Undang-undang Keselamatan Kerja (English Version)

ACT NO. 1 OF 1970

ON SAFETY

(State Gazette No. 1 of 1970) 

WITH THE BLESSING OF GOD ALMIGHTY

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

 

Considering:

a.     that every worker is entitled  to protection of his safety in  performing  work  for his well-being an increase  in national production and productivity,

b.     that the safety of every other person in the workplace should be ensured,

c.      that  every  source  of  production  should  be  used  and applied safety and efficiently,

d.     that in this regard it is necessary to make every effort to develop labor protection standards,

e.     that  in  the  development  of  these  standards  an  act is deemed necessary which contains general provision of safety compatible with social changes, industrialization, changing techniques and technology

 

in view of:

1.       Article 5, 20 and 27 of the 1945 Constitution;

2.       Article 9 and 10 of Act No. 14 of 1969 on the Basic Provisions respecting Manpower (State Gazette No. 55 of 1969, Supplementary State Gazette No. 2912), With the approval of the Gotong Royong House of Representative;

 

Resolves:

 

1.  To repeal  :        Safety  Act  of  1910  (State  Gazette No. 406).

2.  To enact   :        Safety Act

 

CHAPTER I

On Terminology

 

Article 1

In this Act:

(1)         “Workplace” means any room on space, closed or open, moving or stationery, where an employee is employed or which is often entered by an employee on behalf of an undertaking, when a source of danger is present as specified in article 2,

The term workplace includes any room, space or yard and its surroundings, which is a part of or communicates with the workplace.

(2)         “Manager” means any person charged with the direct management of a workplace or independent part thereof.

(3)         “Employer” means:

a.       any person  or  corporation  carrying on his  or  its  own business and a workplace to that end,

b.       any person or corporation, who or which independently carries on a business owned by another and to that end uses a workplace;

c.        any  person  or  corporation in Indonesia, who or which represents a person or corporation as meant in a. and b. above should the employer reside outside Indonesia.

(4)         “Director” means the official appointed by the Minister of Manpower to enforce this Act

(5)         “Safety Inspector” means a technical officer or he Department of Manpower with special qualifications, appointed by the Minister of Manpower.

(6)         “Safety Expert” means a person with special qualifications from outside the Department of Manpower, appointed by the Minister of Manpower to supervise the observance of this Act.

 

 

CHAPTER II

Scope

 

Article 2 

(1)         This Act regulates safety in all workplaces on land, underground, on the water surface, underwater and in the air, within the Jurisdiction of the Republic of Indonesia.

(2)         The provisions of (1) above shall apply to workplace where

a.       Machines, apparatus, tools, equipment or installations use manufactured, constructed, tested used or applied, which are dangerous or may cause an accident, fire or explosion;

b.       materials or goods which are explosive, easily inflammable, corrosive,  poisonous,  cause  infection  or  have  a high temperature, are manufactured, processed, used, applied, marketed, transported or stored;

c.        assembly,  repair,  maintenance,  clearing  or  demolition of a house or any building or other construction, included waterworks, channels, underground tunnels, etcetera, or  preparatory works are being performed;

d.       activities  are  performed  in  the  fields  of  agriculture, plantations,  forest  clearance  and  exploitation,  the processing of timber or other forest products, cattle raising. Fisheries and health;

e.       activities  are  performed  in  the  Fields  of  mining,  the processing of gold, silver, other metals or ores, precious, semi-precious and other stones, gas, oil or other minerals above ground, underground or underwater;

f.         goods,  animals  or  men  are  transported  on  land,  through tunnels, by water, underwater and in the air;

g.       the  loading  and  unloading  of cargoes  in  or  on  board ship,  proas,  quays,  docks,  stations or warehouses, is performed.

