Indonesia
REGULATION
OF THE MINISTER OF MANPOWER, TRANSMIGRATION
AND
COOPERATIVES OF THE REPUBLIC OF INDONESIA
NO. PER-03/MEN/1978
THE REQUIREMENTS OF APPOINTMENT, AUTHORITY AND
OBLIGATION
OF THE SAFETY INSPECTOR AND EXPERT
THE MINISTER OF MANPOWER, TRANSMIGRATION AND
COOPERATIVES
Considering :
that in respect to the authority and
obligation of the safety inspector and safety
expert as meant in
Article 5 paragraph (2) of Act No. I of 1970, it
is regarded
necessary to lay down its implementing regulation
.
In view of
: 1. Act No.3 of 1951 on Labour
Inspection
(State Gazette No. 4 of 1951);
2. Articles I paragraphs (4), (5), (6) and
5 paragraph (2) of Act No. I of 1970 on Safety
(State Gazette No.
I of 1970);
3. Presidential Decree of the Republic of
Indonesia No. 9 of 1973 on the Establishment of
the Second
Development Cabinet;
4. Presidential Decree of the Republic of
Indonesia No. 44 and 45 of 1974 jo Minister of
Manpower,
Transmigration and Cooperatives' Decision of the
Republic of
Indonesia No. Kep. 1000/MEN/1975 on Organization
and Structure
of the Department of Manpower, Transmigration and
Cooperatives;
5. Minister of Manpower, Transmigration and
Cooperatives' Decision of the Republic of
Indonesia No.
79/MEN/1977 on 30 July 1977 on Appointment of the
Director as
meant in Act. No. 1 of 1970.
RESOLVES
To determine : The
regulation of the Minister of Manpower,
Transmigration and Co-peratives on the
requirements of appoinment,
authority and obligation of the safety inspector
and experts.
Article 1
In this regulation:
(1) "Director" means the Director as it
has been determined in
the Minister of Manpower, Transmigration and Co-peratives'
Decision of the Republic of Indonesia No.
79/MEN/1977 of 30 July
1977;
(2) "Safety Inspector" means as it has
been determined in Article
1 paragraph (5) of Act No. 1 of 1970 on Safety;
(3) "Safety Expert" means an expert as
it has been determined in
Article 1 paragraph (6) of Act No. 1 of 1970 on
Safety.
Article 2
Safety Inspector and expert as meant in Article 1
paragraph (2)
and (3) of this regulation are appointed by the
Minister based
on proposal made by the Director General of
Manpower Protection
and Maintenance.
Article 3
(1) For being able to be appointed as safety
inspector, shall the
followings requirements be fulfilled:
a. Official of the
Department of Manpower, Transmigration
and Cooperatives;
b. Having special skill;
c. Having followed the
safety inspector candidate training
to be organized by the Department of Manpower,
Transmigration and
Cooperatives.
(2) For being able to be appointed as safety
expert, shall the
followings requirements be fulfilled:
a. Having special skill;
b. Having followed
special training to be organized by the
Department of manpower, Transmigration and
Co-operatives;
c. Being familiar with
provisions of labour legislation in
general and in the field of safety in particular.
Article 4
(1) Safety Inspector is entitled to:
a. enter workplace;
b. ask information
concerning safety requirements either in
writing or orally to the employer, managers and
workers;
c. give an order to the
employer, managers and workers in
order that they implement safety requirements;
d. inspect directly, in
view of the safety Act included its
implementing regulations obligatory
implementations such as the
followings:
1. condition of machine, power engine, working and
other equipments, material etc;
2. environment;
3. characteristic of job;
4. way of job;
5. production process.
e. give order to the
employer, managers to repair, change
and or replace if there is a shortage or an error
made in
implementing the safety requirements;
f. prohibit the use of
dangerous power engines, equipments,
or production process;
g. conduct investigation
on any offenses against provisions
of the Safety legislation in accordance with
Article 8 of Act No.
3 of 1951.
(2) Safety Inspector is obliged to:
a. conduct inspection in
all workplace;
b. observe and examines
all safety appliances;
c. give directions and
information on all safety
requirements to the employer, manager and workers;
d. make a report to the
Director on the result of all
obligatory activities above according to
hierarchylines of the
Department of Manpower, Transmigration and
Cooperatives;
e. keep confidential
matters of all company's secret
information which is available due to his
position;
Article 5
(1) Safety Expert is entitled to:
a. enter workplace as
determined in an appointment letter
and other work place requested by the Director;
b. ask written or oral
information from the employer,
manager and workers concerned on the safety
requirements.
c. give an order to the
employer, manager, and workers in
order that they implement the safety requirements
at respective
workplace;
d. inspect directly in
view of the Safety Act included its
implementing regulations obligatory implementation
such as the
followings:
1. conditions of machine, power engine, working
and
other equipment materials and others;
2. environment;
3. characteristic of job;
4. way of job;
5. production process;
c. instruct to the
employer, manager, workers to repair
change and or replace if there is a shortage or an
error made in
implementing safety requirements;
d. prohibit the use of
dangerous power engines, equipments
or production process.
(2) Safety Expert is obliged to:
a. conduct inspection at
workplace as determined in its
appointment letter and at other workplaces as
required by the
Director;
b. observe, examine all
safety appliances at the respective
workplace;
c. make a report to the
Director on the result of all
obligatory activities above according to the
hierarchy-lines of
the Department of Manpower, Transmigration and
Cooperatives;
d. give direction and
information to the employer, manager,
workers about all safety requirements;
e. keep the confidential
matters of the company's secret
which is available due to his position.
Article 6
(1) Safety Inspector and Experts who consciously
disclose a
secret to be entrusted to them as meant in Article
4 para-graph
(2) sub paragraph c. and Article S paragraph (2)
sub paragraph
e in this regulation shall be liable to punishment
in conformity
with Article 6 paragraph (2) of Act No. 3 of 1959
on Labour
Inspection.
(2) Safety Inspector and Experts who due to their
default create
a disclosion of secret shall be liable to
punishment in
conformity with Article 6 paragraph (2) of Act No.
3 of 1951 on
Labour Inspection.
Article 7
(1) Prior to their appointment under this
Ministerial Regulation,
the existing safety Inspector and Experts shall
carry out their
task as it is;
(2) This Ministerial regulation shall come into
force since the
date of its determination, by taking into account
of the
provisions that the former existing regulations
shall still be
in force as long as they are not contrary to this
Ministerial
Regulation.
DETERMINED IN : JAKARTA
ON
: 10 MARCH 1978
SUBROTO
MINISTER OF MANPOWER, TRANSMIGRATION AND
COOPERATIVES
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