Indonesia
SAFETY
ACT
ACT NO. 1 OF 1970 on SAFETY
(State Gazette No. 1 of 1970)
WITH THE BLESSING OF GOD ALMIGHTY
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering:
a. that every worker is entitled to protection of his
safety in
performing work for his wellbeing an increase in
national
production and productivity,
b. that the safety of every other person in the
workplace should
be ensured,
c. that every source of production should be used and
applied
safely and efficiently;
d. that in this regard it is necessary to make every
effort to
develop labour protection standards,
e. that in the development of these standards an act is
deemed
necessary which contains general provisions of safety
compatible
with social changes, industrialization, changing
techniques and
technology.
In view of:
1. Article, 5, 20 and 27 of the 1945 Constitution;
2. Articles 9 and 10 of Act No. 14 of 1969 on the Basic
Provisions respecting Manpower (State Gazette No. 55 of
1969,
Supplementary State Gazette No.2912),
With the approval of the Gotong Royong House of
Representatives;
Resolves:
1. To repeal : Safety Act of 1910 (State
Gazette No. 406).
2. To enact : Safety Act
CHAPTER I: On
Terminology
Article 1
In this Act:
(1) "Workplace" means any room or space,
closed or open, moving
or stationary, where an employee is employed or which
is often
entered by an employee on behalf of an undertaking,
where a
source of danger is present as specified in article 2.
The term workplace includes any room, space or yard and
its
surroundings which is a part of or communicates with
the
workplace.
(2) "Manager" means any person charged with
the direct management
of a workplace or independent part thereof.
(3) "Employer" means:
a. any person or corporation carrying on his or its own
business
and a workplace to that end,
b. any person or corporation, who or which
independently carries
on a business owned by another and to that end uses a
workplace;
c. any person or corporation in Indonesia, who or which
represents a person or corporation as meant in a. and
b.
above should the employer reside outside Indonesia.
(4) "Director" means the of official
appointed by the Minister
of Manpower to enforce this Act.
(5) "Safety Inspector" means a technical
officer of the
Department of Manpower with special qualifications, ap-
pointed by the Minister of Manpower.
(6) "Safety Expert" means a person with
special qualifications
from outside the Department of Manpower, appointed by
the
Minister of Manpower to supervise the observance of
this Act.
CHAPTER II: Scope
Article 2
(1) This Act regulates safety in all workplaces on and
underground, on the water surface, underwater and in
the air,
within the jurisdiction of the Republic of Indonesia.
(2) The provisions of (1) above shall apply to
workplaces where
a. machines, apparatus, tools, equipment or
installations are
manufactured, constructed, tested, used or applied,
which are
dangerous or may cause an accident, fire or explosion;
b. materials or goods which are explosive, easily
inflammable,
corrosive, poisonous, cause infection or have a high
temperature,
are manufactured, processed, used, applied, marketed,
transported
or stored;
c. assembly, repair, maintenance, clearing or
demolition of a
house or any building or other construction, included
waterworks,
channels, underground tunnels, etcetera, or preparatory
works are
being performed,
d. activities are performed in the fields of
agriculture,
plantations, forest clearance and exploitation, the
processing
of timber or other forest products, cattle raising,
fisheries and
health;
e. activities are performed in the fields of mining,
the
processing of gold, silver, other metals or ores,
precious,
semi-precious and other stones, gas, oil or other
minerals, above
ground, underground or underwater;
f. goods, animals or men are transported on land,
through
tunnels, by water, underwater and in the air;
g. the loading and unloading of cargoes in or on board
ship,
proas, quays, docks, stations or warehouses, is
performed,
h. diving, the extraction of products, and other
activities are
performed underwater,
i. activities are performed at a height above the
surface of land
or water,
j. activities are performed under high or low
atmospheric
pressure or high or low temperatures;
k. activities are performed involving danger or being
burried,
falling bodies or otherwise being struck, falling or
stopping
into a cavity or excavation, being carried along by or
tumbling
into water;
l. activities are performed in tanks, wells, cavities
or
excavations;
m. temperature variations, humidity, dust, dirt, fire,
smoke,
vapour, gas draughts, variable weather conditions, rays
or
radiance, sound or vibration, are present or in
circulation;
n. waste or garbage are deposited or being destroyed;
o. activities are performed in the field of
transmission or
receiving by radio, radar, television or telephone;
p. activities are performed in the field of education,
training,
experiment, research or making use of technical
apparatus in
connection therewith;
q. electricity is generated transformed or distributed,
or gas,
oil or water are raised, stored or piped,
r. in the performance of a film or play or provision of
other
recreation, and electrical or mechanical equipment is
used:
(3) Other spaces or yards wherein the safety or health
of persons
working, or present, in such spaces or yards could be
endangered
may be included as workplaces by legislative regulation
modifying
the provisions of (2) above.
