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Health and Safety Standards

Explore workplace health and safety laws in Indonesia

Health and safety laws

In Indonesia, the core foundation for health and safety is the Work Safety Act (Law No 1 of 1970). This law outlines employer obligations to provide safe work environments and worker rights to protection. Another important piece of legislation is the Manpower Act (Law No 13 of 2003), where Articles 86 and 87 emphasize employer responsibility for implementing health and safety management systems and worker rights to protection.

Employer Responsibilities

Employers are required to develop and implement a health and safety policy that outlines the company's commitment to safety and the framework for managing risks. They must also establish a health and safety committee composed of employer and worker representatives. This committee plays a crucial role in driving improvements.

Employers are also required to conduct risk assessments to identify workplace hazards and implement control measures to mitigate risks. They must provide adequate training and information to workers, supply and ensure the use of personal protective equipment where necessary, and facilitate health examinations for workers, especially those exposed to hazardous work environments. Employers must also promptly report serious workplace accidents or incidents to the relevant authorities.

Worker Rights

Workers have the right to be informed about health and safety hazards in their workplace. They can refuse work tasks they reasonably believe pose a serious danger to themselves or others. Workers also have the right to be involved in health and safety decision-making through representation on the committee.

Specific Regulations

In addition to these overarching laws, numerous specific regulations address particular areas of health and safety, including occupational health and hygiene, fire safety, construction safety, electrical safety, and machinery safety.

Enforcement and Compliance

The Ministry of Manpower and Transmigration is the primary agency responsible for overseeing health and safety in Indonesia. It carries out inspections to ensure compliance and can issue sanctions or fines for violations.

Challenges and Improvements

Indonesia faces ongoing challenges in ensuring comprehensive health and safety implementation, particularly in informal sectors and smaller enterprises. The government and stakeholders are actively working towards strengthening enforcement mechanisms, raising awareness and capacity building amongst employers and workers, and promoting a culture of risk prevention within the workplace.

Occupational health and safety

Occupational Health and Safety (OHS) standards in Indonesia are informed by national legislation and regulations, Indonesian National Standards (SNI), and international standards. The SNI, developed by the Indonesian National Standardization Agency (Badan Standardisasi Nasional/BSN), outlines technical specifications and guidelines in various OHS areas. Indonesia often adopts or aligns its OHS standards with internationally recognized ones, such as the ILO Conventions on Occupational Safety and Health and standards from organizations like the International Organization for Standardization (ISO).

Key Focus Areas of OHS Practices

Hazard Identification and Risk Control

Employers are required to systematically identify workplace hazards, including physical, chemical, biological, ergonomic, and psychosocial, and evaluate associated risks. The OHS in Indonesia emphasizes eliminating hazards at the source, followed by engineering controls, administrative controls, and finally, the use of Personal Protective Equipment (PPE).

Worker Training and Education

Workers receive basic OHS training upon employment and job-specific OHS training on the hazards and safety procedures specific to their tasks. Ongoing awareness campaigns, such as safety posters and toolbox talks, help keep OHS at the forefront of workers' minds.

Emergency Preparedness and Response

Workplaces should establish plans for fire emergencies, chemical spills, medical emergencies, etc. They should provide first aid facilities and trained first responders. Regular drills ensure workers are familiar with emergency procedures.

Occupational Health Services

Workers may need periodic medical checkups depending on their job exposures. Programs addressing ergonomics, stress management, and healthy lifestyle choices support worker well-being.

Continuous Improvement

Indonesia's OHS system prioritizes a proactive approach with an emphasis on continuous improvement. Companies are encouraged to adopt a systems-based approach to managing OHS. Joint employer-worker committees foster collaboration and drive OHS initiatives at the workplace level.

Workplace inspection

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They serve to verify compliance with safety standards, identify potential hazards before they lead to accidents or illnesses, and promote awareness about safety requirements and best practices.

Types of Inspections

Workplace inspections can be categorized into four types:

  • Routine Inspections: These are conducted by government labor inspectors on a scheduled basis, often targeting high-risk industries or workplaces with a history of violations.
  • Complaint-Based Inspections: These are triggered by worker complaints or reports of unsafe conditions.
  • Accident Investigations: These are in-depth inspections that follow serious accidents to determine root causes and prevent recurrence.
  • Self-Inspections: Workplaces are required to conduct internal safety inspections.

Inspection Criteria

Inspections cover a wide range of safety elements. Commonly evaluated areas include compliance with safety legislation, hazard control, emergency preparedness, machine safety, electrical safety, fire safety, availability and proper use of personal protective equipment, and documentation of safety policies, risk assessments, training records, and accident reports.

Inspection Frequency

The frequency of government inspections varies depending on factors such as the industry sector, workplace size and complexity, and compliance history. High-risk industries, larger, more complex workplaces, and workplaces with a history of violations are subject to more frequent inspections.

Inspection Procedures

The inspection process typically involves an opening meeting, a physical tour of the workplace, a review of safety records, policies, and reports, interviews with management and workers, and a closing meeting to summarize findings and potential violations.

Follow-up Actions

After the inspection, the inspector issues a report detailing non-compliances and any necessary corrective actions. Employers must then develop a plan to rectify identified deficiencies within a specified timeframe. Follow-up inspections may be conducted to verify that corrective actions have been implemented. For serious violations or failure to comply, sanctions can be imposed, including fines, administrative sanctions, or even suspension of operations.

Workplace accidents

Workplace accidents are a serious matter and employers have strict reporting obligations. Serious injuries and fatalities must be reported within 48 hours to the local labor inspection agency, while occupational diseases should be reported as soon as the diagnosis is made. Employers should use specific accident reporting forms mandated by regulations to provide details about the incident, the injured person, and the circumstances.

Accident Investigation Process

Employers are required to conduct internal investigations into workplace accidents to identify root causes and implement preventive measures. Labor inspectors from the Ministry of Manpower are authorized to investigate serious accidents or those suspected of involving criminal violations. Investigations focus on direct causes of the accident such as unsafe acts or equipment failure, underlying systemic failures in management, and identification of corrective actions to prevent similar incidents.

Compensation Claims

Indonesia has a mandatory work injury insurance scheme managed by BPJS Ketenagakerjaan (Jamsostek). Workers injured due to workplace accidents or those who contract occupational diseases are entitled to compensation benefits. Covered benefits may include medical treatment costs, disability benefits (temporary or permanent), death benefits for dependents, and rehabilitation support. Workers or their families initiate claim processes through the BPJS Ketenagakerjaan (Jamsostek) system.

Key Points to Remember

Prompt reporting and investigation of accidents are essential for both determining cause and ensuring timely compensation for injured workers. Accident investigations must prioritize identifying root causes and control measures to prevent recurrence, not just assigning blame. Workers have the right to be informed about accident procedures and their right to compensation under the Jamsostek program.

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