Thailand Law Library

by Thailand Lawyer

Chapter 8: Occupational Safety, Health and Environment

There shall be an Occupational Safety, Health and Environment Committee consist of the Permanent-Secretary of the Ministry of Labor and Social Welfare as chairperson, the Director-General of the Department of Labor Protection and Welfare, a representative of the Department of Health, a representative of the Department of Industrial Works, a representative of the Public Works Department, and a representative of the Pollution Control Department as members, seven representatives each from Employers and Employees, appointed by the Minister as members; and an official of the Department of Labor Protection and Welfare appointed by the Minister as a member and secretary.

The Occupational Safety, Health and Environment Committee shall have powers and duties as follows:

1. to make recommendations to the Minister concerning policies, plans or measures on occupational safety and health and the development of working environments for Employees;
2. to make recommendations to the Minister on the issue of Ministerial Regulations, Notifications or procedures for the execution of this Act;
3. to make recommendations to government agencies concerning the promotion of occupational safety, health and environments for Employees; and
4. to perform other work as prescribed under this Act or in any other laws to be the powers and duties of the Occupational Safety, health and Environment Committee, or as assigned by the Minister.

Section 78 paragraph two, Section 80, Section 81, Section 82 paragraph one, Section 83 and Section 84 shall apply mutatis mutandis to the Occupational Safety, Health and Environment Committee.

The Minister shall have the power to issue the Ministerial Regulations prescribing standards for Employers to administer and manage in the field of occupational safety, health and environments.

Whereas the Ministerial Regulations under paragraph one require the preparation of documents or reports to be certified or examined by any person in accordance with the rules and procedures, such Ministerial Regulations may prescribe rules and procedures for the registration and revocation thereof, rate of registration fees to be paid of not exceed the rate annexed hereto and as the maximum rate of service fees to be charged by such persons.

Whereas a Labor Inspector has found that an Employer has violated or failed to comply with a Ministerial Regulation issued under Section 103, the Labor Inspector shall have the power to issue a written order to the Employer to improve the working environment, buildings or premises, or provide or fix the machinery or equipment that the Employees use in the performance of their duties or related to the performance of their duties within a specified period of time.

Whereas a Labor Inspector has found that the working environment, buildings, premises, machinery or equipment used by Employees may be dangerous to Employees; or the Employer has failed to comply with an order of the Labor Inspector under Section 104, upon the approval of the Director-General or a person entrusted by the Director-General, the Labor Inspector shall have the power to order the Employer to temporarily stop using such machinery or equipment, in whole or in part.

If an Employer is ordered by a Labor Inspector to stop using machinery or equipment under paragraph one, the Employer shall pay money to his or her Employees, at a rate equal to the Wages of a Working Day for the period of work stoppage until the Employer takes action in compliance with the order of the Labor Inspector.

An appeal against the order of a Labor Inspector under Section 104 or Section 105 shall be submitted to the Occupational Safety, Health and Working Environment Committee within thirty days from the date of acknowledgment of the order. The decision pf the Committee shall be final.

Any appeal under paragraph one shall not relieve an Employer’s obligation to take any action in compliance with an order of the Labor Inspector, except where the Occupational Safety, Health and Environment Committee orders otherwise.

An Employer shall provide medical examination for Employees, and submit the results thereof to the Labor Inspector in accordance with the rules and procedure as prescribed by the Ministerial Regulations.