The Occupational Safety and Health (OSH) Management System includes the organizational structure, planning, responsibility, implementation, procedures, 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 and to establish a workplace that is safe, efficient and productive.
Enterprises that employ 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 to apply an OSH Management System.
The initial steps to implement SMK3 are to demonstrate the commitment and establish an OSH policy, which is a written statement signed by the employer or management that includes the overall vision and goals, commitment and determination implement OSH, the framework and work program that includes the enterprise’s general and/or operational activities.
OSH policy is made through a process of consultation between management and workers representatives which then must be explained and disseminated to all workers, suppliers and customers. OSH policy is dynamic and will always be reviewed in order to improve the OSH performance.
LEGAL REFERENCES:
MANPOWER ACT NO. 13 OF 2003, ARTS. 86-87;
GOVERNMENT REGULATION ON OCCUPATIONAL SAFETY AND HEALTH MANAGEMENT SYSTEM APPLICATION NO. 50 OF 2012;
MOM REGULATION NO.PER.05/MEN/1996 [PERATURAN MENAKER NO.PER.05/MEN/1996];
MOMT REGULATION NO.PER.18/MEN/XI/2008, ART. 2(1) [PERATURAN MENAKERTRANS NO.PER.18/MEN/XI/2008, PASAL 2(1)].
Enterprises that are required to establish an OSH Committee are:
The OSH Committee consists of both workers and management representatives and is 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.
Case Study: An OSH Committee was established at a garment factory. The General Manager felt that he was too busy to be involved, so he appointed the Compliance Officer who was a certified OSH General Expert as head of the committee. This is not permitted practice. The General Manager or a high-level manager should take responsibility as Head of the OSH Committee and the Compliance Officer who is a certified OSH General Expert should be the OSH Committee Secretary.
LEGAL REFERENCES:
WORK SAFETY ACT NO.1 OF 1970, ART. 10 [UU KESELAMATAN KERJA NO. 1 TAHUN 1970, PASAL 10];
MOMTC REGULATION NO. PER.03/MEN/1978 [PERATURAN MENAKERTRANSKOP NO. PER.03/MEN/1978];
MOM REGULATION NO. PER-05/MEN/1996, APPENDIX II, SECTION 1.4 [PERATURAN MENAKER NO. PER-05/MEN/1996, LAMPIRAN II, BAGIAN 1.4];
MOM REGULATION NO. PER.04/MEN/1987.
Employers must obtain operator licenses from the Ministry of Manpower and Transmigration for certain types of machinery in the workplace, including boilers, pressured vessels, power generator and production machinery, and lifting and transporting instruments.
Employers must also ensure that lighting rod installations and all electrical installations at the workplace are properly installed and certified against national standards.
LEGAL REFERENCES:
MOMT REGULATION ON PRESSURED VESSELS NO. PER.01/MEN/1982 [PERATURAN MENAKERTRANS TENTANG BEJANA TEKAN NO. PER. 01/MEN/1982];
MOM REGULATION ON POWER GENERATOR AND PRODUCTION MACHINERIES NO. PER.04/MEN/1985 [PERATURAN MENAKERTRANS TENTANG PESAWAT TENAGA DAN PRODUKSI NO.PER.04/MEN/1985];
MOM REGULATION ON LIFTING AND TRANSPORTING INSTRUMENTS NO. PER.05/MEN/1985 [PERATURAN MENAKER TENTANG PESAWAT ANGKAT DAN ANGKUT NO. PER.05/MEN/1985];
MOM REGULATION ON THE QUALIFICATIONS AND REQUIREMENTS OF A BOILER OPERATOR and NO. PER.01/MEN/1988 [PERATURAN MENAKER TENTANG KWALIFIKASI DAN SYARAT-SYARAT OPERATOR PESAWAT UAP NO. PER.01/MEN/1988];
MOMT REGULATION ON OPERATOR AND OFFICER FOR LIFTING AND TRANSPORTING INSTRUMENTS NO. PER.09/MEN/VII/2010 [PERATURAN MENAKERTRANS TENTANG OPERATOR DAN PETUGAS PESAWAT ANGKAT DAN ANGKUT NO. PER.09/MEN/VII/2010];
MOM REGULATION ON INSPECTION OF LIGHTING ROD INSTALLATIONS NO. PER.02/MEN/1989 [PERATURAN MENAKERTRANS TENTANG PENGAWASAN INSTALASI PENYALUR PETIR];
MOMT REGULATION ON ENFORCEMENT OF INDONESIAN NATIONAL STANDARD (SNI) NO. SNI-04-0225-2000 ON GENERAL REQUIREMENTS FOR ELECTRICAL INSTALLATIONS OF 2000 (PUIL 2000) IN THE WORKPLACE NO. KEP.75/MEN/2002 [KEPUTUSAN MENAKERTRANS TENTANG PEMBERLAKUAN STANDAR NASIONAL INDONESIA NOMOR : SNI-04-0225-2000 MENGENAI PERSYARATAN UMUM INSTALASI LISTRIK 2000 (PUIL 2000) DI TEMPAT KERJA];
INDONESIAN NATIONAL STANDARD (SNI) ON GENERAL REQUIREMENTS FOR ELECTRICAL INSTALLATIONS OF 2000 (PUIL 2000) NO. SNI-04-0225-2000 [STANDAR NASIONAL INDONESIA TENTANG PERSYARATAN UMUM INSTALASI LISTRIK 2000 (PUIL 2000) NO. SNI 04-0225-2000].
Employers must obtain building permits form the Ministry of Public Works. Every building must meet the administrative and technical requirements in accordance with the function and safety of the building.
LEGAL REFERENCE:
LAW OF THE REPUBLIC OF INDONESIA NO. 28 OF 2002 CONCERNING BUILDINGS [UU_No_28_2002 TENTANG BANGUNAN GEDUNG ]
GOVERNMENT REGULATION NO. 36 OF 2005 CONCERNING BUILDINGS [PP No 36 Th 2005_TENTANG BANGUNAN DAN GEDUNG]
REGULATION OF MINISTER OF PUBLIC WORKS NO 16/PRT/M/2010 CONCERNING TECHNICAL GUIDELINES OF PERIODIC INSPECTION OF BUILDINGS.[Peraturan Menteri PU No. 16_2010_PEMERIKSAAN BANGUNAN RUTIN]