The Amendment of the Definition of “Factory” in the Amended Factory Act 2535 B.E. and the Air Pollution Problems A case study of a small business in the rice mill type in Phayao Province.

Abstract

This research is a qualitative research which the collection of data done by using the documentary research method. The data used in this research was collected from the principles and concepts presented in other researches, information from Phayao Province governmental organizations, and Thai and international essays and theses .The objective of the research is to study the amendment of the definition of “Factory” in the Factory Act 2535 B.E., which has redefined the meaning of factory from “the using of machine or machines with total power or an equivalent of five horsepower or more, or which employs seven workers or more” to “the using of machine or machines with total power or an equivalent of fifty horsepower or more, or which employs fifty workers or more.” By amending the definition of factory, some types of business, which cause air pollution, are consequently excluded from the conditions in the new definition of factory and the Factory Act 2535 B.E.

From the study, the amendment of the definition of “Factory” in the Factory Act 2535 B.E. aims to facilitate the entrepreneurs of the small business. However, some businesses with small machinery and workers, but causing high health risks to the people and negative impact on the environment, might not be controlled due to the amended definition of this Act. The principles of the Singaporean laws on factory and the Polluter Pay Principle might be used for the Factory Act and other measure improvement for the control or enforcement on the relating businesses to resolve or prevent the future environmental impacts.