h.       diving,  the  extraction  of products,  and  other activities are performed underwater,

i.         activities   are   performed   at   a   height   above   the   surface of land or water,

j.         activities  are  performed  under  high  or  low  atmospheric pressure or high or low temperature:

k.       activities are performed involving danger or being hurried, tailing bodies or otherwise being struck, falling or stopping into a cavity or excavation being carried along by or tumbling into water;

l.         activities are performed in tanks, wells, cavities or excavations:

m.     temperature variations, humidity, dust, dirt, fire, smoke vapor, gas draughts, variable weather conditions, rays or radiance, sound or vibration, are present or in circulation:

n.       waste or garbage are deposited or being destroyed;

o.       activities are performed  in the field of transmission or receiving by radio, radar, television or telephone:

p.       activities are performed in the field of education, training experiment, research or making use of technical apparatus in connection therewith;

q.       electricity is generated transformed or distributed, or gas, oil or water are raised, stored or piped,

r.        in   the   performance  of  a  film   or  play  or  provision  of other recreation, and electrical or mechanical equipment is used; 

(3)         Other spaces or yards wherein the safety or health of persons working, or present, in such spaces or yards could be endangered, may be included as workplaces by legislative regulation modifying the provisions of (2) above.

 

 

CHAPTER III

Safety Conditions

 

Article 3 

(1)         Safety conditions shall be prescribed by legislative regulation to:

a.       prevent and reduce the possibility of accidents;

b.       prevent  and  reduce  the  possibility  of  and  extinguish Fires;

c.        prevent and reduce the possibility of danger from explosion;

d.       provide means of escape from Fire or other danger:

e.       provide first-aid in cafe of injury:

f.         ensure  that workers are  provided  with  protective equipment;

g.       prevent or control the incidence or spread of temperature variations,  humidity,  dust,  dirt,  smoke,  vapor,  gas, draughts, variable weather conditions, rays or radiance, sound and vibration:

h.       prevent or control the incidence of occupational disease, whether, physical or psychological, poisoning, infection or contagion:

i.         provide adequate and  suitable  illumination:

j.         provide  satisfactory temperature and humidity levels;

k.       provide satisfactory air circulation;

l.         maintain cleanliness, health and good order;

m.     the union  of worker  and  works tools, environment, work methods and processes;

n.       safeguard  and  facilitate the transportation of men, animals, plants or goods;

o.       safeguard and maintain construction of all kinds;

p.       safeguard and facilitate the loading, unloading, handling and storage of goods:

q.       prevent shock by electric current;

r.        adjust  and  develop  safety  measures in  accordance with the requirements of increasing accident rates.

(2)         The provisions of (1) above may be modified by legislative regulation to conform with future scientific and technological developments and new inventions.

   

Article 4

 

(1)         Safety conditions in relation to the planning, production, transportation, circulation, marketing, installation, use, application, maintenance and storage of materials, goods, technical products and means of production, which involve or may cause danger of accident, shall be prescribed by legislative regulation.

(2)         such safety conditions shall be based upon technical scientific principles and arranged into a collection orderly, clear and  practical  provisions having reference to various activities including those concerning construction, processing and manufacturing materials, protective equipment: testing and approbation, packaging or bagging, the furnishing of marks, on materials, goods, technical products and means of production, to ensure the safety of the goods themselves, the workers concerned and the public safety.

(3)         The provisions of (1) and (2) above may be modified by legislative regulation and conform to and fulfill the above safety conditions who shall be prescribed by legislative regulation.

 

 

CHAPTER IV

Supervision

 

Article 5

 

(1)         The Director shall carry out the general implementation of this Act while Safety Inspection and Safety Experts have the duty of directly supervising the observance of this Act and assisting in its implementation.

(2)         The authority and obligations of the Director, Safety Inspectors and Safety Experts, in the implementation of this Act, shall be laid down by legislative regulation.

 

Article 6

 

(1)         any person disagreeing with a decision of the Director may lodge an appeal to an Appeal Committee.

(2)         The procedure for lodging an appeal, the composition and tasks of such Appeal Committee, etcetera, shall be prescribed by the Minister of Manpower.

(3)         The decisions of such a Appeal Committee shall be Final.

 

Article 7

 

The employer shall pay a fee, to b« Fixed by legislative regulation, for the supervisory services provided for under this Act.

 

 

Articles 8

 

(1)         A manager shall be responsible for arranging the examination or workers being engaged or transferred, regarding their health, mental condition and physical ability in relation to the kind of work to be performed.

(2)         A manager shall be responsible for arranging the periodical physical examination of all workers for whom he is responsible, by a physician appointed by the employer and approved by the Director.

