There is no specific requirement under the Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011) on the maintenance of workplace facilities. However, Section 6 of the Act states that an employer is obligated to provide and keep his/her establishment and employees in safe and hygienic working conditions and environment. This implies that maintenance program shall be implemented properly to avoid or control risks arising from poor maintained workplace facilities.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 6)

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: The Ministerial Regulation on the prescribing of standard for administration and management of occupational safety, health and environment in relation to heat, light and noise, B.E. 2549 (A.D. 2006) prescribes various requirements for protection of health and safety of employees who perform works under the hot environment. Such requirements include the measurement of heat exposures, the implementation of appropriate preventive and control measures at workplace, etc.

  Currently, there is no specific Ministerial Regulation for administration and management of OSH in relation to cold working environment. However, from the list of occupational diseases which was released under the Notification of the Ministry of Labour re: Diseases that occur at work or because of the nature or type of work, cold environment is a physical agent that has potential to cause occupational diseases. Under the Ministerial Regulation on the Prescribing of Criteria and Method of Conducting Health Check up of Employees and Forwarding the Results of Health Check up to Labour Inspectors, B.E. 2547 (A.D. 2004), extreme cold is also listed as a risk factor related to work for which specific health check-up is required among exposed workers.

  Remarks / comments: Since Thailand has a tropical climate and temperatures typically range from 19 to 38 degrees C (66-100 F), cold environment is not applicable in most workplaces. It could be problematic only in some particular industries such as frozen food processing/manufacturing, warehouses, etc.

  • Notification of the Ministry of Labour: Diseases that occur at work or because of the nature or type of work. (Clause 3(2) - item 9)

  • Ministerial Regulation on the Prescribing of Standard for Administration and Management of Occupational Safety, Health and Environment in relation to Heat, Light and Noise, B.E. 2549 (A.D. 2006) (Chapter 1)

  • Ministerial Regulation on the Prescribing of Criteria and Method of Conducting Health Check up of Employees and Forwarding the Results of Health Check up to Labour Inspectors, B.E. 2547 (A.D. 2004). (Clause 2(4))

• 9.4.7 Fire risks

  Summary / Citation: The Ministerial Regulation on the Standard for Administration and Management of Occupational Safety, Health and Environment in relation to Fire Prevention and Control, B.E. 2555 (A.D. 2012) prescribes requirements for prevention and control of fire risks at workplace. Such requirements include the development of fire prevention and control plan, providing fire alarm system and extinguishers in place, training, reporting, etc.

  Remarks / comments: This Ministerial Regulation is issued under the Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011).

  • Ministerial Regulation on the Standard for Administration and Management of Occupational Safety, Health and Environment in relation to Fire Prevention and Control, B.E. 2555 (A.D. 2012).

• 9.4.8 Tobacco

  Remarks / comments: Issues on tobacco in the workplace are not prescribed under the OSH Act 2011.

• 9.4.9 Asbestos

  Summary / Citation: From the list of occupational diseases which was released under the Notification of the Ministry of Labour: Diseases that occur at work or because of the nature or type of work, asbestos is a chemical agent that causes occupational disease (asbestosis).

  Asbestos is also under the list of hazardous chemical substances for which specific health check-up is required for employees who work at risk of its exposure. This list has been announced under the Notification of the Ministry of Labour re: Specific Health Check up for Employees Performing Works in relation to Chemical Risk Factors, B.E. 2552 (A.D. 2009), which was issued under the Ministerial Regulation on the Prescribing of Criteria and Method of Conducting Health Check up of Employees and Forwarding the Results of Health Check up to Labour Inspectors, B.E. 2547 (A.D. 2004).

  Remarks / comments: Currently, only Chrysotile (white asbestos) is still allowed for industrial use under strict control. Other forms of asbestos have already been banned.

