Legal Measures to Control Industrial Factory Operations

Abstract

This research article examines the legal measures to control the industrial factory operations appropriate with the current situations in Thailand. The qualitative research method was conducted. Data were collected using the techniques of documentary research, in-depth interview, and focus group discussion. Data analysis was conducted using the techniques of content analysis and comparative analysis. Findings show that the Factory Act, B.E. 2535 (1992) and the amended Factory Act (No. 2), B.E. 2562 (2019) (1) Section 5 has changed from requiring a factory to have five horsepower machinery or seven workers to having more than fifty horsepower machinery or more than fifty workers. This results in a loophole of the size of the horsepower of the machinery. Businesses with less than the specified machinery horsepower or number of workers are not classified as factories under the factory law. The content in Section 5should be amended from “The machinery of fifty horsepower or equivalent of more than fifty horsepower or more than fifty workers” to be “The machinery of twenty horsepower or the equivalent of more than twenty horsepower or more than twenty workers”. (2) Section 5 does not prescribe the construction of a building to install machinery for factory operations. This results in the definition being in conflict with the intention and the major condition in an issuance of permits in accordance with the Factory Act, B.E. 2535 (1992). Section 5 should be amended by adding “the construction of a building for the installation of machinery for factory operations” (3) Section 10 cancels the expiry dates of factory operation permits under Section 14 and the renewal of factory operation permits under Section 15. This reduces the investigation measures to prevent and solve the problems of factories in operation for sometime to be in a safe condition. The provisions of Sections 14 and 15 that were cancelled should be restored. (4) Do not have provisions to designate those certain types or kinds of factory in accordance with Section 7 to have insurance to compensate for damages from the operations of factories. Therefore, when damages occur from the operations of factory, the injured person will receive the compensation only when the injured person sues the operator for liabilities. The injured person has to pay for the expenses and this takes a long time and does not have sufficient compensation in a speedy manner. Section 8 should add (9) to be “The designation of certain types or kinds of factory in accordance with Section 7must have insurance with insurers in accordance with the insurance law in order to have compensation for damages that occur from factory operations.”