COUNTRY REPORTOCCUPATIONAL SAFETY & HEALTH IN INDONESIA
By Tomy Mismahendra

Agenda…
introduction
Indonesia OSH review
OSH regulations and policy
Government OSH campaign
Gaps and Challenges
Strategy to doMap Of Indonesia

Indonesia consists of :The largest archipelagomore than 13000 islands (bali inside)
5 main islandsin the Southeast Asia between the Indianand Pacific ocean
34 province/governors
population more than 260 million
GDP total $ 936.955 billion
perkapita $ 3,620
In 2016, large enterprise 249.770
medium enterprise 1.801.991
small enterprise 18.928.427
4Structure and Organization of Minister of Manpower
Minister of
Manpower
Secreatariate
GeneralDir. General of Training& Productivity

Dir . General of
Employment &Employment Expansion

Dir. General ofInternational
Relations and Social
Security

Dir. General of Labour
Inspection and OSH

Agency of Planning &Employment Expansion

Inspectorate General

OSH
CONCERN

Secretariate Dir. Gen

Dir. of Works
Norms Inspection &Social Security

Dir. of
Woman&Child
Labour Inspection

Dir. of OSH
Development

Dir. of OSH
Inspection

Dir. of Labor Law
Enforcement

General Affair

Div. Training &Human Resource

Div. Means &Facilities

OSH Inspector

Div. OSH
Research &Standard

Sub Div
Training

Sub Div Means

Sub Div OSH
Research

Sub Div HR

Sub Div
Facilities

Sub Div OSH
Standard

My position
5

DIRECTORATE OF OCCUPATIONAL
SAFETY AND HEALTH INSPECTION
DUTIES
To formulate and implement the policies,
standardization, and technical guidance andto conduct evaluation in the fields of labornorms inspection

6

Directorate of OHS Development

The function of Dir of OHS Development are
conducting research, developing
information and skill, information exchange(training), standardization and services in
OSH

7

My duties
to assess the OSH implementation in theenterprise / industry
to give OSH services to the industry /enterprise, include measurement ofchemical hazard ex. BTX in workplace,physical hazard ex. Noise, Vibration in WP
to compose the Indonesia’s National
Standart (SNI)
to compose the Threshold Limit Value forHazard in the WP
8

Our Product 2 Gov. Act No 13/2011 TLV chemical/physical
1 SNI

9

Cont..
3. OSH SERVICE

10

Recent OSH condition

11

The number and cost of occupational
accidents in Indonesia have been
increasing in recent years. The risingnumber of accidents reflect poor OSH
awareness from the industry sectors
and lack of OSH supervision by
government

12

OSH regulations & policy
The main law concerning OSH is theWork Safety Act (Law No.1, 1970)
Indonesian Labor Law Government Act
No. 13 of 2003
Government Act No. 50 of 2012 OSH
management system
The National Social Security System
Law No. 40 of 200413

Government OSH campaign
National OSH month, which held on 12
January to 12 February each year
National OSH Award for ZEROACCIDENT enterprise each year
Government funded SME’S OSH
Inspection

14

Documentary

15

16

17

Gaps & Challenges

Labor
Inspector

Civil Service Investigator

18

Gaps & Challenges

Lack of OSH Supervision or Inspection
from Government ( huge gap between
Labor Inspect vs Total Enterprise)
Poor awareness of the implementationof Occupational Health and Safety(OSH) in enterprise.
Most Indonesian Companies especially
SME do not comply to existing OSH
regulations
Many companies in Indonesia consider
OSH is a cost burden

19

Probable Solutions
Encourage the government
toincrease
the number of inspectors in
the Ministry of Manpower. This will
increase supervision of companies andmake it more effective; they can
immediately respond when there arereports from unprotected workers who areconcerned about their safety and health

20

Increase companies awareness about
the importance of OSH
Initiate a campaign to educate workers,
government and public that violation of
OSH laws is a crime and should bepunished.
OSH services on monitoring and evaluation thepotential hazard in the workplace for small andmedium enterprises