  • Notification of the Ministry of Labour: Diseases that occur at work or because of the nature or type of work. (Clause 3(4) - item 1)

  • Notification of the Ministry of Labour concerning Specific Health Check up for Employees Performing Works in relation to Chemical Risk Factors, B.E. 2552 (A.D. 2009). (Clause 3(6))

  • Ministerial Regulation on the Prescribing of Criteria and Method of Conducting Health Check up of Employees and Forwarding the Results of Health Check up to Labour Inspectors, B.E. 2547 (A.D. 2004). (Clause 2(1))

• 9.4.10 Risks related to nanotechnology

  Summary / Citation: Currently, the relevant Ministerial Regulations effective under the OSH Act 2011 do not have specific requirements that cover nanomaterials exposure at work and other risks related to nanotechnology.

  Remarks / comments: However, the National Strategic Plan on NanoSafety and Ethics (2012-2016) has been in effect. The Plan was developed by National Nanotechnology Center (Nanotec) under the collaboration with over 20 relevant agencies including the Department of Labour Protection and Welfare. It aims to minimize the potential risks of nanomaterials and nanotechnology that might occur from the growth of nanotechnology application, and to provide directions to a sustainable safe-nano development.

  • National Strategic Plan on NanoSafety and Ethics (2012-2016)

• 9.4.11 Contraction of HIV in the workplace

  Remarks / comments: Issues on HIV in the workplace are not prescribed under the OSH Act 2011.

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  Summary / Citation: The Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011) defines “Occupational Safety, Health and Environment” to cover both physical and psychological health. However, there is currently no specific requirement in connection to psychosocial hazards or risks.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 4)

• 9.5.2 Occupational violence

  No data available.
  

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: The Ministerial Regulation (B.E. 2552) on Administration and Management of the Aspect of Occupational Safety and Health and Working Environment relating to Machines, Cranes and Boilers (A.D. 2009) prescribes specific OSH requirements for works performing with machinery and tools such as metal stamping machines, electric welding machines and gas welding machines, boilers, forklifts, elevators, cranes in various forms, etc.

  Remarks / comments: This Ministerial Regulation was issued under the Labour Protection Act, B.E. 2541 (A.D. 1998).

  • Ministerial Regulation (B.E. 2552) on Administration and Management of the Aspect of Occupational Safety and Health and Working Environment relating to Machines, Cranes and Boilers.

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  Remarks / comments: It is the duty of an employer to provide protective measures to those employees who work with machineries and tools. The duties of manufacturers, suppliers and importers of machineries are not mentioned under this Ministerial Regulation.

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  Remarks / comments: Employer shall refer to safety information or guidelines provided by manufacturers of machineries and tools. Although it is not indicated clearly as a duty, it implies that a manufacturer shall provide machineries information to its customers.

  • Ministerial Regulation (B.E. 2552) on Administration and Management of the Aspect of Occupational Safety and Health and Working Environment relating to Machines, Cranes and Boilers. (Clause 11, 96-97)

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  Summary / Citation: The Ministerial Regulation (B.E. 2552) on Administration and Management of the Aspect of Occupational Safety and Health and Working Environment relating to Machines, Cranes and Boilers (A.D. 2009) requires an employer to use machineries and tools which are certified by acceptable professional organizations or in compliance with applicable standards. For instances, electric machines must be in compliance with local electrical standards, boilers must be in compliance with industrial standards issued by acceptable professional organizations such as ISO, ASME, JIS, DIN, TRD, BS, EN, etc.

  • Ministerial Regulation (B.E. 2552) on Administration and Management of the Aspect of Occupational Safety and Health and Working Environment relating to Machines, Cranes and Boilers. (Clause 83)

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: The Ministerial Regulation (B.E. 2552) on Administration and Management of the Aspect of Occupational Safety and Health and Working Environment relating to Machines, Cranes and Boilers (A.D. 2009) requires an employer to maintain machineries and equipment, particularly safety guarding or other protection system, in safe condition and in compliance to applicable standards.