CHAPTER III: Safety
Conditions
Article 3
(1) Safety conditions shall be prescribed by
legislative
regulation to:
a. prevent and reduce the possibility of accidents;
b. prevent and reduce the possibility of and extinguish
fires;
c. prevent and reduce the possibility of danger from
explosion;
d. provide means of escape from fire or other danger;
e. provide first-aid in case of injury,
f. ensure that workers are provided with protective
equipment;
g. prevent or control the incidence or spread of
temperature
variations, humidity, dust, dirt, smoke, vapour, gas,
draughts,
variable weather conditions, rays or radiance, sound
and
vibration;
h. prevent or control the incidence of occupational
disease,
whether, physical or psychological, poisoning,
infection or
contagion;
i. provide adequate and suitable illumination;
j. provide satisfactory temperature and humidity
levels;
k. provide satisfactory air circulation;
l. maintain cleanliness, health and good order,
m. achieve the unison of worker and work tools,
environment, work
methods and processes;
n. safeguard and facilitate the transportation of men,
animals,
plants or goods,
o. safeguard and maintain construction of all kinds;
p. safeguard and facilitate the loading, unloading,
handling and
storage of goods;
q. prevent shock by electric current;
r. adjust and develop safety measures in accordance
with the
requirements of increasing accident rates.
(2) The provisions of (1) above may be modified by
legislative
regulation to conform with future scientific and
technological
developments and new inventions.
Article 4
(1) Safety conditions in relation to the planning,
production,
transportation, circulation, marketing, installation,
use,
application, maintenance and storage of materials,
goods,
technical products and means of production, which
involve or may
cause danger of accident, shall be prescribed by
legislative
regulation.
(2) Such safety conditions shall be based upon
technical
scientific principles and arranged into a collection of
orderly,
clear and practical provisions having reference to
various
activities including those concerning construction,
processing
and manufacturing materials, protective equipment;
testing and
approbation, packaging or bagging, the furnishing of
marks, on
materials, goods, technical products and means of
production, to
ensure the safety of the goods themselves, the workers
concerned
and the public safety.
(3) The provisions of (1) and (2) above may be modified
by
legislative regulation and conform to and fulfil the
above
safety conditions who shall be prescribed by
legislative
regulation.
CHAPTER IV: Supervision
Article 5
(1) The Director shall carry out the general
implementation of
this Act while Safety Inspection and Safety Experts
have the duty
of directly supervising the observance of this Act and
assisting
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 such Appeal Committee, etcetera, shall be
prescribed by
the Minister of Manpower.
(3) The decisions of such an Appeal Committee shall be
final.
Article 7
The employer shall pay a fee, to be fixed by
legislative
regulation, for the supervisory services provided for
under
this Act.
Article 8
(1) A manager shall be responsible for arranging the
examination
of workers being engaged or transferred, regarding
their health,
mental condition and physical ability in relation to
the kind of
work to be performed.
(2) A manager shall be responsible for arranging the
periodical
physical examination of all workers for whom he is
responsible,
by a physician appointed by the employer and approved
by the
Director.
