On May 22nd, 2019, Occupational Diseases and Environmental Disease Act B.E. 2562 (2019) was announced on the government gazette by Department of Disease Control, Ministry of Public Health of Thailand. This regulation was formulated to define a mechanism for surveillance, prevention, and control of occupational/environmental diseases in order to manage these diseases in a prompt manner. The regulation was enacted for better understanding of health promotion and disease prevention. This Act utilizes an essential information notification system for monitoring, prevention, and control of occupational diseases among employees or diseases arising from environmental factors among the public who have been or may be exposed to pollutants, with the aim to provide basic knowledge about health promotion and disease prevention. It also mandates that individuals involved have the responsibility to report or notify incidents or suspicions of diseases related to occupational exposure or environmental diseases to the relevant authorities.

 

Key Points of Occupational Diseases and Environmental Disease Act

There are two terms representing important concepts of this regulation, namely “occupational disease” which means a disease or any abnormal symptom that is resulted from or is an incidental consequence of work activity or performance of an occupation; and “environmental disease” which means a disease or any abnormal symptom that is resulted from or is an incidental consequence of pollution.

A total of 10 important aspects of the Act are as follow,

  1. The minister has the authority to announce the following:
  • Names and significant symptoms of diseases arising from occupational activities or those arising from the environment that require monitoring, prevention, or control.
  • Criteria, methods, and conditions for employers on the provision of necessary information regarding the monitoring, prevention, and control of occupational diseases.
  • Criteria, methods, and conditions for owners and/or occupants of pollution sources on the provision of necessary information regarding the monitoring, prevention, or control of diseases arising from the environment to the public who have been or may be exposed to pollutants.
  1. Employers, owners, and/or occupants of pollution sources must provide necessary information regarding the monitoring, prevention, and control of occupational diseases to employees or the public who have been or may be exposed to pollutants according to the criteria, methods, and conditions specified by the Minister’s announcement.
  2. A national committee called the “Committee for the Control of Occupational Diseases and Environmental Diseases” will be established. In each province, a provincial committee for the control of occupational diseases and environmental diseases will also be established.
  3. For the benefit of monitoring occupational diseases, employers should arrange health examinations for employees according to laws related to safety, occupational health, and environmental conditions at workplace.
  4. For the benefit of monitoring occupational diseases in informal labor, individuals in such positions have the right to health examinations according to the criteria, methods, and conditions specified in ministerial regulations.
  5. For the benefit of monitoring environmental diseases, owners and/or occupants of pollution sources should monitor the health of the public exposed or potentially exposed to pollutants through registered service units.
  6. In cases where individuals find persons suspected of occupational diseases or diseases from the environment should notify authorities of the following information:
    • Employers who find employees suspected of occupational diseases within the workplace.
    • Responsible personnel in healthcare facilities who find employees, informal laborers, or the public suspected of diseases from occupational or environmental exposures within the healthcare facility.
  7. Provincial governors or the governor of Bangkok shall establish at least one operational unit in every province and Bangkok to investigate diseases, monitor, prevent, and control occupational and environmental diseases. The criteria for establishing operational units shall be as specified in the Minister.
  8. If employers find employees suspected of occupational diseases or find members of the public who have been or may be exposed to pollutants, depending on the case, they should report to the relevant authorities.
  9. If employees suspected of occupational diseases or citizens who have been or may be exposed to pollutants are found, depending on the case, they should conduct disease investigations. After completing the necessary actions, the officers should prepare a disease investigation report for submission to the provincial committee for the control of occupational and environmental diseases or the committee for the control of occupational and environmental diseases in Bangkok, depending on the case, to inform the Department of Disease Control of the progress.”
  10. Director General of the Department of Disease Control has the authority to declare areas necessary for monitoring, prevention, or control of diseases from occupational or environmental exposures. The declaration can be revoked when deemed appropriate or when the disease situation has subsided.

Department of Disease Control has also translated the regulation into English which you may find such regulation and related documents at the department’s website https://ddc.moph.go.th/law.php?law=5


English Translation of Occupational Diseases and Environmental Disease Act B.E. 2562 (2019)

 

Designated occupational diseases

During the past two years, there are several announcements made under Occupational Diseases and Environmental Disease Act B.E. 2562 mainly on what kind of disease shall be considered as occupational diseases and what shall be considered as environmental disease. Ministry of Public Health Announcement on Name and Symptom of Occupational Diseases B.E. 2563 (2020) specified the following list as occupational diseases,

  1. Disease from lead or lead-related substances
  2. Disease from silica dust
  3. Disease from air deprivation
  4. Disease from asbestos (asbestosis) or cancer caused by asbestos (asbestosis)
  5. Major diseases or symptoms of poisoning from pesticides

Ministry of Public Health Announcement on Name and Symptom of Environmental Diseases B.E. 2563 (2020) and Ministry of Public Health Announcement on Name and Symptom of Environmental Diseases No. 2 B.E. 2565 (2022) specified the following list as occupational diseases,

  1. Disease from lead or lead-related substances
  2. Disease or symptoms arising from exposure to dust particles with a size not exceeding 2.5 microns.

 

Responsibility of Employers

The main duty for businesses is specified under the Ministry of Public Health Announcement Regarding Notification and Reporting in Cases of Finding Individuals Suspected or Afflicted with Occupational Diseases or Diseases from the Environment, B.E. 2565 (2022) announced on the government gazette on December 19th 2022 required employer in the event of finding individuals suspected or afflicted with occupational diseases or diseases from the environment, must notify the relevant health officer within the Provincial Public Health Office within 3 days. In urgent cases that may pose a danger, the notification should be made within 24 hours. The notification must include information as specified in this announcement, and it can be communicated via telephone, fax, letter, email, or any other method as further specified by the Department of Disease Control. Specific notification form is NOT required. This announcement is effective on the day of publication.