  • Ministerial Regulation (B.E. 2552) on Administration and Management of the Aspect of Occupational Safety and Health and Working Environment relating to Machines, Cranes and Boilers. (Clauses 5-6)

  • 9.7.5.1 List of equipment where applicable

    Summary / Citation: List of equipment is not concluded in the Ministerial Regulation (B.E. 2552) on Administration and Management of the Aspect of Occupational Safety and Health and Working Environment relating to Machines, Cranes and Boilers. However, examples of equipment that shall be maintained in safe condition are given.

    • Ministerial Regulation (B.E. 2552) on Administration and Management of the Aspect of Occupational Safety and Health and Working Environment relating to Machines, Cranes and Boilers. (Clause 2)

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: Provisions to protect pregnancy at work are provided for in the Labour Protection Act, B.E. 2541 (A.D. 1998). Section 39 prescribes that an employer is prohibited to allow a pregnant female employee to work between 22:00 hours and 06:00 hours, or to work overtime, work on holidays, or perform any of the following:
  (1) Work on plant or equipment that vibrates;
  (2) Operate or go along with a mechanically propelled vehicle;
  (3) Lift, carry or bear on her head or shoulders, or pull or push loads that weigh more than 15 kilograms;
  (4) Work on water-going vessels;
  (5) Such other work as is prescribed by Ministerial Regulations.

  • Labour Protection Act 1998 (B.E. 2541). (§ 39)

• 9.8.2 Protection of lactating women at work

  Remarks / comments: Requirements for protection of lactating women at work are not mentioned under this Labour Protection Act.

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Summary / Citation: Section 38 of the Labour Protection Act 1998 prescribes that an employer is prohibited to employ a female employee to perform any of the following work:
  (1) Mining or construction work which must be performed underground, underwater, in a cavern, in a tunnel or in a crater of a mountain, except where the conditions of work are not hazardous to the employee's health or body;
  (2) Work on scaffolding which is 10 meters or more above the ground;
  (3) Production or transportation of explosives or inflammable materials;
  (4) Such other work as is prescribed by Ministerial Regulations.

  • Labour Protection Act 1998 (B.E. 2541). (§ 38)

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: Section 44 of the Labour Protection Act 1998 prescribes that an employer is prohibited to employ a child under 15 years of age to work.

  Section 47 prescribes that an employer is prohibited to allow an employee under the age of 18 to work between 22:00 hours and 06:00 hours, except where written permission has been granted by the Director-General of the Department of Labour Protection and Welfare or his designate.

  Section 48 prescribes that an employer is prohibited to allow an employee under the age of 18 to work overtime or on holidays.

  Section 49 prescribes that an employer is prohibited to employ an employee under 18 years of age to perform any of the following work:
  (1) Smelting, blowing, casting, or rolling metal;
  (2) Stamping metal;
  (3) Work involving conditions of heat, cold, vibration, noise, improper lighting which may be harmful to his/her health and safety;
  (4) Work involving hazardous chemicals;
  (5) Work involving toxic microorganisms, including virus, bacteria, fungus, or other microorganisms;
  (6) Work involving toxic materials, explosives, or inflammable materials, except work in gasoline service stations;
  (7) Driving or controlling hoists or cranes;
  (8) Work involving an electrically or mechanically operated saw;
  (9) Work which must be performed underground, underwater, in a cavern, tunnel, or in a crater of a mountain;
  (10) Work involving radioactivity;
  (11) Cleaning machinery or engines while in operation;
  (12) Work on scaffolding which is 10 meters or more above the ground;
  (13) Such other work as is prescribed by Ministerial Regulations.

