By Gracia Elrica
Overview of Indonesia’s National OSH Program 2024-2029: Strengthening OSH Regulatory Framework
22 May 2024
The Ministry of Manpower has launched the National Occupational Safety and Health (OSH) Program for 2024-2029 on April 2024 (“OSH Program 2024-2029”). This initiative marked the second OSH program launched by the Ministry of Manpower on a national scale, following the first OSH national program launched in 2019 for the period 2019-2024. Alongside the launch of the OSH Program 2024-2029, the Minister of Manpower issued Circular Letter No. M/3/HK.04/IV/2024 on April 24, 2024, directing all governors in Indonesia to ensure the implementation of their respective provincial OSH program in alignment with the OSH Program 2024-2029.
The OSH Program 2024-2029 aims to significantly reduce the rate of occupational accidents by at least 10% from 298,137 (2022) cases every year. Ironically, according to the Ministry of Manpower, there were 370,747 reported occupational accidents in 2023, marking a notable increase from that of 2022 and underscoring the urgency of the program’s target.
This comprehensive program outlines strategic initiatives to transform Indonesia’s OSH system, ensuring a safer and healthier environment for all workers. It focuses on addressing existing challenges and fostering a culture of safety and health in workplaces. The government has identified several challenges and proposed strategies to tackle them, aiming to reduce occupational accident rates over the next five years.
One of the challenges is none other than the outdated Law No. 1 of 1970 on Occupational Safety (“OSH Law”). This is expected, as the OSH Law was issued 54 years ago and remains unchanged ever since despite the significant changes in employment and OSH dynamics. Although it has not been changed, the OSH Law is supplemented by various implementing regulations, standards, and guidelines covering aspects of occupational safety and health and work environment.
In addition to the OSH Law, occupational safety and health provisions are also included in Law No. 13 of 2003 on Manpower (“Manpower Law”). The Manpower Law expressly states workers’ rights to occupational safety and health protection from their employer and employers’ obligation to implement an occupational safety and health management system (Sistem Manajemen Keselamatan dan Kesehatan Kerja – SMK3). The implementation of OSH in Indonesia is also supported by other laws including, among others, Law No. 17 of 2023 on Health, Law No. 22 of 2001 on Oil and Gas, and Law No. 2 of 2017 on Construction Services. The implementing regulations, guidelines, and standards for OSH are continuously developed, evaluated, revised, and simplified over the years through coordination, synergy, and collaboration with related ministries/government agencies.
Globalization and digitalization are reshaping the landscape of occupational safety and health in Indonesia, driven by rapid technological advancements impacting almost every aspect of the work environment. For instance, the widespread use of automation, artificial intelligence, and robotics in workplaces can enhance safety by reducing human involvement in hazardous tasks, however, these technologies also introduce new risks related to machinery malfunctions. Not to mention the rise of remote work which became more common during the COVID-19 pandemic, requires new OSH strategies to address risks associated with home office settings such as mental health concerns and the blurring of work-life boundaries.
The government recognizes the need for substantial adjustments and updates to the existing OSH regulatory framework, which currently relies on the outdated OSH Law. A comprehensive revision to OSH Law is essential to address modern workplace dynamics. Revision to OSH Law aims to modernize the regulations to align with current and future workplace changes. This includes updating rules about materials, equipment, installations, production methods, and human-system interactions, as well as incorporating OSH science and practices that are not yet specifically covered in OSH Law and its derivative regulations.
The government aims to develop and integrate regulations, policies, and procedures to ensure safer and healthier working environments for workers, making it a core part of organizational operations. As part of the program, the government will prioritize the amendment to OSH Law, followed by the identification of the need to issue derivative regulations from the updated/amended OSH Law, and the issuance of a presidential regulation on the promotion of a national OSH culture for all industrial sectors, including new types of work emerging in the millennium era.
According to the government’s timeline outlined in the OSH Program 2024-2029, the revision to OSH Law is scheduled to begin in the second year of the program with plans for it to be enacted the following year.
The full content of OSH Program 2024-2029 can be downloaded here.
Stay tuned for more updates from us!
By: Harri Hazwar and Gracia Elrica
DISCLAIMER:
This material is prepared for general information purposes only. It is not intended to give legal or any other professional advice, opinion or recommendation and, accordingly, it should not be relied upon. Specific legal advice should be sought before taking any action based on the contents in this material. Please contact us if you need any assistance regarding this matter.
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