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
Semoga bermanfaat……………..
SALAM K3.
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