Explanation of the Notification of the Ministry of Labour and Social Welfare Re: Safety at work for employees

The Announcement of the Revolutionary Party No. 103, dated 16 March B.E. 2515, notified the Notification of the Ministry of Labour and Social Welfare, Re: Safety at work for employees, dated 31 March B.E. 2540, cancel the Notification of the Ministry of Interior, Re: Safety at work for employees, dated 6 May B.E. 2528, to improve the safety at work.

To establish the understanding and the same practice as stated under the Notification of the Ministry of Labour and Social Welfare, Re: Safety at work for employees, dated 31 March B.E. 2540, the Ministry of Labour and Social Welfare shall explain these main points as follow:

1. Date of Enforcement

The Notification of the Ministry of Labour and Social Welfare, Re: Safety at work for employees, dated 31 March B.E. 2540, has published in the Government Gazette, dated 8 April B.E. 2540, and it is effective after the expiration of 90 days from the date this Notification has been published in the Government Gazette, to prepare the readiness on its operation. Therefore, this Notification is effective from 7 July B.E. 2540.

2. Types of Business under the Framework and Enforcement of the Law

This Notification of the Ministry of Labour and Social Welfare, Re; Safety at work for Employees, is applied to these following workplaces:

2.1	Mining, quarrying, petroleum or petrochemical business
2.2	Making, producing, assembling, containing, repairing, mainternance, storage, improving, finishing, altering, transforming, damaging or destroying, ship building, generating, converting, distributing electricity or other energy
2.3	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
2.4	Transport passengers or goods by land, by water, by air, and unloading goods
2.5	Fuel oil service station
2.6	Other business as stated by the Ministry of Labour and Social Welfare

3. Size of business establishment under framework and enforcement of the Law

3.1	In a business establishment where there are 1 to 49 employees, an employer shall arrange to have a safety officer at the operation level, foreman level, and executive level.
3.2	In a business establishment where there are 50 or more employees, an employer shall arrange to have a safety officer at the foreman level, professional level, and executive level.

4. Training an appointment of a safety officer

A person who performs work relating to safety at work shall have appropriate knowledge and understanding in his duty. An employer shall arrange an employee to receive training to be a safety officer at these following levels:

4.1	A safety officer at the operation level shall arrange an employee's representative who has been appointed by employees at the operation level or an employee who has the duty relating to safety at work of the workplace in coorperation with an employer, under the Notification of the Ministry of Labour and Social Welfare, Re: Safety, Occupational Sanitation and Working Environment Committee, dated 27 June B.E. 2538, to have training on Safety at work as stated by the Director-General of the Department of Labour Protection and Welfare (30 hours), and appoint as a safety officer at the operation level of each workplace within 2 January B.E. 2541 or within 180 days from the date of appointment which an employer has appointed an employee at the operation level to performs as an employee.
4.2	A Safety officer at the foreman level shall arrange every employee at the foreman level, whose duties are to supervise, order employees at the operation level of each workplace, to receive training on safety at work as stated by the Director-General of the Department of Labour Protection and Welfare (12 hours) and appoint as a safety officer at the foreman level of each workplace within 2 January B.E. 2541 or within 180 days from the date an employer appointed as a foreman.
4.3	A safety officer at the executive level shall arrange employees from Manager level upwards of each workplace, to receive training on safety at work as stated by the Director-General of the Department of Labour Protection and Welfare (12 hours) and appoint as a safety officer at the executive level of each workplace within 2 January B.E. 2541 or within 180 days from the date an employer appointed as an executive.
4.4	A safety officer at the professional level shall arrange an employee who has one of the qualifications under Clause 54, and appoint as a safety officer at the professional level at least 1 person for each workplace for full-time work within 2 January B.E. 2541 or within 180 days from the date an employer has 50 employees upwards.
4.5	Where a safety officer at the operation level, foreman level, professional level terminate from their duties, an employer shall arrange to have a replacement of a safety officer at the same level within 60 days from the date the safety officer terminated from his duty.
4.6	Where an employer appointed an employee who has the qualification as stated in the Notification of the Ministry of Interior, Re: Safety at work of Employees, dated 6 May B.E. 2528, as a safety officer, if that employee is qualified as stated in the Notification and performs his duty as a safety officer, it means an employer has already appointed a safety officer at the professional level.

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