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Home    Firm News & Legal Update    Amendment to Labor Protection Act and New Act on Safety, Health and Environments in Work Performance.
Amendment to Labor Protection Act and New Act on Safety, Health and Environments in Work Performance.
  12.Apr.2011

 

On 17th January 2011, the Labor Protection Act (No. 4) B.E. 2554 (the “Amendment”) and the Act on Safety, Health and Environments in Work Performance B.E. 2554 (the “Act on Safety, Health and Environments”) was published in the Government Gazette of Thailand. The effective date of both Acts same, i.e. 180 days after the publication.

Amendment to Labor Protection Act

The significant change of the Amendment is to repeal entire sections of Chapter 8 on Safety, Health and Environments in Work Performance under the Labor Protection Act, which was eventually taken apart and promulgated as the Act on Safety, Health and Environments.

New Act on Safety, Health and Environments in Work Performance

The purpose of the Act on Safety, Health and Environments is to set forth the framework for monitoring, regulating, managing, and administrating the safety, health and environments in work performance in order to protect employees. The significant issues under the Act on Safety, Health and Environments can be summarized as follows:

·                     Definition

Safety, Health and Environments in Work Performance is defined to include an act or working condition which is free from any cause that may harm life, body, mind or health as a result of work performance or in connection with work performance.

Employer is defined to include the employer under the labor protection law, including the business operator who allows any person to work or cause benefits to or in the work place, regardless whether such working or causing benefits is any part or whole in the manufacturing process or the business under the responsibility of the business operator.

Employee is defined to include the employee under the labor protection law, including a person who is granted permission to work or cause benefits to or in the work place, regardless of how it is termed.

It is noteworthy that the terms of “Employer” and “Employee” under the Act on Safety, Health and Environments has broader implication than terms “Employer” and “Employee” prescribed under the Labor Protection Act.

·                     Employer's Obligations

The Act on Safety, Health and Environments stipulates various obligations that the Employer shall comply with which include to arrange and monitor the work place and that the employees have safe and sanitary working conditions and environments in the work performance, including enhancement of working practices to prevent any harm to Employees’ life, body, mind, and health.

In addition, the Employer shall administer, manage and undertake the safety, health and environments in work performance pursuant to the standard prescribed in the ministerial regulations. The Employer’s standard stipulation shall be inspected or verified by an authorized person who obtains license from the Department of Welfare and Labor Protection. The Employer shall also procure its Employee to be the Safety Officer under the Act on Safety, Health and Environments, and provide safety equipment and training on the safety, health and environments in work performance to its Employees.  

Any costs and expenses incurred from which the Employer is obliged to undertake under the Act on Safety, Health and Environments shall be borne by the Employer.

·                    Fund and Institute for Safety, Health and Environments in Work Performance 

The Act on Safety, Health and Environments prescribes the establishment of the Safety, Health and Environments in Work Performance Fund dedicated for any undertaking under the safety, health and environments in work performance. The Fund will be mainly contributed by the government and Compensation Fund under the workmen compensation law.

The Act also requires that the Institute for Enhancement on Safety, Health and Environments in Work Performance shall be established and administered by the Ministry of Labor. The establishment of such institute must be made within 1 year from the effective date of this Act. 

 

 

 
 

 
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