21

Thank You … Arigatou

22

IMPROVEMENT OF POLICY ON OCCUPATIONAL SAFETY AND HEALTH –FROM POLICY DEVELOPMENT TO IMPLEMENTATION MEASURES(J1604255)
COUNTRY REPORT_____________________________________________________________________________________

Basic Information
Name of Applicant
Country
Organization
Department
Title
Working Experience:Tomy Mismahendra:Indonesia: Ministry of Manpower: Directorate of OSH Development: OSH Inspector: 8 (eight) years

Organization Chart

Minister of
Manpower
Secreatariate
GeneralDir. General of Training& Productivity

Dir . General of
Employment &Employment Expansion

Dir. General ofInternational
Relations and Social
Security

Dir. General of Labour
Inspection and OSH

Agency of Planning &Employment Expansion

Inspectorate General

Secretariate Dir. Gen

Dir. of Works
Norms Inspection &Social Security

Dir. of
Woman&Child
Labour Inspection

Dir. of OSH
Development

Dir. of OSH
Inspection

Dir. of Labor Law
Enforcement

General Affair

Div. Training &Human Resource

Div. Means &Facilities

OSH Inspector

Div. OSH
Research &Standard

Sub Div
Training

Sub Div Means

Sub Div OSH
Research

Sub Div HR

Sub Div
Facilities

Sub Div OSH
Standard

1.

Indonesia’s Current OSH status
Indonesia , officially the Republic of Indonesia , is a sovereign transcontinental

country located mainly in Southeast Asia with some territories in Oceania. Situatedbetween the Indian and Pacific oceans, it is the world's largest island country, with morethan thirteen thousand islands. It has an estimated population of over 260 million people(September 2016) and is the world's

fourth most populous country, mostpopulous Austronesian nation, as well as the most populous Muslim-majority country.
Awareness of the implementation of Occupational Health and Safety (OSH) in
Indonesia is still considered low. It can be seen from the high number of occupational
accidents cases. Indonesia is one of the countries with the highest accident rates inSoutheast Asia.
The number and cost of occupational accidents in Indonesia have been increasing
in recent years. The rising number of accidents reflect poor OSH awareness from theindustry sectors and lack of OSH supervision by government. It is generally acceptedthat most Indonesian Companies especially SME do not comply to existing OSH
regulations. Many companies consider OSH is a cost burden, which makes the working
environments more dangerous. In Indonesia, the government’s role tends more toward
encouraging compliance with OSH regulations rather than enforcing it.

Workplace Accidents in period 2005 – 2011
Year

Accidents

Compensation (IDR billion)

2005

99,023

219,2

2006

90,071

196,5

2007

83,714

219,8

2008

93,823

296,4

2009

96,697

328,5

2010

98,711

401,2

2011

99,491504,0Jamsostek annual report 2011

Comply with the data from the Ministry of Manpower of the Republic of Indonesia,
only about 2.1% of 15,000 large-scale enterprises in Indonesia are applying OSH
Management System. One of the reasons that make this situation, is a certain stigma
that the applications of OSH are still consider as additional charges for the company.
This stigma against the reality, if the work accidents happen then the company must
give compensation fund to the victims with greater value. So, economically OSH is very
important.

2.

Safety and Health related Laws and Regulations
Indonesia has comprehensive OSH laws and regulations designed to protect

worker safety. The main law concerning OSH is the Work Safety Act (Law No.1, 1970).
This Law covers all workplaces and emphasizes primary prevention. It requires

employers to report to the various and appropriate government agencies and details
regulation regarding government inspections of workplace.
Indonesian Labor Law Government Act No. 13 of 2003 has several articles layingout the framework for OSH. Article 86 – 87 of this Government Act state that every
worker has a right to receive OSH. Every industry is under an obligation to apply an
OSH management system that shall be integrated to its own management system
Government Act No. 50 of 2012.

3.