  • Labour Protection Act 1998 (B.E. 2541). (§§ 44, 47-49)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 2019
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2019
  

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: The Ministerial Regulation, Ministry of Labour, on the prescribing of standard for administration and management of occupational safety, health and environment, B.E. 2549 (A.D. 2006), currently effective under the OSH Act 2011, requires that, when there is an occupational or work-related accident resulting in injury, or lost of an employee in accordance with the Workmen’s Compensation Act, B.E. 2537 (A.D. 1994), the employer shall inform such accident/incident to the Director-General of the Department of Labour Protection and Welfare (or a designated person) with procedures as stipulated within 15 days. Although requirements on recording and/or investigating the causes of such accident are not clearly stated, it implies that the employer shall do so and the record of information shall be retained for further inspection by the OSH inspector.

  • Ministerial Regulation, Specification of Occupational Safety, Hygiene and Environment Management Standards (B.E. 2549).

  • Workmen's Compensation Act B.E. 2537 of 15 June 1994.

• 10.1.2 Near miss incidents

  Summary / Citation: Not required by law.

• 10.1.3 Occupational diseases

  Summary / Citation: As described in 4.4, the Ministerial Regulation on the prescribing of criteria and method of conducting health check up of employees and forwarding the results of health check up to labour inspectors, B.E. 2547 (A.D. 2004), currently effective under the OSH Act 2011, requires an employer to provide health check up to the employees who work with risk factors.

  In case of an abnormality of the employee is detected; or the employee is developing a symptom or illness relating to work, the employer shall arrange for the employee to receive medical treatment immediately; and further carry out an inspection or find out the cause of abnormality for prevention purposes.

  The employer shall keep the records of employee’s health check up including relevant information to be ready for inspection by an OSH inspector at all times. The record of each employee shall be kept at the employer’s office for not less than 2 years as from the date of employment termination, unless there is a complaint that the employer has not complied with the law; or there is a lawsuit in relation to any disease or any hazard to the employee’s health. In that case, even though the specified time has expired, the employer shall be required to keep such document until the final judgment concerning that matter is settled. In this regard, the employer shall not be permitted to use such information in the way that is unreasonably detrimental to the employee.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 34)

  • Ministerial Regulation on the Prescribing of Criteria and Method of Conducting Health Check up of Employees and Forwarding the Results of Health Check up to Labour Inspectors, B.E. 2547 (A.D. 2004). (Chapter 2)

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: An OSH inspector shall have power to enter an establishment or office of an employer during working hours or when there is an incident.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 35)

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: An OSH inspector shall have power to:

  (1) Inspect or record image and sound on working conditions concerning OSH;
  (2) Use equipment/tools to measure or inspect machinery, working conditions and environment in an establishment;
  (3) Collect any sample materials or products for OSH analysis
  

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 35)

• 11.2.3 Power to investigate

  Summary / Citation: An OSH inspector shall have power to enquire about fact or investigate any matter within scope of power and to summon the concerned persons for clarification including to inspect or request for submission of relevant evidencing document and to propose hazard preventive measures to the Director-General expeditiously.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 35)

• 11.2.4 Duty to provide advice on OSH

  Remarks / comments: Duty of an OSH inspector to provide advice on OSH upon inspection is not specified under Chapter 5. In practice, an OSH inspector typically provide advice or recommendation to the establishment for further improvement or actions, if necessary.

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: Whereas an OSH inspector found that an employer, an employee or any concerned person has violated or failed to comply with the OSH Act 2011 or any Ministerial Regulations issued under this Act or found that the working conditions, buildings, premises, machinery or equipment used by the employee may be dangerous to the employee, the OSH inspector shall have the power to order such person to stop such violating actions, or to correct, improve or conform properly within 30 days. If there is necessary cause which prevents such operation to be able to be completed within such period, the OSH inspector may extend such period not more than twice, each with 30 days from the due date of such period.

