Comments adopted by the CEACR: Thailand

Adopted by the CEACR in 2019

C019 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. Equality of treatment in case of employment accident. In its previous comments, the Committee requested the Government to provide information on the measures taken to ensure access to benefits from the Workmen’s Compensation Fund for foreign workers. The Committee notes the Government’s indication that the Workmen’s Compensation Fund directly provides benefits to undocumented workers regardless of their nationality and legal status should they suffer employment injury and their employers are obligated to pay contributions. The Committee further notes the measures indicated by the Government to address the situation of undocumented migrant workers, including measures to facilitate the procedure of obtaining the relevant identity and working documents and informing by employers on the status of employment of migrant workers. The Committee further notes with satisfaction the adoption of the Workmen’s Compensation Act No. 2 on 9 December 2018 (WCA 2018) and the Notification of the Ministry of Labour on 20 March 2019, which require the registration of employees engaged in the agriculture, fishery, forestry and livestock sectors within the Workmen’s Compensation Fund. The Government points out that the expansion of coverage of the WCA 2018 has resulted in a significant increase in the number of employees covered by the Workmen’s Compensation Scheme.

C127 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive review of the issue relating to the application of the Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 127 (maximum weight) and 187 (promotional framework for OSH) together.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s first report as well as its report submitted in 2019.

Article 2(2) and (3) of Convention No. 187. Taking into account the principles set out in relevant ILO instruments. The Committee notes the Government’s indication that the national OSH profile was developed and published, in accordance with the guidance in the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197). The Government also indicates that it will be ready to ratify the Occupational Safety and Health Convention, 1981 (No. 155) by the end of the second phase of the National OSH Agenda in 2026 according to the administrative roadmap of the Ministry of Labour. It states, that the ratification of other relevant OSH Conventions is under consideration, including through consultations with the tripartite National OSH Committee. The Committee requests the Government to continue to provide information on the consideration given to the ratification of relevant OSH Conventions, including progress made towards the ratification of Convention No. 155. It requests information on the consultations held in that respect, including in the National OSH Committee.

Articles 3 and 4(1). National policy and establishment, maintenance, progressive development, and periodical review of a national system for OSH, in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication that the tripartite National OSH Committee, pursuant to sections 24–31 of the Occupational Safety, Health and Environment Act B.E. 2554 (A.D. 2011) (OSH Act), functions as a body to review, develop and make recommendations for the improvement of the national OSH system, in consultation with the representatives of employers’ and workers’ organizations. It further notes that the subcommittee of the National OSH Committee or the Administrative Committee for the National OSH Agenda monitor, evaluate and review the national OSH policy and programme. The Committee requests the Government to provide information on the role and the composition of the Administrative Committee for the National OSH Agenda and the subcommittees under the OSH Committee.

Article 4(2)(c). Mechanisms for ensuring compliance. The Committee notes the information provided by the Government that the Department of Labour Protection and Welfare employs over 400 OSH inspectors and carries out OSH inspections. Chapter 5 of the OSH Act defines the powers and authorities of OSH inspectors and Chapter 8 of the OSH Act contains penalty provisions. The Department of Labour Protection and Welfare has been strengthening compliance and enforcement activities at the central, regional and provincial levels through its agencies. The Committee requests the Government to provide information on the results of compliance and enforcement activities at the central, regional and provincial levels, as well as statistics of OSH inspection activities.

Article 4(2)(d). Cooperation between management, workers and their representatives. The Committee notes the Government’s indication that, under section 23(1) of the Ministerial Regulation on the administration and management of occupational safety, health and environment, B.E. 2549 (A.D. 2006), employers in workplaces with more than 50 employees are required to establish an OSH committee comprising members representing the employer and the workers, as well as a safety officer. These committees promote cooperation between management, workers and their representatives and workplace-related prevention measures. The Committee requests the Government to indicate the measures taken or envisaged, to ensure cooperation between management and workers and/or their representatives in small enterprises with fewer than 50 employees.

Article 4(3)(d). Occupational health services. The Committee notes the Government’s indication that the Ministry of Public Health is in charge of providing occupational health surveillance and services, through its network of hospitals and healthcare centres at the provincial and local levels. Health promotion is carried out using various forms of media, in order to transfer knowledge and guidelines on occupational health among workers and the public. Occupational health services cover all employees working at registered establishments. Hospitals or health services offer annual or periodical medical examinations. The Committee also notes that according to the national OSH profile, published in 2015, there are approximately 2,000 occupational physicians and occupational health nurses, and that the Occupational Health Nursing Association and the Occupational and Environmental Diseases Association are responsible for providing information, research, and educational services in the areas of occupational health services. The Committee requests the Government to provide further information on the provision of occupational health services at the workplace level.