Labor Inspection System
Act No. 13 of 2003 on Labor Law establishes the Ministry of Manpower (MOM) as

the only government institutional responsible for labor matters. Labor inspection is oneof the MOM’s core functions covering every economic sector and size of enterprise. In
the area of occupational safety and health, some authority for advisory services (incertain sectors) is delegated to other government agencies:

OSH advisory services in the energy, mining, and mineral resource sectors
are delegated to the Ministry of Energy and Mineral Resources;

OSH advisory services in the nuclear energy sector are delegated to the
Nuclear Energy Regulatory Agency;

OSH advisory services in the construction sector are delegated to the
Ministry of Public Works.



OSH inspectors from the MOM sometimes carry out joint inspection visitswith OSH officials from these other agencies.

The Directorate General of Labor Inspection and OSH Development within the
MOM covers the inspection areas of working conditions, occupational safety and health,women and child workers, and labor inspection capacity building.
It’s main role is to enforce the country’s labor laws through labor inspection
actions. It also formulates policies, standards, norms, guidelines, and mechanisms, andprovides technical guidance and evaluation services in all these areas.
Labor inspection functions are carried out through four Directorates:(1) the Directorate of Working Conditions Inspection covers inspections in thefields of employment relationship, social security, working conditions, placement andtraining;(2) the Directorate of Occupational Safety and Health Inspection covers inspectionin the fields of mechanical equipment, pressure vessel and boilers, construction andelectrical installations, fire, occupational health, hazardous substances and working
environment, and OSH management systems;(3) the Directorate of Women and Child Labor Inspection covers inspections in thefields of women workers, child labor, and is responsible for cooperation between
relevant institutions as well as advocacy;(4) the Directorate of Law Enforcement on Labor Inspection covers inspection
institutions and labor inspectors, standardization and certification, as well as labor
inspection evaluation and information, emphasizing law enforcement and prosecution
and the investigation of occupational cases.

All this work is carried out by labor inspectors in the provinces and districts,
including PPNS (civil service investigators). Labor inspectors are appointed by the
Minister of Manpower and Transmigration, after a period of specialized training andupon meeting the necessary competency requirements.
Labor inspectors are responsible for enforcing laws, administrative regulations andcollective agreements. Labor inspection has competency over all workplaces which
includes where work is performed, usually performed, or where it is assumed to be
performed. Act No. 13 of 2003 on Manpower does not exclude any category of
establishment from its scope of application.
Labor inspectors, in coordination with the police, have the authority to investigate
labor crimes. Inspectors are further required to provide technical guidance toenterprises in the form of advisory services and capacity building. In collaboration withother Directorates in the MOM, the Labor Inspection Directorate also deals with issues
such as industrial relations and employment placement.
The labor inspection governance structure was changed from a centralized todecentralized system. Competencies over labor issues, including labor inspection, arenow the jurisdiction of local authorities. The central government has the responsibility todevelop laws, regulations and procedures to assist the Provincial and Local District
Governments in the implementation of labor affairs.
All levels of government (Ministry, Provinces, Districts) are required to prepare
annual budgeted labor inspection plans (prepared one year in advance). As such, themajority of inspection visits are planned visits (first inspections and periodic visits) withthe remainder of visits taking place as the result of a complaint or accident notification.

4.

Workers Accident Compensation Insurance
In addition to safe workplaces, Indonesia law (Law No 3,1992) has mandated thecreation of a social security network that provides for workers if they get injured (known
as Jamsostek)
In the year of 2004, Indonesia finally launched a Law on National Social Security
System (NSSS). The NSSS Law No. 40 of 2004 mandates universal coverage of social
security with compulsory contributions. This law provides that those who cannot afford
to pay premiums receive a subsidy. In general, the law follows the basic principles ofsocial security administration by including as participants all citizens and foreign
nationals who have worked for at least six months in Indonesia and have contributed
directly, through their employer or a government scheme. Article 4 of this law states that
the NSSS should be administered on the basis of the nine principles of social insurance:
mutual assistance, not for profit, transparency, prudence, accountability, portability,
mandatory participation, trust fund and the return of social insurance which must be
used entirely for developing programmes in the best interest of the participants. These
components include medical care, sickness, unemployment benefit, old age benefit,
employment injury, family benefit, maternity benefit, invalidity and survivor benefit.
Informal workers are excluded from the current social protection system. The