(3)         Health examination standards shall be prescribed by legislative regulation.

 

   

CHAPTER V

Guidance

 

Article 9

 

(1)    A manager shall demonstrate and explain to every worker.

a.       the conditions and dangers which may occur in his workplace:

b.       all  safety  devices  and  protective equipment which  it  is obligatory to provide at the workplace.

c.        the personal protective equipment provided for the personnel concerned;

d.       the safety system and conduct in connection with carrying out the work.

(2)    A manager may only employ a person after being satisfied that he has understood the conditions referred to above

(3)         A  manager  shall provide his workers  with training accident prevention and fire fighting, the promotion of safety and health and rendering first aid.

(4)         A manager shall fulfill and obey all the conditions and provisions in force for his business and workplace.

 

 

CHAPTER VI

Safety and health committee

 

Article 10

 (1)         The Minister of Manpower shall have authority to set up Safety and Health Committees to develop cooperation, mutual understanding and effective participation, on the part of the employer or manager and workers in work-places, in fulfillment of their common tasks and obligations in the field of safety and health, for the promotion of production.

(2)         The composition of safety and Health Committees their tasks, etcetera shall be prescribed by the Minister of Manpower.

 

 

CHAPTER VII

Accidents

 

Article 11

 

(1)         A manager shall report every accident occurring in a workplace of which be is responsible to the official for this purpose by the Minister of Manpower.

(2)         The procedures regarding the reporting of accidents and for their investigation by the official referred to in (1) above shall be prescribed by legislative regulation.

 

 

CHAPTER VII

Obligations and rights of workers

 

Article 12

 

Legislative regulations shall lay down the obligations and rights of workers to.

a.            provide  accurate  information  upon  request  by  Safety Inspector or Safety Expert;

b.            use obligatory personal protective equipment;

c.             fulfill and obey obligatory safety and health conditions;

d.            request the manager to carry out all obligatory safety and health conditions;

e.            raise objection to work regarding which, in his opinion, doubts exist concerning obligatory safety, health and personal protective equipment requirements otherwise, within the limits of his responsibility.

 

 

CHATTER IX

Obligations when entering a workplace

 

Article 13

 

Any person entering a workplace shall obey all the safety instructions and use the personal protective equipment made obligatory under the law.

 

 

CHAPTER X

Obligations of the manager

 

Article 14

 

A Manager shall:

a.     post  notices  in  writing,  in  place  where  such  notices are easily visible and legible, according to the directions of the Safety Inspector or Safety Expert, concerning all the obligatory conditions of safety and health in the workplace under his management; also a copy of this Act and all the regulation giving effect to its conditions,

b.     exhibit, at the workplace  for  which he is responsible the obligatory safety posters and other guidance information in places easily visible or lagible, according to the directions of the Safety Inspector or Safety Expert’,

c.     provide free of charge to workers under his control and any other person entering the workplace, all the obligatory personal protective equipment together with the necessary instructions for making use thereof, according lo the directions of the Safety Inspector or Safety Expert.

 

CHAPTER XI

Concluding provisions

 

Article 15

 

 

(1)         The administration of the provisions of the aforesaid articles shall be further prescribed for by legislative regulation.

(2)         The legislative regulation as meant in (1) above may prescribe penalties for contravention of its provisions by imprisonment of up to three month or by a Fine of up to Rp. 100.000 (hundred thousand rupiahs).

(3)         Such punishable acts shall be minor offences.

Article 16

 

An employer making use or workplaces at the time of his Act coming into force shall, within one year thereof, comply with the provisions according to or by virtue of this Act.

 

Article 17

 

Until such time that the legislative regulations for administration of the provisions of this Act are promulgated, the safety regulations in force at the time of this Act coming into effect, shall remain in force provided that they are not in conflict with this Act.

 

Article 18

 

This Act shall be called “The Safety Act” and shall come into force on the day of its promulgation.

In  order  that  everyone  may  take  cognizance  of this, the promulgation of this Act is herewith ordered by publication in the State Gazette of the Republic of Indonesia.

 

 

Determined in Jakarta

On 12 January 1970

President of the Republic of Indonesia

 

SOEHARTO

 

 

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