Occupational Health and Safety Law You Should Know

UU keselamatan dan kesehatan kerja

Did you know that the Occupational Safety and Health (OSH) Law mandates every company to create a safe and healthy work environment? Implementing OSH is not merely about regulatory compliance; it is also a crucial step toward enhancing productivity and employee well-being. So, what are the regulations governing OSH in Indonesia, and how are they implemented? Let’s explore this discussion further!

What is Occupational Safety and Health (OSH)?

Occupational Safety and Health (OSH) is a set of efforts aimed at protecting workers from accidents and occupational diseases. OSH includes preventive measures, supervision, and the implementation of safety standards to create a safe and healthy work environment. By implementing OSH, companies not only protect their employees but also enhance productivity and work efficiency.

Are All Companies Required to Implement OSH Procedures?

According to Law No. 1 of 1970 on Work Safety, the implementation of OSH is mandatory in all workplaces. The definition of a workplace in this law includes any space or field, whether enclosed or open, mobile or stationary, where workers perform their duties or frequently enter for business purposes.

Furthermore, OSH implementation is also required in workplaces that have potential hazards threatening worker safety and health. This means that industrial companies, offices, hospitals, construction projects, and public facilities involving workers must ensure safety and health standards are met according to applicable regulations.

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OSH Laws and Regulations in Indonesia

In Indonesia, OSH implementation is governed by various regulations that must be adhered to by companies and workers. Some key regulations related to OSH include:

  1. Law No. 1 of 1970 on Work Safety – The primary regulation governing the obligations of companies and workers in implementing workplace safety.

  2. Minister of Manpower Regulation No. 4 of 1987 on OSH Advisory Committees (P2K3) – Regulates the formation and duties of OSH committees within companies.

  3. Law No. 23 of 1992 on Health – Requires companies to conduct periodic health check-ups for workers.

  4. Law No. 3 of 1992 on Workers' Social Security – Later revised as Law No. 40 of 2004 on the National Social Security System, covering work accident insurance.

  5. Presidential Decree No. 22 of 1993 on Occupational Diseases – Establishes a list of recognized occupational diseases.

  6. Ministerial Regulation No. 5 of 1996 on Occupational Safety and Health Management Systems (SMK3) – Regulates OSH management standards within companies.

  7. Law No. 13 of 2003 on Manpower – Article 86 emphasizes workers' rights to OSH protection.

  8. Government Regulation No. 50 of 2012 on SMK3 Implementation – Provides further guidance on OSH management systems in companies.

  9. Presidential Regulation No. 7 of 2019 on Occupational Diseases – Expands the list of recognized occupational diseases.

  10. Minister of Manpower Regulation No. 5 of 2018 on OSH in the Workplace – Regulates OSH standards to minimize workplace hazards.

Objectives of Occupational Safety and Health (OSH) Implementation

Every OSH policy aims to protect workers and the work environment. Based on Law No. 1 of 1970 on Work Safety, the three primary objectives of OSH implementation are:

1. Protecting and Ensuring Worker Safety

OSH aims to prevent workplace accidents and safeguard workers from risks that may endanger their lives and health.

2. Ensuring Safe Use of Production Resources

Workplace safety not only affects employees but also the equipment and machinery used in production. OSH ensures that all work equipment operates safely and efficiently.

3. Enhancing National Welfare and Productivity

A safe and healthy work environment improves employee productivity, contributing to national economic growth.

Occupational Safety and Health According to Law

OSH is not only a corporate responsibility but also a worker's right. Articles 86 and 87 of the Manpower Law outline workers' rights and obligations regarding OSH:

Article 86:

  • Every worker has the right to protection for occupational safety and health.

  • To support work productivity, companies must implement OSH measures.

  • This protection must comply with applicable regulations.

Article 87:

  • Companies are required to implement an OSH management system integrated into their corporate management system.

  • The implementation of the OSH system is regulated through Government Regulations.

Workers' Rights and Responsibilities in OSH

Besides having the right to OSH protection, workers also have obligations to maintain workplace safety. According to Article 12 of the Work Safety Law, workers must:

  • Provide accurate information to OSH inspectors or safety experts.

  • Use mandatory Personal Protective Equipment (PPE).

  • Comply with all workplace safety and health requirements.

  • Request the company to enforce the required OSH standards.

  • Refuse to work if safety conditions do not meet prescribed standards.

Occupational Safety and Health is not just a regulation to be followed but also an investment for companies to enhance productivity and employee well-being. Proper OSH implementation minimizes workplace accident risks, creating a safer and more comfortable work environment.

Enhance Workplace Safety with Professional Workforce from SOS!

Optimal OSH implementation requires competent and well-trained personnel. Without professional workers, the risk of workplace accidents and operational inefficiencies increases, hindering business productivity.

SOS is here as your Workforce Provider Solution! As a trusted outsourcing partner, we provide skilled personnel in various fields, including security, cleaning, and facility management. With a workforce trained according to OSH standards, your business operations will run more safely, efficiently, and in compliance with regulations.

Don’t let workplace risks slow down your business. Entrust your workforce needs to SOS and create a safer, more productive work environment. Contact us now for the best workforce solutions!

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