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1/1970
REGARDING
OCCUPATIONAL SAFETY
(State Gazette No. 1/1970)
WITH THE BLESSING OF GOD ALMIGHTY
Considering:
In view of:
a.
b.
c.
d.
e.
1.
2.
of
the
Gotong
Royong
House
Resolves:
1.
To repeal:
2.
To enact:
of
CHAPTER I
TERMINOLOGY
Article 1
In this Act:
(1)
(2)
(3)
(4)
(5)
(6)
Any person or company conducting his or its own business and using a
workplace to that end.
Any person or company, who or which independently conducts a
business owned by another and to that end uses a workplace.
Any person or company in Indonesia, who or which represents a person
or company as meant in a. and b. above, if the employer resides outside
Indonesia.
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)
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
(3)
CHAPTER III
SAFETY CONDITIONS
Article 3
(1)
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
(2)
Article 4
(1)
(2)
(3)
The provisions in (1) and (2) above may be modified by legislative regulation to
conform to and meet the above conditions which shall be prescribed by
legislative regulations.
CHAPTER IV
SUPERVISION
Article 5
(1)
The Director shall carry out the general implementation of this Act while the duty
of Safety Inspectors and Safety experts shall be to directly supervise the
observance of this Act and assist 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 said appeal
committee, etc., shall be prescribed by the Minister of Manpower.
(3)
Article 7
The employer shall pay a fee, to be fixed by legislative regulation, for the
supervisory service provided for under this Act.
Article 8
(1)
(2)
(3)
CHAPTER V
GUIDANCE
Article 9
(1)
(2)
A manager may only employ a person after being satisfied that s/he has
understood the conditions referred to above.
(3)
A manager shall provide his workers with training in accident prevention and fire
fighting, promotion of safety and health, and administration of first aid
(4)
A manager shall fulfill and obey all the conditions and provisions in force
regarding his business and workplace.
CHAPTER VI
SAFETY AND HEALTH COMMITTEES
Article 10
(1)
The Minister of manpower shall have authority to set up Safety and Health
Committees to develop co-operation, mutual understanding and effective
participation, on the part of the employer or manager and workers in
workplaces, while discharging 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, etc., shall be
prescribed by the Minister of Manpower.
CHAPTER VII
ACCIDENTS
Article 11
(1)
(2)
CHAPTER VIII
OBLIGATIONS AND RIGHTS OF WORKERS
Article 12
Legislative regulations shall lay down the obligations and rights of workers to:
a.
b.
c.
d.
e.
CHAPTER IX
OBLIGATIONS WHEN ENTERING A WORKPLACE
Article 13
Any person entering a workplace shall obey all the safety instructions and use
personal protective equipment obligatory by law.
CHAPTER X
OBLIGATIONS OF THE MANAGER
Article 14
A manager shall:
a.
b.
c.
Post notices in writing, in places where such notices are easily visible and
legible, according to the directions of the Safety Inspector or Safety Expert,
concerning all the obligatory requirements of Safety and Health in the workplace
under his management; also a copy of this Act and all the regulations giving
effect to its conditions.
Exhibit at the workplace for which he is responsible obligatory safety posters
and other guidance information in places easily visible or legible according to
the directions of the Safety Inspector and Safety Expert.
Provide free of charge to workers under his control, and any other persons
entering the workplace, all the required personal protective equipment, as well
as the necessary instructions for using it, according to the directions of the
Safety Inspector or Safety Expert.
CHAPTER X1
CONCLUDING PROVISIONS
Article 15
(1)
(2)
The legislative regulations as meant in (1) above may prescribe penalties for the
contravention of its provisions by imprisonment of up to three months or a fine
of up to Rp. 100,000,- (one hundred thousand Rupiah)
(3)
Article 16
An employer making use of a workplace at the time of this Acts coming into
force shall, within one year therefrom, comply with the provisions according to or by
virtue of this Act.
Article 17
Until such time as the legislative regulations for the Administration of the
provisions in this Act are promulgated, the safety regulations in force at the time of this
Acts coming into force shall remain in force provided that they are not in conflict with
this Act.
Article 18
This act shall be referred to as The Safety Act and shall come into force on the
day of its promulgation.
In order that everyone may be made aware of it, the promulgation of this Act is
herewith ordered in the State Gazette of the Republic of Indonesia.
SOEHARTO
(General TNI)
Promulgated in: Jakarta
On: 12 January 1970
State Secretary of
The Republic of Indonesia,
ALAMSYAH
(Major General TNI)
ELUCIDATION OF
ACT NO. 1/1970
CONCERNING
SAFETY
(Supplementary State Gazette No. 2918)
General Elucidation
The present Dutch Act of Safety which has been in force since 1910 (State
Gazette No. 406) and meanwhile has undergone piecemeal amendment on minor
matters, appears to be out of date in many respect and requires to be amended in
keeping with changes made to other regulations on manpower protection in relation to
the technical progress, higher technology and industrialization now taking place in our
country and for the future.
New and quite complicated machines, tools, apparatus, etc, are now in general
use; new technical materials are being manufactured and used in great quantities,
while mechanization and electrification are being increased everywhere.
With the development of industrialization, mechanization, electrification and
modernization, in many instances operational work intensity and work tempo have
increased. These changes demand more energy from workers.
This results in fatigue, lack of attention, vertigo, etc, and causes accidents to
workers.
Poisonous materials, complicated machines, tools, apparatus, etc, bad workmethods, lack of skill, work training and knowledge of the source of new hazards, are
always conductive to danger and occupational disease.
