Indonesian Legal Brief

General Corporate
Issue 1928, 6/6/2012

Government Regulation on Health and Safety Procedures

overnment Regulation No. 50 of 2012 (Regulation) regulates the implementation of Health and Safety (Keselamatan and Kesehatan Kerja / K3) Management Systems. The Regulation implements Article 87 (2) of the Law No. 13 of 2003 on Labor (Labor Law), which stipulates that every enterprise must create a health and safety management system. The Regulation contains 22 articles and attached annexes (elucidation, guidelines for businesses, and guidelines for auditors) for practical implementation. It is of interest to employers given that it regulates the steps and procedures that must be taken in order to comply with health and safety requirements. The regulation applies only to enterprises, defined as businesses in the form of a legal entity or otherwise, owned by an individual, jointly, or by other legal entity(ies), be they privately or state-owned that employ and remunerate workers/laborers. K3 management systems are mandatory for enterprises either employing 100 or more people or engaged in potentially high-risk activities (Article 5 (1) in conjunction with Article 5 (2)) as defined according to the prevailing laws and regulations. Households employing domestic workers are not required to implement health and safety systems. The Regulation is divided into five categories of obligation (Article 6): a. Setting the health and safety policy b. Planning c. Implementation d. Supervision and evaluation e. Review and improvement Setting health and safety policy includes risk identification, comparison with other corporations' health and safety measures, review of causes of accidents, compensation, disruptions caused by accidents, previous safety-related evaluations, and evaluation of available resources (Article 7 (2)). The health and safety policy must be part of the corporation's overall mission and management strategy and must encompass all of the corporation's activities (Article 7 (3)).

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Indonesian Legal Brief

General Corporate
Issue 1928, 6/6/2012
The planning phase must involve health and safety experts, a health and safety coordination committee, labor representatives, and other parties involved in the corporation (Article 9 (4)). The plan must include at minimum: Specific goals Priority scale (highest risk works must be prioritized) Danger-control efforts (based on risk evaluation and implemented through technical and administrative control, as well as the use of protective gear) Resource utilization (human and other resources) Period of implementation Performance indicators (parameter-based benchmarks to measure success) Accountability system (chain of authority and procedure for communicating changes in the system) Implementation must include control measures, design and simulation, working instructions, and procedures (Article 11). Health and safety personnel must have a license or appointment letter from an authorized institution that demonstrates their competence and authority and must be organized into a health and safety unit or organization. Adequate budget; operating, informational, reporting, and documenting procedures; and working instructions must be established. Supervision of health and safety performance must be done through inspection, examination, measurement, and internal audit (Article 14). Supervision can be outsourced, but it must be done by a competent party. Review must be conducted throughout all phases to guarantee the suitability and effectiveness of the health and safety policy (Article 15). Over time, the program may be improved as a result of changes in the applicable law, market demand, company activities, or corporate structure; improvements in science and technology, including epidemiology and studies of accidents in the workplace; reporting; and input from employees. The Regulation has been in force since 12 April 2012.

Documents
Government Regulation No. 50 of 2012 (PP_NO_50_2012.pdf - 344.Kb)

Indonesian Legal Brief is a service of PT Justika Siar Publika owner and operator of www.hukumonline.com Puri Imperium Office Plaza UG 15 Kuningan, Jakarta 12319 to subscribe, call 62-21-83701827 or fax to 62-21 83701826 or email layanan@hukumonline.com

Disclaimer: All data and information contain in this service is compiled from various reliable sources. We have taken every effort to ensure the accuracy and completeness of data and information in these services; however, we are not responsible for any errors or omissions. These services are not intended and should not be taken as legal advice or opinion. No action should be taken in reliance of information contained in these services without first

seeking professional services.