  If necessary, upon permission of the Director-General of the Department of Labour Protection and Welfare (or designated person), the OSH inspector shall have the power to order the employer to stop the usage of machinery or equipment, building, premise or to bind and stamp on material which may cause severe danger to the employee, in whole or in part, until corrective actions have been made to conform correctly to such order.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 36)

• 11.3.2 Power to impose financial penalties

  Summary / Citation: The employer who violates or fails to comply with the standards stipulated in the OSH Act or related Ministerial Regulations shall be penalized with imprisonment of not more than 1 year or a fine not exceeding 400,000 Baht (approx. US$ 12,500), or both.
  If the official deems that the offender should not be punished with imprisonment or sued in court, such official shall have power to settle the matters:

  (1) The Director-General or designated person (typically be an OSH inspector), for violation occurring in the Bangkok Metropolitan areas;
  (2) The Provincial Governor or designated person (typically be an OSH inspector by position), for violation occurring in that province

  For an offense that may be proceeded to settle the matter and the offender consents for settlement, the OSH inspector shall propose the case to the Director-General or the Provincial Governor, within 7 days.

  If the offender pays the fine according to a settled amount within 30 days, the case shall be deemed extinguished under the Criminal Procedure Code.

  If the offender refuses settlement, or consents but fails to pay the fine within the specified period, the case shall be further proceeded.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (Chapter 8)

• 11.3.3 Power to revoke or suspend licenses or authorisations

  Summary / Citation: Revocation or suspension of license/authorization for factory operation shall be the powers under the Factory Act, B.E. 2535 (A.D. 1992) which is administered by the Ministry of Industry.

  • Factory Act, B.E. 2535 (1992).

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: Whereas an OSH inspector found that the working conditions and environment may be dangerous to the employee, the OSH inspector shall have the power to order the employer to stop such dangerous work, or to correct, improve or conform properly.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 36)

• 11.3.5 Power to initiate prosecutions

  Remarks / comments: Once the deadline of process described in § 36 has been reached and the employer still fails to comply with the issued order, the OSH inspector shall have power to initiate prosecutions.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 36)

• 11.3.6 Power to conduct prosecutions

  Remarks / comments: Prosecutions shall be conducted by the court.

• 11.3.7 Other enforcement powers

  Summary / Citation: Whereas an employer fails to comply with the order of the OSH inspector and, if there is an incident which may cause severe danger to employees that the Department of Labour Protection and Welfare deems necessary to take over the operations, the Director-General or entrusted person shall have power to assign the OSH inspector to proceed for any person to rectify so as to conform to such order. In this respect, the employer shall bear expenses for such takeover for the amount actually paid. If the employer fails to make payment for these operation costs, the Director-General shall have the powers to issue a written order to seize, attach and sell by auction the properties of employer to be used for such expenses.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (§ 37)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: Whereas the offender is a legal person, if a violation by such legal person is due to an order or performance of any person, or a neglect of order, a neglect of a duty as required as a Managing Director or of any person who is responsible for carrying out the business of such legal person, such person shall be penalized according to the provisions prescribed for such violations.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (Chapter 8)

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: Section 53 - Any employer who violates or fails to comply with standards prescribed in the Ministerial Regulations issued under Section 8 of the OSH Act 2011 shall be penalized with imprisonment of not more than 1 year or a fine not exceeding 400,000 Baht (approx. US$ 12,500), or both.

  Section 54 - Any person who is responsible for the certification or examination of documentary evidence or reports under the Ministerial Regulations issued under Section 8 of the OSH Act 2011 who fills a false statement on the certification or examination of the documents or reports shall be penalized with imprisonment of not more than 6 months or a fine not exceeding 200,000 Baht (approx. US$ 6,250), or both.

  Section 55 - Any person who provides services on measurement, examination, test, certification, risk assessment, training or provision of consultation without registration or a license shall be penalized with imprisonment of not more than 6 months or a fine not exceeding 200,000 Baht (approx. US$ 6,250), or both.

  Section 56 - Any employer who fails to comply with Section 13, Section 16 or Section 32 shall be penalized with imprisonment of not more than 6 months or a fine not exceeding 200,000 Baht (approx. US$ 6,250), or both.

