Non-Smoker Protection Laws at Petrol stations: Can Government Agencies Effectively Enforce Them?

Abstract

This academic article aims to examine the problems associated with theenforcement of laws designed to protect non-smokers in gas stations. The author raises the question of whether government agencies are able to effectively enforce such laws. This study is conducted through an analysis of the Tobacco Products Control Act B.E. 2560 (2017) and the Fuel Control Act B.E. 2542 (1999), as well as relevant ministerial regulations and ministerial notifications concerning the protection of non-smokers in gas stations. In addition, supplementary data were collected from websites, news reports, and related documents. A comparative analysis of Brunei and the Philippines, both of which have successfully developed effective approaches to addressing this issue, was also undertaken.

          The study found that it is a well-established and publicly observable fact that smoking continues to occur within gas stations. As these locations provide a wide range of services, such as restaurants, restrooms, and convenience stores,they function as rest areas for travelers. Despite the presence of clear warning signs and stickers prohibiting smoking, as well as explicitly prescribed penalties, cigarette smoke disperses into the surrounding air and adversely affects individuals in the area, including children, pregnant women, adults, the elderly, and foreign tourists. to the development of health conditions such as emphysema, lung cancer, and allergic diseases in the future. Each year, the state expends a substantial amount of its budget on medical treatment for affected patients. Although Thailand is a party to the World Health Organization's Framework Convention on Tobacco Control, it has been unable to completely resolve this chronic problem. This has led to a lack of trust from other signatory states and negatively impacted the country's tourism image.

          The author recommends that the government adopt systematic management measures through continuous public campaigns and consistent enforcement actions against offenders,, adjusting the timeframe appropriately according to the circumstances, in order to ensure that gas stations genuinely function as smoke-free areas under the law. The Tobacco Product Control Committee, which holds direct authority to protect non-smokers at all levels, namely the national level, Bangkok, and the provincial level, should coordinate efforts by issuing orders to operational-level officials to rigorously arrest offenders and conduct anti-smoking campaigns, and closely monitor the situation to mitigate and eliminate the problem. Furthermore, the Tobacco Product Control Act B.E. 2560 (2017) should be amended to address cases in which business operators fail to adequately supervise and warn smokers, by adopting the legal approach of the Philippines, which progressively increases penalties from less severe to more severe measures.