(3) Health examination standards shall be prescribed by
legislative regulation.
CHAPTER V: Guidance
Article 9
(1) A manager shall demonstrate and explain to every
worker.
a. the conditions and dangers which may occur in his
workplace;
b. all safety devices and protective equipment which it
is
obligatory to provide at the workplace,
d. the personal protective equipment provided for the
personnel
concerned;
d. the safety system and conduct in connection with
carrying out
the work.
(2) A manager may only employ a person after being
satisfied that
he has understood the conditions referred to above.
(3) A manager shall provide his workers with training
in accident
prevention and fire fighting, the promotion of safety
and health
and rendering first-aid.
(4) A manager shall fulfil and obey all the conditions
and
provisions in force for 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-peration,
mutual
understanding and effective participation, on the part
of the
employer or manager and workers in workplaces, in
fulfillment of
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,
etcetera, shall be prescribed by the Minister of
Manpower.
CHAPTER VII: Accidents
Article 11
(1) A manager shall report every accident occurring in
a
workplace for which be is responsible to the official
for this
purpose by the Minister of Manpower.
(2) The procedures regarding the reporting of accidents
and for
their investigation by the official referred to in (1)
above
shall be prescribed by legislative regulation.
CHAPTER VIII:
Obligations and rights of workers
Article 12
Legislative regulations shall lay down the obligations
and rights
of workers to .
a. provide accurate information upon request by a
Safety
Inspector or Safety Expert
b. use obligatory personal protective equipment;
c. fulfil and obey obligatory safety and health
conditions;
d. request the manager to carry out all obligatory
safety and
health conditions;
e. raise objection to work regarding which, in his
opinion,
doubts exist concerning obligatory safety, health and
personal
protective equipment requirements otherwise, within the
limits
of his responsibility.
CHAPTER IX: Obligations
when entering a workplace
Article 13
Any person entering a workplace shall obey all the
safety
instructions and use the personal protective equipment
made
obligatory under the law.
CHAPTER X: Obligations
of the manager
Article 14
A Manager shall:
a. 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
conditions of safety and health in the work place under
his
management; also a copy of this Act and all the
regulations
giving effect to its conditions,
b. exhibit, at the workplace for which he is
responsible, the
obligatory safety posters and other guidance
information in
places easily visible or legible, according to the
directions of
the Safety Inspector or Safety Expert;
c. provide free of charge to workers under his control
and any
other person entering the workplace, all the obligatory
personal
protective equipment together with the necessary
instructions for
making use thereof, according to the directions of the
Safety
Inspector or Safety Expert.
CHAPTER XI: Concluding
provisions
Article 15
(1) The administration of the provisions of the
aforesaid
articles shall be further prescribed for by legislative
regulation.
(2) The legislative regulation as meant in (1) above
may
prescribe penalties for contravention of its provisions
by
imprisonment of up to three months or by a fine of up
to Rp.
100.000,-(hundred thousand rupiahs).
(3) Such punishable acts shall be minor offences.
Article 16
An employer making use or workplaces at the time of
this Act
coming into force shall, within one year thereof,
comply with the
provisions according to or by virtue of this Act.
Article 17
Until such time that the legislative regulations for
administration of the provisions of this Act are
promulgated,
the safety regulations in force at the time of this Act
coming
into effect, shall remain in force provided that they
are not in
conflict with this Act.
Article 18
This Act shall be called "The Safety Act" and
shall come into
force of the day of its promulgation.
In order that everyone may take cognizance of this, the
promulgation of this Act is herewith ordered by
publication in
the State Gazette of the Republic of Indonesia.
Determined in Jakarta
on 12 January 1970
President of the
Republic of Indonesia
SOEHARTO
Promulgated in Jakarta
on 12 January 1970
State Secretary of the
Republic of Indonesia
ALAMSYAH
The International Labour Organization is a United Nations specialized agency.