It is clear that it is necessary to have an up to date and accurate knowledge of
employment safety and occupational health.
Furthermore, with an up-to-date matching regulation, reasonable and
practicable safety can be achieved which constitutes a very important factor in
providing a sense of security, work promoting activity and energy in relation to the
manpower concerned which should improve work quality, intensity and productivity.
Supervision under the Dutch laws of Safety had a repressive quality.
In this Act a fundamental change is achieved by stressing its preventive
character.
In practice and from experience it is felt necessary to have a good regulation
prior to the establishment of undertakings, factories and workshops since it
would be very difficult later to re-build or alter what has already been
constructed and introduced, so that it complies with relative safety requirements.
Compared with the previous one, this new regulation has introduced many
important changes either in regard to content or system. These changes relate to:
1.
2.
3.
4.
5.
6.
7.
Extension in scope.
Change of repressive supervision to become preventive in character.
Clarification of technical terminology.
Adaptation of administration to the needs of supervisory activities.
Supplementary provisions for the development of work safety for management
and workers.
Supplementary provisions for he establishment of Safety and Health
Committees.
Supplementary provisions for the collection of statutory fees.
Article 1
Paragraph (1)
Within this concept the scope of this Act is clearly determined by three
considerations:
1.
2.
3.
Workers do not always have to carry out their daily tasks in a workplace but at
specific times have often to enter places to control, adjust, or operate installations and
then leave to work in another place.
Such installation could be a source of danger and thus should conform with the
safety requirements applicable so that those who enter for the purpose of work or
otherwise, albeit for a short period, should have their safety guaranteed.
These installations include, for example, the housing for transformers, water
pump installations which having been put into operation will run automatically, radio
installation, high tension electricity system, etcetera. A source of danger can sometimes
affect a wide area.
Under the provisions of this paragraph such an area is realistically covered and
necessary safety measures can be taken.
These provisions simultaneously guarantee public safety. For example, in an
undertaking where dangerous chemical materials are processed and used, a lot of
water is disposed of which contain dangerous substances.
If such water is drained into a river without being treated, that river water
becomes dangerous and might affect the health of man, cattle, fish and the growth of
vegetation.
For this reason such water would be kept separate or be treated first in order
that its chemical substances are extracted or neutralized so as to eliminate danger and
render it suitable for drainage into a river.
In the implementation of this act the meaning given to the expression manpower
is found in the Act regarding the Basic Provision of Manpower, thereof it is deemed
unnecessary to repeat the definition in this Act.
Undertaking as meant in this Act should not be considered as always being
concerned with economic or profit motives, but include those places concerned with
social services such as workshops in technical schools, recreational activities and
hospitals, making use of electrical installations or dangerous machines.
Paragraph (2)
Sufficiently clear
Paragraph (3)
Sufficiently clear
Paragraph (4)
Sufficiently clear
Paragraph (5)
Sufficiently clear
Paragraph (6)
Supervision is needed for the enforcement of the Act and accordingly safety
inspectors and staff are required who in terms of quantity and quality will meet this
need.
Not only skill and theoretical knowledge in various specialized fields required,
but they must also have considerable experience in their respective fields.
Such persons are not available and are difficult to acquire through the efforts of
the Department of Manpower alone.
For this reason, the provisions under this paragraph the Manpower Minister
appoint personnel in government or private concerns as safety experts in order to
acquire the necessary operational personnel.
Thus the Minister of Manpower is enable to decentralize supervision of the
broad implementation of this Act, while the national policy remains his responsibility
and remains under his control, so that uniform and appropriate implementation is
secured for the whole of Indonesia.
Article 2
Paragraph (1)
The matters provided for in this Act keep pace with social, technological
developments and can always be brought into conformity with developments related to
industrialization in our country within the framework of national development.
Furthermore, implementing regulations are to be issued, classified according to
the technical sectoral industrial matters with which they are concerned.
Following promulgation of this Act, safety regulations concerning electricity,
steam and radiation, etcetera, are to be laid down and also sectoral safety regulations
applicable on land, at sea or in the air.
Paragraph (2)
In this paragraph the sources of danger presently know relate to:
1.
2.
3.
4.
5.
Article 3
Paragraph (1)
This paragraph defines the objectives and the manner of achieving them to be
accomplished by the safety provisions to be laid down.
Paragraph (2)
Sufficiently clear.
Article 4
Paragraph (1)
Safety conditions concerning planning and production should, in the first
instance, be provided for undertakings making or producing goods in order to ensure
that the transportation and future handling of these goods will not prove dangerous to
the workers concerned or the public.
Article 5
Sufficiently clear
Article 6
The Appeal Committee is a technical committee whose members consists of
experts in their respective fields.
Article 7
Sufficiently clear
Article 8
Sufficiently clear
Article 9
Sufficiently clear
Article 10
Paragraph (1)
Safety and Health Committees have the tasks of considering and advising and
possibly assisting in the implementation of efforts to prevent accidents in the
undertakings concerned and also providing effective guidance and information for the
workers concerned.
Paragraph (2)
The Safety and Health Committee is a Body consisting of workers, employers
and government representatives (tripartite).
Article 11
Sufficiently clear
Article 12
Sufficiently clear
Article 13
Any person means anyone whether connected or not with the work performed in
the workplace.
Article 14
Sufficiently clear
Article 15
Sufficiently clear
Article 16
Sufficiently clear
Article 17
The Safety Regulations prescribed under the Safety Act 1910 are considered to
have been prescribed in this Act, provided that they are not in conflict therewith.
Article 18
Sufficiently clear