What counts as reportable
Section 34 of the Occupational Safety, Health and Environment Act B.E. 2554 sets the rule. It covers three cases.
The first is the death of an employee. The second is a fire, explosion, chemical leak or other serious incident. It counts if it damages the workplace, stops production, or injures or harms anyone there. The third is an employee hurt or made ill in a way the workers' compensation law covers.
Each case has its own steps. Work out which one you have before you pick up the phone.
- Employee dies: report at once, then in writing within 7 days of the death.
- Serious incident: report at once, then in writing within 7 days of the incident.
- Compensable injury or illness: copy your Social Security Office notice to the inspector within 7 days.
Section 34 of the OSH Act B.E. 2554 puts the reporting duty on the employer. Section 23 gives main contractors and subcontractors the same duties as an employer.
Who reports, and to whom
The employer reports. On a shared site, the contractor who employs the worker carries the same duty, because section 23 treats contractors as employers. Agree before work starts who makes the call.
The report goes to a safety inspector of the Department of Labour Protection and Welfare (DLPW). Keep the number of your local labour protection office on the site emergency sheet.
Reporting starts inside the site. Under section 21, an employee who finds a defect they cannot fix tells a safety officer, supervisor or executive. That person must tell the employer in writing without delay. A supervisor who sees a danger must act at once within their authority.
How fast, and how
For a death or a serious incident, the first report is immediate. The Act says as soon as you know, by telephone, fax or any other means. Give enough detail for the inspector to act.
The written report follows within 7 days. For a death, the clock starts on the day the employee died. For a serious incident, it starts on the day of the incident.
A worker who dies in hospital days later still triggers the death report. Keep in touch with the family and the hospital.
The phone call cannot wait for the investigation. Report what you know now. The written report is where the cause goes.
The written report: form สปร. ๕
A 2011 DLPW notice sets the form for written reports. It is form สปร. ๕, in Thai. The employer or an authorised person signs it and certifies it is true.
- Workplace name, trade registration number, type of business, address and total number of employees.
- Number of deaths and injured or ill people, with a list giving each person's name, age, sex and position.
- Value of property damage, and whether production stopped.
- Place, date and time of the incident.
- The cause.
- For a serious incident, the corrective action and how you will prevent it happening again.
Fill in the fixed parts (company details, headcount) on the day. Then the 7-day deadline only depends on the cause and the actions.
Work injuries and the Social Security Office
Most work injuries and illnesses also fall under the workers' compensation law. That law has its own notice to the Social Security Office.
Section 34(3) links the two. Once you have notified the Social Security Office, send a copy of that notice to the safety inspector within 7 days. Check the Social Security Office's own deadline and form with that office.
What to keep, and who reviews it
Keep a file for every reportable event. A clear file makes the inspector's visit shorter.
- Time and name of the person who called the inspector, and what was said.
- A signed copy of the สปร. ๕ form and proof of when you sent it.
- The copy of the Social Security Office notice sent to the inspector.
- Photos, witness names and the investigation report.
- Committee minutes on the accident, if you have a safety committee.
Under clause 33 of the 2022 Ministerial Regulation on safety officers and committees, the safety committee must meet without delay after an accident that causes loss of a body part, disability or death. It reviews the investigation report and recommends prevention to the employer.
Penalties for not reporting
Section 57 sets a fine of up to THB 50,000 for an employer who fails to report under section 34. The same section covers failing to inform workers of hazards under section 14.
Under section 69, when a company commits an offence, a director or manager whose order or neglect caused it can face the same penalty.
An inspector who investigates can also order you to fix things. Ignoring that order carries up to 6 months in prison, a fine of up to THB 200,000, or both (section 65).
The first hour
Print this and keep it with the site emergency numbers.
- Stop the work and make the area safe. Call emergency services.
- Give first aid. Send someone to meet the ambulance.
- Keep the scene as it is, except to save life or stop more harm. Take photos.
- Decide which section 34 case this is: death, serious incident, or injury.
- For a death or serious incident, the employer calls the DLPW safety inspector now. Note the time and the officer's name.
- Write down witness names and numbers.
- Tell the main contractor and the safety officer. Put the 7-day written report date in the calendar.
Sources
- Occupational Safety, Health and Environment Act B.E. 2554 (2011), English translation, Department of Labour Protection and Welfare (DLPW).
- Occupational Safety, Health and Environment Act B.E. 2554, Royal Gazette text (Thai), Department of Labour Protection and Welfare (DLPW).
- DLPW notice setting the serious incident and work injury report form (form สปร. ๕), 2011 (Thai), Department of Labour Protection and Welfare (DLPW).
- Ministerial Regulation on safety officers, personnel, units and committees B.E. 2565 (2022) (Thai), Department of Labour Protection and Welfare (DLPW).
This is practical guidance, not legal advice. Laws and codes of practice change; always check the current official text and your site's own procedures.