Article 4(3)(f) and (g). Mechanisms for the collection and analysis of data on occupational injuries and diseases and collaboration with social security institutions. Application in practice. The Committee notes the Government’s indication that the Office of Workmen’s Compensation Fund (WCF) of the Social Security Office collects and develops data on occupational injuries and diseases through its database, based on the claims filed with the WCF. The Committee requests the Government to continue to provide information on the mechanisms for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments, and to indicate whether there are procedures for the notification of occupational accidents and diseases by employers. The Committee further requests the Government to provide statistical information related to occupational safety and health, including the number of recorded occupational accidents and cases of occupational diseases.

Article 4(3)(h). OSH in micro-enterprises, in small and medium-sized enterprises (SMEs) and in the informal economy. The Committee notes the information provided by the Government on the measures taken to extend OSH protection to those who work in SMEs and the informal economy. The Government indicates that according to the National Statistical Office, the majority of workers work in the informal economy, of whom 60 per cent work in agriculture. The Committee takes due note of the promotional activities (including training and guidelines) implemented by the Department of Labour Protection and Welfare (DLPW) aimed at extending OSH protection to persons working in SMEs, as well as participatory action-oriented training programmes such as the Work Improvement in Small Enterprises (WISE), the Work Improvement in Neighbourhood Development (WIND) and the Work Improvement for Safe Home (WISH), to support grassroots initiatives in informal economy workplaces. The Government also indicates that easy-to-apply training tools (such as illustrated checklists) have assisted workers in informal economy workplaces in identifying workable and low-cost solutions. The Government indicates that a review of the possibility of extending the scope of OSH laws is proposed, with a view to covering workers in the informal economy, such as in the agricultural and domestic work sectors. The Committee requests the Government to continue to provide information on the measures taken to extend OSH protection to workers in SMEs and the informal economy and on the results achieved. It also requests the Government to provide information on the outcome of the review of the possibility of covering workers in the informal economy under OSH laws and regulations.

Article 5(1). Implementation, monitoring, evaluation and periodic review of the national OSH programme. The Committee notes the National OSH Agenda Decent Safety and Health for Workers – Phase II (2017–26) and the second National Master Plan on OSH and the Environment (2017–21), which are both publicly available online. It notes that the National OSH Committee and subcommittees periodically review (twice a year) the results of the implementation of the National Master Plan on OSH and the Environment. The Committee requests the Government to provide information on the results achieved through the implementation of the Master Plan, including relevant statistics. It also requests the Government to provide information on any evaluation carried out of the Plan, in consultation with the social partners, and on how this evaluation contributes to the formulation of subsequent plans.

Maximum Weight Convention, 1967 (No. 127)

Article 7(1) and (2) of the Convention. Maximum weight of loads that can be transported by young workers. The Committee has over the years requested the Government to take measures to raise the age limit for assignment to manual transport of loads. In its previous comments, the Committee noted the Government’s intention to consider raising the minimum age of young workers who may be engaged in the manual transport of loads from 15 years to 16 years, in consultation with the employers’ and workers’ organizations. The Committee notes the information provided by the Government in reply, that the DLPW conducted a study on hazardous work for women and young workers, including those engaged in manual transport of loads. According to the survey results, the load limit under the Ministerial Regulation on maximum allowable weight of lifting, B.E. 2547 (A.D. 2004) might have certain effects on the health of young workers aged between 15 and 18 years old. The Government nonetheless indicates that the study had certain limitations. The DLPW therefore plans to gather more comparative information, including the standards on manual transport of loads at the international and in other Association of Southeast Asian Nations (ASEAN) countries, and then hold a public hearing among stakeholders in order to determine whether the age limit for manual transport of loads shall be raised through the amendment to the ministerial regulation. The Committee requests the Government to continue to provide information on any developments related to the age limit for the manual transport of loads, including a copy of the amended Ministerial Regulation, once adopted.

Application of the Convention in practice. The Committee notes the statistics of labour inspection activities, in reply to its previous request, according to which no violations of legal provisions related to maximum permissible weight limits were detected either in general inspections or inspections targeting child labour. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of labour inspections, the number of violations found, and the number of penalties imposed.