implementation of social security is conduct by BPJS (Badan Penyelenggara Jaminan
Sosial) as the replacement of JAMSOSTEK.
History
The implementation of social security program is one of the responsibilities andobligations of the State - to provide socio-economic protection to the public. In
accordance with the State's financial capabilities, like other developing countries,
Indonesia develops social insurance programs funded by social security. It is a social
security that is funded by participants and is still limited to community of workers within
formal sector.
The history of the establishment of PT Jamsostek (Persero) underwent a longprocess, starting from the Law No.33 / 1947 jo Law No.2 / 1951 concerning
occupational accidents, Regulation of the Minister of Labor (PMP) 48/1952 jo PMP
8/1956 on the arrangements of aid for workers health care, PMP No.15 / 1957 on theestablishment of Labor Social Foundation, PMP No.5 / 1964 on the establishment of theSocial Security Fund Foundation (YDJS), the enactment of Law No.14 / 1969 on Labor
Affairs. Chronologically, the birth of a labor social insurance is becoming moretransparent.
After undergoing progress and development in terms of legal basis, form ofprotection as well as management, in 1977, the government issued Government
Regulation (PP) Number 33 of 1977 concerning the implementation of labor social
insurance programs (ASTEK) which became an important milestone. The regulation
requires that each employer / private and state enterprises to participate in ASTEK

program. PP No.34 / 1977 concerning the establishment of a platform organizer of
ASTEK that is Perum Astek was also issued.
The next important milestone is the enactment of Law No. 3 of 1992 on
Employment Social Security (Jamsostek) and through PP No.36 / 1995 which enacted
PT Jamsostek as the organizing body of Employment Social Security. Jamsostek
program provides basic protection to meet the minimum needs of workers and theirfamilies, by providing certainty of a continuing family income as a substitute for partial orcomplete loss of income, as a result of social risk.
Furthermore, at the end of 2004, the Government also issued Law No. 40 of 2004
on National Social Security System. The law is related to the amendment of the 1945
Constitution concerning the amendment of Article 34, paragraph 2, which now reads:"The State shall develop a system of social security for all people and to empower the
weak and incapable in accordance with human dignity". The benefits of such protection
can provide a sense of security to workers so that they can concentrate on increasing
motivation and productivity.
The role of PT Jamsostek (Persero) is to promote the interests and normative
rights of Labor in Indonesia by providing 4 (four) protection programs, which include
Occupational Accident Benefit (JKK), Death Benefit (JKM), Old Age Benefit (JHT) and
Health Care Benefit (JPK) programs for all workers and their families, continues until theenactment of Law No. 24 of 2011.
In 2011, the Law No. 24 of 2011 on the Employment Social Security Provider wasenacted. In accordance with the mandate of the law, as of Januari 1, 2014, PT
Jamsostek will turn into Legal Public Entity. PT Jamsostek (Persero) which transformedinto Employment BPJS (Social Security Provider) remained trusted to manage
employment social security programs, which include JKK, JKM, JHT with the addition of
Pension Benefit began on July 1, 2015.
Recognizing the great and noble responsibility, Employment BPJS continues toincrease competency across service lines while developing a variety of programs andbenefits that workers and their families can immediately appreciate.
Now with the implementation of a more advanced systems, Employment BPJS
program not only provide benefits to workers and employers, but also provide animportant contribution to the improvement of the nation's economic growth and welfareof Indonesian society.
There are 31 occupational diseases, recognized by Indonesian law,as caused bywork or working conditions and the work environment. These are:
1. Pneumoconiosis (pneumokoniosis) caused by mineral dust forming
scar tissue (silicosis, antrakosilikosis, asbestosis) and silicotuberculosis(silikotuberkolosis) wherein silicosis (silikosis) was the main factor
causing dissability and death.
2. Lung and bronchial disease (bronkhopulmoner) caused by hard
metal dust.
3. Lung and bronchial disease (bronkhopulmoner) caused by cotton
dust, vlas, henep and sisal (bissinosis).
4. Asthma caused by work that caused by over exposure to substances
at work.
5. Alveolitis allergika caused by external factors such the inhalation oforganic dust.
6. Disease caused by beryllium (berilium) or its toxic compounds.
7. Disease caused by cadmium (kadmium) or its toxic compounds.
8. Disease caused by phosphorus (fosfor) or its toxic compounds.
9. Disease caused by chromium (krom) or its toxic compounds.
10. Disease caused by manganese (mangan) or its toxic compounds.
11. Disease caused by arsenic (arsen) or its toxic compounds.
12. Disease caused by mercury (raksa) or its toxic compounds.
13. Disease caused by lead (timbal) or its toxic compounds.
14. Disease caused by fluor or its toxic compounds.
15. Disease caused by carbon disulfide (karbon disulfide) toxic.
16. Disease caused by halogen derivatives (derivat halogen) fromaliphatic hydrocarbons (hidrokarbon alifatik) or aromatics(aromatik) toxic compounds.
17. Disease caused by benzene (benzena) or homologous toxic
substances.
18. Disease caused by derivatives of nitrogen (derivat nitro) and amina
from benzene or homologous toxic compounds
19. Disease caused by nitroglycerin (nitrogliserin) or nitric acid esters(ester nitrat acid).
20. Disease caused by alcohol, glycol or ketone (alkohol, glikol or
keton).
21. Disease caused by gas or vapor causing asphyxia (asfiksia)