  Section 57 - Any employer who fails to comply with Section 14 or Section 34 shall be penalized with a fine not exceeding 50,000 Baht (approx. US$ 1,562).

  Section 58 - Any employer who fails to comply with Section 15 or Section 17 shall be penalized with imprisonment of not more than 3 months or a fine not exceeding 100,000 Baht (approx. US$ 3,125), or both.

  Section 59 - Any employer who fails to comply with Section 18(1) shall be penalized with imprisonment of not more than 1 year or a fine not exceeding 400,000 Baht (approx. US$ 12,500), or both.

  Section 60 - Any person who fails to comply with Section 18(2) shall be penalized with imprisonment of not more than 3 months or a fine not exceeding 100,000 Baht (approx. US$ 3,125), or both.

  Section 61 - Any person who obstructs the performance of the employer under Section 19 or obstructs the performance of the OSH Inspector or a person assigned under Section 37(1) without any reasonable cause shall be penalized with imprisonment of not more than 6 months or a fine not exceeding 200,000 Baht (approx. US$ 6,250), or both.

  Section 62 - Any person who fails to comply with Section 22(1) or Section 23 shall be penalized with imprisonment of not more than 3 months or a fine not exceeding 100,000 Baht (approx. US$ 3,125), or both.

  Section 63 - Any person who acts as an OSH expert without having a license under Section 33 shall be penalized with imprisonment of not more than 6 months or a fine not exceeding 200,000 Baht (approx. US$ 6,250), or both.

  Section 64 - Any person who obstructs or fails to facilitate the performance of any duties of the OSH Inspector under Section 35 or Section 36(2) shall be penalized with imprisonment of not more 6 months or a fine not exceeding 200,000 Baht (approx. US$ 6,250), or both.

  Section 65 - Any person who violates or fails to comply with the order of the OSH Inspector under Section 36(1) shall be penalized with imprisonment of not more than 6 months or a fine not exceeding 200,000 Baht (approx. US$ 6,250), or both.

  Section 66 - Any person who violates or performs any action to resume the operation which has been ordered to be ceased or to reactivate the materials bound and stamped by the OSH Inspector during the compliance period with the order of the OSH Inspector shall be penalized with imprisonment of not more than 2 years or a fine not exceeding 800,000 Baht (approx. US$ 25,000), or both and an additional fine of not exceeding 5,000 Baht (approx. US$ 156) daily until the order has been observed.

  Section 67 - Any employer who fails to comply with Section 39 shall be penalized with a fine not exceeding 50,000 Baht (approx. US$ 1,562) per occurrence.

  Section 68 - Any employer who violates Section 42 shall be penalized with imprisonment of not more than 6 months or a fine not exceeding 200,000 Baht (approx. US$ 6,250), or both.

  Section 70 - Any person who discloses any fact in relation to the business of an employer, which is normally a fact kept confidential by the employer, that he or she obtains or ascertains as a result of performance under this Act, shall be penalized with imprisonment of not more than 1 month or a fine not exceeding 40,000 Baht (approx. US$ 1,250), or both; unless it is disclosed for the official performance of this Act, or for the benefits of labour protection, labour relations or the inquisition or consideration of cases.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (Chapter 8)

• 11.4.3 Non-financial sanctions

  Remarks / comments: Non-financial sanctions other than imprisonment are not mentioned under the OSH Act 2011.

• 11.4.4 Criminal liability

  Summary / Citation: Nothing in the OSH Act prevents prosecution for criminal offences. There is a possibility of prosecution under the criminal law for the crime of causing an employee's death by negligence as a result of improper fulfillment by the employer or a person of his or her professional OSH duties.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (Chapter 8)

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: Under the OSH Act 2011, the maximum term of imprisonment for a natural person is 2 years. Details on imprisonment penalties are described together with financial penalties, as in 11.4.2 above.

  • Safety, Occupational Hygiene and Workplace Environment Act B.E. 2554 (2011). (Chapter 8)