Indonesia
Elucidation of
Safety Act (Act No. 1 of 1970)
Indonesia
ELUCIDATION OF ACT NO. 1 of 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piecemeal amendment on minor matters, appears to be out of date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, etcetera,
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 temporary have increased.
These changes demand more energy from workers.
This results irs fatigue, lack of attention, vertigo, etcetera,
and causes accidents to workers.
Poisonous materials, complicated machines, tools, apparatus,
etcetera, bad work-methods, lack of skill, work training and
knowledge of the source of new hazards, are always conducive to
danger and occupational disease.
It is clear, that it is necessary to have 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
installed, 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. Extension in scope.
2. Change of repressive supervision to become preventive in
character.
3. Clarification of technical terminology.
4. Adaption of administration to the needs of supervisory
activities.
5. Supplementary provisions for the development of work safety
for management and workers.
6. Supplementary provisions for the establishment of Safety and
Health Committees
7. Supplementary provisions for the collection of statutory fees.
Elucidation article by article
Article 1
Paragraph (1)
Within this concept the scope of this Act is clearly determined
by three considerations:
1. The place in which work is performed for an enterprise.
2. The existence of workers who work at such workplace.
3. The existence of occupational hazards in that workplace.
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 installations 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, waterpump installations which having been put into
operation will run automatically, radio installations, 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.
This provisions simultaneously guarantees public safety. For
example, in an undertaking where dangerous chemical materials are
processed and used, a lot of water is disposed of which 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 on the Basic Provision
of Manpower, therefore 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 require 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,
technical and technological developments and can always be
brought into conformity with developments relating 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. The condition of machines apparatus, work tools and other
equipment, materials, etcetera.
2 Environment.
3. Nature of work.
4. Method of work.
5. Production process.
Paragraph (3)
This paragraph provides for changes in the provisions
found
necessary as a result of future inventions and the appropriate
development of this Act.
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.
Further, for undertakings concerned with
transportation,
distribution, or marketing, installation, use, application,
maintenance, and storage of these products.
The safety conditions as meant above shall also apply
to
goods which are imported from abroad.
Paragraph (2)
In this paragraph specific provisions are laid down,
which
must be fulfilled.
Paragraph (3)
Sufficiently clear
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 16
Sufficiently clear
Article 17
The Safety Regulations prescribed under the Safety Act
of
1910 are considered to have been prescribed in this Act. provided
that they are not in conflict therewith.
Article 18
Sufficiently clear
The International Labour Organization is a United Nations specialized agency.