or poisoning by carbon monoxide (karbon monoksida) ,hidrogensianida, hydrogen sulphide (hydrogen sulfida), or
derivatives that are poisonous, such as zinc, brass and nickel
ammonia (amoniak seng, braso and nikel).
22. Auditory abnormalities caused by noise.
23. Disease or injury caused by mechanical vibration (muscle disorder,
gout, bone joints, blood vessels or the edge nervous).
24. Disease or injury caused by working in pressurized air.
25. Disease or injury caused by electro magnetic radiation and ionize
radiation.
26. Skin disease (dermatosis) due to physical, chemical or biologicalcauses.
27. Skin cancer epitelioma primer caused by ter, pic (chemical names),
bitumen, mineral oil, antrasena or its compounds or its products
or the residue of those substances.
28. Lung cancer or mesothelioma caused by asbestos (asbes).
29. Infection caused by virus, bacteria or parasites in working
environments with special risks.
30. Diseases caused by high or low temperature or radiation or high
air humidity.
31. Diseases caused by the other chemical subtances include
medicines.

5.

OSHMS in Indonesia
Occupationalorganizational

Safetystructure,andHealthplanning,(OSH)

Management

responsibility,

Systemimplementation,

includesprocedures,processes and resources that are required for developing, implementing, achieving,
reviewing and maintaining the safety and health policies in order to control the risks
associated with activities working to establish a workplace that is safe, efficient andproductive. Enterprise that employs 100 people or more and/or having potential danger
posed by the characteristics of the material process of production that can lead to
accidents such as explosions, fires, pollution and work related diseases are required toapply OSH Management System. Initial steps to implement SMK3 is to demonstrate thecommitment and establish anOSH policy, which is a written statement signed by theemployer or management that includes the overall vision and goals, commitment anddetermination implement OSH, the framework and work program that includes theenterprise’s general and/or operational activities. OSH policy is made through a processof consultation between management and workers representatives who then must be
explained and disseminated to all workers, suppliers and customers. OSH policy isdynamic and will always be reviewed in order to improve the OSH performance.
OSH COMMITTEEEnterprises that are required to establish an OSH Committee are:
• Enterprises that employ 100 people or more; or•Enterprises that employ less than 100 people but using materials, processing
and having installations that have a high risk of impendingexplosion, fire,poisoning and radioactive radiation.

