Summary of the Notification of Ministry of Labour and Social Welfare Re: Safety, Occupational Sanitation and Working Environment Committee

1. Intention of the Law
   
   1. To promote the working safety in bi-party system in the workplace which may create good cooperation between an employer and employees.
   2. To recognize the safety management and the solution on accident and sickness through the work which may lead to the agreement of the management and the operation team.
   3. To support the performance of the safety officer in maintaining the safety condition of employees at the workplace and prevent the damages for the employer.
   4. To maintain the safety condition in the workplace and the performances of the employees with may lead to accident and sickness.


2. Framework and Enforcement of the Law
   Shall be applied to the following business:



1. Mining, quarrying, petroleum or petrochemical business
2. Making, producing, assembling, containing, repairing, mainternance, storage, improving, finishing, altering, transforming, damaging or destroying, ship building, generating, converting, distributing electricity or other energy
3. Constructing, adding, installing, repairing, mainternace, altering or demolishing; building, airport, railway, tramway, port, dock, pier, waterway, road, dam, tunnel, bridge, drain, telegram, telephone, electricity, gas or water supply or other construction, and laying the foundations of the construction
4. Transport passengers or goods by land, by water, by air, and unloading goods.
5. Hotel
6. Department Store
7. Fuel oil service station
8. Clinic or Hospital
9. Financial Institute
10. Other business as stated by the Ministry of Labour and Social Welfare. (There is no business stated by the Ministry now.)



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 An employer who performs any business above and have the number of employees of 50 or more, shall arrange a Committee for Safety, Occupational Sanitation and Environment and comply with the law.

 In a business establishment where there are 1-49 employees, shall arrange to have at least an employee representative to cooperate with an employer to maintain the working safety for the employees.

 This notification shall not apply to:

-	Central Administration
-	Provincial Administration
-	Local Administration
-	Other business as may be stated by the Ministry of Labour and Social Welfare. (There is no business stated by the Ministry now.)



3. Main Points of the Law
   
   
   1. In a business establishment where there are 50 or more employees, an employer shall arrange to have a Committee for Safety, Occupational Sanitation and Working Environment within 30 days from the date when the law is effective. (The Notification of Ministry of Labour and Social Welfare, Re: Safety, Occupational Sanitation and Working Environment Committee is effective on 28 October B.E. 2538)
   2. In case employees are less than 50, an employer shall arrange to have a Committee for Safety, Occupational Sanitation and Working Environment within 30 days from the date when there are employees reach 50.
   3. In a business establishment with employees less than 50, employees shall arrange to have their representative to coorperate with an employer to maintain safety condition.
   4. An employer shall announce the list of the committee in a conspicuous position at the workplace of the employee not less than 15 days.
   5. An employer shall submit the copy of the list of the committee to the Director-General of Department of Labour Protection and Welfare within 15 days from the date of appointment.
   6. An employer shall keep documents relating to the committee, operation, meeting at least 2 years for the inspection.
   7. An employer shall accept committee proposals or resolution and process immediately. In case of it can not be processed, an employer shall consult with the committee to arrange in writing, and if it can not be agreed, the committee shall submit the proposal to the Director-General to finalize.
   8. An employer shall arrange a committee meeting at least once a month.
   9. An employer shall arrange a committee meeting immediately when an accident occures which causes death, loss of organ, cripple, fire or leakage of chemicals.
   10. The committee member shall consist of no less than stated by the law. An employer or employer representative shall be the chairman and the committee shall consists of representative from the management level and employee representative from the operation level. The chairman shall arrange a committee to be a secretary.
   11.  An employer shall appoint a management representative committee, and employees shall appoint an operation representative committee. The committee entitles for the period of not more than 2 years.
   12. The committee shall perform their duties as stated by the law.
   13. The chairman shall submit resolution relating to Safety, Occupational Sanitation and Working Environment to an employer within 7 days from the date of the meeting approval.
   14. An employer is prohibited to obstruct the committee and take any actions which may cause the committee to be unable to continue working.
   15. An employer shall provide a manual on standard of safety for employees.

(Attachment)

The structure and portion of the committee
 1. The workplace with 50-59 employees shall have the members of committee not less than 5 and consists of

Chairman		-	an employer or a representative
4 committees		-	2 management representative committee,
		-	2 operation representative committee
committee and secretary		-	the chairman appoint a committee to be a secretary

 2. The workplace with 100-499 shall have the members of committee not less than 7 and consists of

Chairman		-	an employer or a representative
5 committees		-	2 management representative committee,
		-	3 operation representative committee
committee and secretary		-	a safety officer

 3. The workplace with 500 employees and over shall have the member of committee not less than 11 and consists of

Chairman		-	an employer or a representative
9 committees		-	4 management representative committee,
		-	5 operation representative committee
committee and secretary		-	an safety officer

Remarks

1. If the number of committee should be increased more than stated in 1-3, the number of management representative committee and operation representative committee should be increased to be equal. For example, if a management representative committee is added, an operation representative committee is also added.

2. The workplace with more than 1 safety officer, an employer shall appoint a safety officer to be committee and secretary of the committee.

3. The workplace which may not have a safety officer as stated in the law, an employer appoint one more management representative committee, and the Chairman shall appoint a committee to be a secretary.