Occupational Health and Safety Regulations in Thailand

1) Is the employer required to conduct regular workplace risk assessments?

Whether a risk assessment is required depends on (i) whether the business activity falls within the categories listed under relevant notification regarding hazard assessment, study of environmental impacts in the workplace, and preparation of control and supervision plans for employees and business establishments, and (ii) whether the number of employees meets the threshold specified therein.

2) Is the employer required to provide PPE free of charge if the risk cannot be eliminated otherwise?

It depends on the nature of the business operation, as each category of business is subject to specific regulations governing the requirement for PPE and the circumstances under which alternative measures may be adopted to eliminate risks without the use of PPE.

In cases where PPE is required, the employer is required to procure PPE for the employee, and the employer shall be responsible for all related costs.

3) Can the employer charge the employee for PPE?

Referring to the response in Q.2, if the employer is obligated to provide PPE to the employees, the employer shall bear all related costs and may not recover or deduct the cost of PPE from the employees.

4) Is the employer required to investigate and record all workplace accidents?

The employer has a duty to investigate and record workplace accidents, as well as to notify the relevant authorities, in the following cases:

• In the event of an employee’s death;
• In the event that the business establishment incurs damage or is required to suspend its operations, or where any person within the establishment suffers injury or damage as a result of fire, explosion, chemical leakage, or any other serious accident;or
• Where an employee suffers injury or illness that falls under the scope of the Workmen’s Compensation Act.

5) Can the employer skip the evacuation plan if they believe the likelihood of an emergency is low?

If an establishment has ten or more employees, the employer is required to implement an evacuation plan, without exception, regardless of whether the risk of a fire occurring is low or high.

6) Can the employer replace mandatory medical examinations with a verbal health inquiry?

If the employee’s work is legally required to undergo a health examination, such as work involving hazardous chemicals, the method shall be determined at the discretion of the specialist physician, whether by verbal examination or any other appropriate means, as the law does not prescribe a specific method.

7) Is the employer required to notify the labor inspectorate about serious and fatal accidents?

The employer must notify the safety inspector in the following significant cases:

• In the event of an employee’s death or a serious accident (e.g., fire, explosion, chemical leakage), the employer must notify immediately and submit a written report to the safety inspector within 7 days;
• In the event of an employee’s injury or illness under the Workmen’s Compensation Law, the employer must report the incident to the Social Security Office and submit a copy of the report to the safety inspector within 7 days.

8) Can an employee refuse to perform dangerous work without risk of penalty?

The law does not explicitly specify regarding high-risk work refused by the employees. However, it is required by law that the employee must maintain a safe workplace and report hazards they cannot fix to supervisors or safety inspectors, who must notify the employers accordingly.

Author: Chotika Lurponglukana