Indonesia
REGULATION OF THE MINISTER
OF MANPOWER AND TRANSMIGRATION
No. Per-02/Men/1980
on MEDICAL EXAMINATION OF WORKERS IN PROVIDING SAFETY
THE MINISTER OF MANPOWER AND TRANSMIGRATION
Considering : a. that the highest standard of safety may be
reached if among others the health of the workers is in the best
state;
b. that to safeguard the physical and health
condition of the workers as good as possible it is deemed
necessary to provide proper medical examination.
In view of : 1. Act No. 1 of 1970;
2. Presidential Decision No. 44 and No. 45
of 1974;
3. Presidential Decision No. 47 of 1979;
4. Ministerial Decision No. Kepts
79/Men/1977;
5. Ministerial Regulation No.
Per-01/Men/1976,
6. Ministerial Decision No. 71/Men/1978.
RESOLVES:
To determine : Regulation of the Minister of
Manpower and
Transmigration on Medical Examination of Workers in Providing
Safety.
Article 1
What is meant by:
(1). Pre-medical examination prior to employment is medical
examination performed by a doctor before a worker is engaged to
perform work.
(b). Periodical medical examination is medical examination of
workers performed by a physician at specific periods.
(c). Special medical examination is medical examination performed
by a doctor specifically on particular workers.
(c). Doctor is a physician appointed by an employer who has
fulfilled the conditions in accordance with Regulation of the
Minister of Manpower, Transmigration and Cooperatives No.
Per.01/Men/1976 and other conditions approved by the Director
General for the Development of Labour Relations and the
Protection of Manpower.
(e). Director is official as referred to in Decision of the
Minister of Manpower, Transmigration and Cooperatives
No. Kepts. 79/Men/1977.
Article 2
(1). Pre-medical examination is meant in order that a worker who
is engaged shall be in the best possible condition, is not
suffering from a contagious disease which may affect another
worker, and is suitable for the work he should perform so that
the safety and health of the worker concerned and other workers
may also be ensured.
(2). Any undertaking as referred to in article 2 (2) of Act No.
1 of 1970 shall provide pre-medical examination to workers.
(3) Pre-medical examination covers complete physical examination,
physical fitness, X-rays of the lungs (if possible), laboratory
routine and other examinations considered necessary.
(4) For specific works it is considered necessary to perform
examination in accordance with the need in order to prevent the
hazards which may arise.
(5). Any employer, manager or doctor shall be obliged to make a
manual on medical examination prior to employment which secures
the placement of workers in accordance with their health and the
work which shall be performed and such must first have the
approval of the Director.
(6). The manual on pre-medical examination shall be developed and
improved in accordance with the capability of the undertaking and
development of medical science in safety.
(7) If 3 (three) months previously medical examination has been
performed by a doctor as referred to in article I-(d) no doubt
has arisen concerning the health of a worker, pre-medical
examination is not necessary.
Article 3
(1). Any undertaking as meant article 2 (2) above shall provide
periodical medical examination to workers at least once a year
except otherwise determined by the Director General for the
Development of Labour Relations and Protection of Manpower.
(2). Periodical medical examination is meant to maintain the
health condition of the worker after having performed work and
to make evaluations on the possible influences of work as early
as possible which are necessary to be controlled by taking
Preventive measures.
(3). Periodical medical examination covers complete physical
examination, physical fitness, x-rays of the lungs( if possible,)
laboratory routine and other examinations considered necessary.
(4). Any employer, manager or doctor shall be obliged to make a
manual on periodical medical examination conform with the needs
in accordance with the existing kinds of work.
(5). The manual on periodical medical examination shall be
developed in accordance with the capability of the undertaking
and development of medical science in safety.
(6). ln case of disorders or indispositions found on workers
during the periodical examinations the manager shall be obliged
to take further measures to eliminate such disorders and its
cause in order to secure safety and health.
(7). in order that the periodical medical examination shall cover
a wide rang health services in addition to that of the
undertaking may be provided by the manager according to the
needs.
(8) In enforcing the obligation of periodical medical examination
the Director General for the Development of Labour Relations and
Protection of Manpower may appoint one or several Boards as
organizers who shall give support to undertakings who are
incapable so provide periodical medical examination themselves.
Article 4
If a Board as referred to in article 3 (8) in carrying out the
periodical medical examinations has discovered occupational
diseases such Board shall report this to the Director General for
the Development of Labour Relations and Protection of Manpower
through the Regional Office of the Directorate General as meant
above.
Article 5
(1). Special medical examination is meant to make evaluations
concerning the existing influences of particular kinds of works
on particular workers or group of workers.
(2). Special medical examination shall be provided to workers;
a. who have met with an accident or suffering from a diseases
requiring medical care for more than 2 (two) weeks.
b. who are over the age of 40 (forty) years or female workers,
disabled workers and young workers performing specific works.
c. where there is reasonable doubt regarding their health.
(3). Special medical examination shall also be performed if
complaints are submitted by workers or if observed by the Safety
Inspector or according to the estimation of the Central Office
for the Development of Industrial Hygiene and Occupational Safety
and Health and Regional Offices or according to the public
opinion.
(4) In respect of deviations and disorders caused by the
performance of work which are found during the special medical
examination, the provisions of the Employee's Social Insurance
Schema shall apply to such conform with the legislative
regulations in force.
Article 6
(1) Undertakings which are obliged to provide medical examination
as referred to in article 2, 3 and 5 shall make a program on
pre-medical examination, periodical and special medical
examination.
(2). The manager shall be obliged to make a report and submit
such at the latest 2 (two) months after the medical examination
has been performed to the Director General for he Development of
Labour Relations and Protection of Manpower through the local
regional Office of the Directorate General for the Development
of Labour Relations and Protection of Manpower.
(3). The manager shall be responsible for the observance of this
Regulation.
(4). The role function of paramedics in medical examination shall
be further determined by the doctor as referred to in article
1(d).
Article 7
(1) The Safety Inspector as referred to in Act No. 1 of 1970
shall perform supervision on the observance of this Regulation.
(2) In order to make evaluation concerning the influences of work
on workers the Central Office of the Development of Industrial
Hygiene and Occupational Safety and Health and its Regional
Offices shall provide services and perform tests in undertakings.
(3) The application forms for doctors performing medical
examination, reports and other forms required for the
implementation of this regulation shall be prescribed by the
Director.
Article 8
(1). In case of difference of opinion on outcome of periodical
and special medical examination such shall be settled by the
Regional Advisory Council of Health.
(2). If one of the parties does not agree with the decision taken
by the Regional Advisory Council of Health within a period of 14
days after the date of decision the party concerned may submit
its case to the Central Advisory Council of Health.
(3) The establishment, composition of members, duty and authority
of the Central and Regional Advisory Council of Health shall be
determined by the Director General for the Development of Labour
Relations and Protection of Manpower.
Article 9
The manager shall be responsible for the expenditures required
for the periodical or special medical examination provided by
order of the Regional as well as the Central Advisory Council of
Health.
Article 10
Any manager failing to comply with the provisions of this
Regulation shall be punishable in accordance with article 15 (2)
and article 30 of Act No. 1 of 1970 on Safety.
Article 11
This Regulation shall come into force on the day of its
determination.
Determined in Jakarta
on 13 March 1980
The Minister of Manpower
and Transmigration.
HARUN ZAIN
The International Labour Organization is a United Nations specialized agency.