The previous legislation pertaining to safety management systems did impose certain mandates, however, the updated legislation presents a more comprehensive approach. The Occupational Safety and Health (OSH) Act 2011 has been amended to include additional specifications in Clauses 5 (paragraph 1) and 8. Previously, Clause 8 merely indicated that employers were obligated to maintain occupational safety, health, and environmental standards as specified by the Ministerial Regulation, however, it lacked any concrete directives regarding the implementation of these standards. The newly revised legislation has clarified this aspect.

The law mandates that a comprehensive Safety Management System (SMS) must be established and implemented, which must include the following elements at a minimum:

• A written policy that outlines the principles of safety, occupational health, and environmental protection (referenced in ISO 45001 Clause 5.2), which must be made accessible to all employees and relevant stakeholders.
• The implementation of an organizational management system that encompasses all aspects of safety, occupational health, and environmental protection (referenced in ISO 45001 Clauses 4 and 5, among others).
• The formulation of a work plan for safety, occupational health, and environmental protection, and its implementation (this is also in accordance with the provisions outlined in ISO 45001 Clause 6 – Planning).
• Regular evaluations and reviews of the SMS to ensure its efficacy (also specified in ISO 45001 Clause 9 -Performance Evaluation).
• A continuous improvement process to enhance the SMS, also outlined in ISO 45001 Clause 10 (Improvement).

 The law outlines the specific responsibilities of employers in establishing their Occupational Health and Safety (OHS) Policy. These include:

• Employers must ensure that all employees and relevant stakeholders have an opportunity to participate in the development of the OHS Policy and that it is widely disseminated throughout the organization. This requirement is also reflected in ISO 45001 Clause 7 (Support).
• The OHS Policy may be written in Thai or any other language that employees and stakeholders are able to comprehend, and it must be dated, signed, and stamped. An electronic format, such as a PDF, is also acceptable.
• Employers are mandated to conduct a formal review of the OHS Policy at least annually

The Occupational Health and Safety (OHS) Policy must align with the hazards inherent in the workplace environment, as prescribed in ISO 45001 Clause 5.2. The policy must be crafted to meet the following objectives:

• To secure the safety, occupational health, and environmental well-being of employees in the workplace.
• To ensure compliance with all relevant laws and regulations governing occupational safety, health, and environmental protection.

The Safety Management System (SMS) must encompass the following components:

• Assignment of personnel with specific duties and responsibilities related to the implementation of the SMS, suitable for each respective position.
• Personnel involved in the implementation of the SMS must receive adequate training to acquire the necessary knowledge and skills to perform their duties safely. This typically involves training as Safety Officers, in accordance with the government curriculum (also a requirement of ISO 45001 Clauses 7.2 and 7.3).
• SMS documents, such as safety procedures and policies other than the OSH Policy, must be regularly updated and reviewed at least once every two years from the date of approval. These documents must be readily accessible to employees and other stakeholders and may also be made available electronically (e.g. in PDF format or through an intranet). The internal auditing, continual improvement, and management review requirements are outlined in ISO 45001 Clauses 13, 14, and 15.
• The SMS must be designed to effectively communicate information to employees, contractors, and other stakeholders working in the workplace. This requirement is covered by ISO 45001 Clauses 5.4 and 7.4 (Communication, Participation, and Consultation). For companies that work with contractors who may be exposed to risks at the worksite, it is recommended to have a comprehensive Contractor Safety Management program in place to fulfill the requirements of Clause 8.4 of the OSH law.

The Safety Management System must include a comprehensive hazard identification and risk mitigation plan.

• Employers must undertake risk assessments for a range of workplace hazards, including low ventilation, exposure to hazardous chemicals, heat, light and noise, electrocution, radiation, confined space, machine/equipment, and building space hazards, as well as other hazardous conditions that may affect employee health and safety. The risk assessments must be reviewed and updated whenever working conditions change, and the assessments must be documented and kept on record (also stipulated ISO45001 Clause 6 – Planning).
• A mitigation plan must be developed to eliminate or reduce hazards to the lowest level reasonably practicable. The plan must include a designated responsible party, a budget allocation, and a timeframe for action item closure and effectiveness review (also outlined in ISO45001 Clauses 10.1, 10.2, and 10.3.
• The mitigation plan must be implemented.
• The results of the mitigation plan implementation must be evaluated to determine its effectiveness. This evaluation is also described in ISO45001 Clause 6.2.
• The results of the evaluation must be used to improve the overall Occupational Health and Safety plan (alsospecified in ISO45001 Clause 10).

The new revision of the OSH Act outlines several additional requirements for the Safety Management System, which can be effectively met through the implementation of a system based on the ISO45001 standard. While obtaining ISO certification is not mandatory, implementing a system that aligns with ISO45001 can streamline the certification process if desired. Furthermore, having ISO accreditation demonstrates a commitment to employee, contractor, visitor, and community safety and can be a valuable asset in demonstrating this to clients and stakeholders, such as investors.

A New Security Component

The recent revisions to the OSH Act also emphasize the need for companies to establish procedures and policies for ensuring operational security. Although the specific requirements are not defined, it is advisable to undergo a security gap analysis to determine any shortcomings in physical and cyber security. This will help you identify any vulnerabilities and develop strategies to address them effectively.