Roof workers fell 15 meters
Ministerial Regulation Prescribing Standard for Administrative and Managing Workplace Safety, Health and Environment in Construction Works.
Effective Since: 20081016
Three female labors dropped 15 meters to the ground. All of them died. This accident is absolutely preventable but why not? Let's see how the OSHA Laws apply to this tragic case.
This case is surely be “Construction work” according to Item 2 which lists down the definition of “Construction”. To get away from this law, the lawyer must try very hard to make this workplace not to be called “Construction”. Then all of it’s requirement will not be applicable. For poor workers, to get money from “compensation fund” is not that easy. However, it is a construction work.
Let’s jump to next section- Section 1 Safety Plan. The employer supposed to develop a Safety Plan only when it is a construction of a building where total floor space is larger than 2000 sq.m. or the building that is 15 meter or more. This point the lawyer may fight back that technically it is not more than 15 meter. Wow!. That is why the employer did not provide any safety plans. In this case a Fall Prevention Plan.
No Safety Plan but still need to have a Supervisor to keep eyes on the work. It is quite sure that there must be someone to supervise this work. (Who will goes to jail for the employer!).
Section 11 is all about Working At Heigh. Item 90- Working at height more than 2 meter requires proper scaffold (No idea how is the proper scaffold look like), life line, fall arresting devices or other proper equipment to make the worker safe.
Regardless of how broad the law requirement but the worker are dead. Therefore in this case, If the Labor Inspector will kind enough to issue a citation to the employer for not following this ministerial regulation, they will be liable for 1 year in jail or not more than 400,000 THB fine or both. Surely, there will be not thing happen.
Compliance Check
This case is surely be “Construction work” according to Item 2 which lists down the definition of “Construction”. To get away from this law, the lawyer must try very hard to make this workplace not to be called “Construction”. Then all of it’s requirement will not be applicable. For poor workers, to get money from “compensation fund” is not that easy. However, it is a construction work.
Let’s jump to next section- Section 1 Safety Plan. The employer supposed to develop a Safety Plan only when it is a construction of a building where total floor space is larger than 2000 sq.m. or the building that is 15 meter or more. This point the lawyer may fight back that technically it is not more than 15 meter. Wow!. That is why the employer did not provide any safety plans. In this case a Fall Prevention Plan.
No Safety Plan but still need to have a Supervisor to keep eyes on the work. It is quite sure that there must be someone to supervise this work. (Who will goes to jail for the employer!).
Section 11 is all about Working At Heigh. Item 90- Working at height more than 2 meter requires proper scaffold (No idea how is the proper scaffold look like), life line, fall arresting devices or other proper equipment to make the worker safe.
Regardless of how broad the law requirement but the worker are dead. Therefore in this case, If the Labor Inspector will kind enough to issue a citation to the employer for not following this ministerial regulation, they will be liable for 1 year in jail or not more than 400,000 THB fine or both. Surely, there will be not thing happen.