The OSH Committee consists of both workers and management representatives,
and responsible to monitor and implement the OSH policy.
The head of the OSH Committee is required to be a high level management
representative. The OSH Committee Secretary must be a certified General OSH expert.
In order to be appointed, he or she must undertake a two week General OSH training
course organized by the Ministry of Manpower and Transmigration and receive an
appointment letter from the Ministry.
The OSH Committee must submit a report on the activities of the OSH committee
to Local Manpower Office addressed to the Minister of Manpower and Transmigration
every 3 months.

6.

Safety of Equipment and Facilities
There are several facilities that Indonesia has to improve OHS in Indonesia, whichare :a) Directorate for Development of OSH (Direktorat Bina K3)
Directorate for Development of OSH is responsible for identification andcontrol of occupational health and safety hazard in factory, personnel
training and education, research in occupational health and safety, preplacement and periodical medical examination, and consultation onenvironmental impact assessment. It also makes recommendations foroccupational safety and health standards.
b) Directorate for Inspection of OSH Standards ( Dir Pengawasan Norma K3)
Directorate for Inspection of OSH Standards is responsible for labor OSH
inspection, accident investigation, personnel training, implementing OSH
programs and certification of machine operator.

7.

Training / Education Programs
Several training conducted by government to improve Enterprise OSH awareness :- OSH training for medical doctor- OSH training for nurses- OSH training for OSH committee- OSH training on chemical handling- OSH training on food handling- Training of First Aid at Workplace- Training on emergency response

8.

Activities of OSH organizations other than governmentNational Occupational Safety and Health Council (DK3N)
The National Occupational Safety and Health Council (DK3N) is a tripartite
body to provide recommendations and advice to the Government at national
level. Its members consist of main OSH organizations, including theemployer’s and worker’s representatives. Its duties are to collect andanalyze OSH data at the national and provincial level, help Ministry of
Manpower to supervise the provincial OSH councils, conduct research, andprovide training and education programs.


APINDO
APINDO (Employers’ Association of Indonesia), established in 1952.
APINDO has been the member of DK3N since its establishment and has
incorporated safety and health and environmental protection issues in thepolicy statement. It also organizes seminars and training courses.

SPSI
SPSI (Confederation of the All Indonesian Workers Union) leads 18 labor
union federations. SPSI has offices in 30 provinces (regional executive
boards) and 316 cities and districts. It has also representative offices in
12,000 companies with total members approximately 5 million acrossIndonesia. In each province, SPSI has its own safety and health board
which have a responsibility to work together with the companies indeveloping OSH.

9.

Campaign/Event/National Convention/ Exhibition
Several campaign conduct by Ministry of Manpower to encourage OSH

development in enterprise are :

National OSH month, which held on 12 January to 12 February each year

National OSH Award for ZERO ACCIDENT enterprise each year



10.

Government funded SME’S OSH Inspection

Obstacle in Promoting OSH in Indonesia
Several Obstacle in Promoting OSH in Indonesia are :Poor awareness of the implementation of Occupational Health and Safety(OSH) in enterprise.



Most Indonesian Companies especially SME do not comply to existing OSH
regulations



Many companies in Indonesia consider OSH is a cost burdenLack of OSH Supervision or Inspection from Government

My recommendation to solve the Obstace are :oEncourage

thegovernment toincreasethenumber ofinspectors in the Ministry of Manpower. This will increase supervision ofcompanies and make it more effective; they can immediately respond when
there are reports from unprotected workers who are concerned about theirsafety and health.
oIncrease companies

awarenessabout theimportanceof OSHo

Initiate a campaign to educate workers, government and public that
violation of OSH laws is a crime and should be punished.

o OSH services on monitoring and evaluation the potential hazard in theworkplace for small and medium enterprises, such as gas, dust noise, heatstress, lighting etc.