Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Indonesia

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) (Ratification: 1969)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2015)

In order to provide a comprehensive view of the issues relating to the application of the Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 120 (hygiene – commerce and offices) and 187 (promotional framework for OSH) together.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s first report.

Article 2(3) of the Convention. Consideration of ratification of relevant occupational safety and health Conventions of the ILO. The Committee notes the Government’s indication in its report that a tripartite National OSH Council has been established and conducts regular meetings to discuss general OSH issues, including discussions on the compliance of national OSH regulations with ILO standards on OSH. The Committee requests the Government to provide information on the frequency of the meetings of the National OSH Council, and on the manner in which the Council gives consideration in those meetings to measures that could be taken to ratify relevant OSH Conventions.

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication that Law No. 1 of 1970 on Occupational Safety forms the basis for the national OSH policy, of which the Minister of Manpower is responsible. It notes that the provisions of Law No. 1 of 1970 contain principles related to various aspects concerning OSH, including the prevention of work-related accidents and illnesses, the provision of information to workers, and training. The Committee also notes that sections two and five of Government Regulation No. 50 of 2012 on the Implementation of Occupational Safety and Health Management System stipulates that the implementation of an OSH management system at the level of the enterprise (in workplaces with more than 100 workers and high-risk workplaces) aim to increase the effective protection of OSH in a well planned, measurable, structured and integrated way; prevent and reduce occupational accidents and diseases by involving the management, workers, and/or the workers’ union; and to create a safe, comfortable and efficient place of work to increase productivity. The Committee further notes the information provided by the Government regarding the various measures to improve the national OSH situation undertaken at the national, regional/provincial, and enterprise level. The Government indicates that its national policy is directed towards “Indonesian Self-reliance to OSH Culture by 2020”. It also indicates that OSH regulations are formulated in consultation with employers’ and workers’ organizations, and were adapted to national conditions. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote and advance, at all relevant levels, the rights of workers to a safe and healthy working environment, in accordance with Article 3(2) of the Convention. The Committee also requests the Government to provide information on the manner in which the national policy is periodically reviewed. The Committee further requests the Government to indicate the national conditions and practices that have been taken into consideration and to provide further information on the outcome of the consultations with employers’ and workers’ organizations in formulating its national OSH policy, in accordance with Article 3(3).

Article 4(1). Establishment, maintenance, progressive development, and periodical review of a national system for OSH. The Committee notes the Government’s statement that the existing national OSH system is developed and evaluated on an ongoing basis by involving representatives of employers, workers, academics, practitioners, professional associations, and other relevant parties, and that the result is a review of OSH regulations. The Committee requests the Government to provide further information on the manner in which representatives of employers and workers are involved in the progressive development and periodic review of the national OSH system, as well as the role of academics, practitioners, professional associations, and other relevant parties in this respect.

Article 4(2)(d). Arrangements to promote cooperation between management, workers and their representatives at the level of the undertaking. The Committee notes that, as specified under Annex I(C)(2) of Government Regulation No. 50 of 2012 on the Implementation of the Occupational Safety and Health Management System, enterprises falling within the scope of the regulation must establish an OSH committee responsible for OSH issues and composed of representatives from workers and employers, including an OSH expert. The Committee observes that the annual report in 2017 of Better Work Indonesia (BWI), which has been conducting assessments of working conditions in Indonesia’s export-oriented garment factories since 2011, notes a 91 per cent non-compliance rate regarding OSH management systems for factories participating in the BWI programme, with 44 per cent of those factories not having a functioning OSH committee. The Committee requests the Government to provide information on the measures taken or envisaged to promote cooperation between management, workers and their representatives on OSH issues in enterprises, including those workplaces not covered by Government Regulation No. 50 of 2012 on the Implementation of Occupational Safety and Health Management System.

Article 4(3)(b) and (d). Information and advisory services on OSH. Occupational health services in accordance with national law and practice. The Committee notes that section 9(4) of the Government Regulation No. 50 of 2012 on the Implementation of Occupational Safety and Health Management System requires that employers develop an enterprise OSH plan and that they involve OSH experts in its drafting. The Committee also notes the Government’s reference in its report to the Association of OSH Experts in Construction and the Association of OSH Experts. The Committee further notes the reference by the Government to measures taken to increase the numbers and quality of general occupational safety experts, occupational safety specialists, and doctors and medical examiners at the enterprise level. The Committee requests the Government to provide information on the measures taken to ensure the provision of information and advisory services on OSH, including the role of the Association of OSH Experts in Construction and the Association of OSH Experts in this respect. The Committee also requests the Government to provide further information on the measures taken or envisaged with respect to occupational health services.

Article 4(3)(c). Provision of OSH training. The Committee notes the Government’s indication that the Ministry of Health has provided training for the diagnosis of occupational illnesses. It further notes the Government’s reference to the Indonesian Association of OSH Training Institutes. The Committee observes that the provision of OSH training activities at the enterprise level may be covered under section 9 of Law No. 1 of 1970, which concerns duties of managers towards new workers, and under Annex II(A)(12) of Government Regulation No. 50 of 2012 on the Implementation of Occupational Safety and Health Management System, which provides auditing guidelines for auditors that include criteria for the assessment of OSH training requirements. The Committee requests the Government to continue to provide information on the manner in which OSH training is provided at national, regional, and enterprise level, including through institutions such as the Association of OSH Training Institutes.

Article 4(3)(e). Research on OSH. Taking note of the Government’s indication that it has undertaken research and assessment on OSH at the national level, the Committee requests the Government to provide information on the kind of research undertaken.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases. Application in practice. The Committee notes the observation made by the Directorate General of Labour Inspection and OSH Development, in its report entitled “Strategy for Strengthening Labour Inspection in Indonesia” and published in 2018 in collaboration with the ILO Country Office in Jakarta, that data of occupational accidents and diseases was limited to workers enrolled in the Indonesian national health insurance, National Social Security Administering Body (BPJS), amounting to approximately 20 per cent of workers in Indonesia. The Committee further notes that, according to that report, the number of recorded cases of occupational accidents and illnesses in Indonesia increased from 101,367 cases in 2016, to 123,041 cases in 2017. The Committee encourages the Government to pursue its ongoing efforts in improving its mechanisms for the collection and analysis of data on occupational injuries and diseases, and to continue to provide information on the measures taken in this respect. Noting the significant increase in the number of recorded cases of occupational accidents and illnesses, the Committee requests the Government to provide information on the reasons for this increase. It further requests the Government to continue to provide information on the application of the Convention in practice, including information on the number of recorded occupational accidents and cases of occupational diseases.

Article 4(3)(g). Collaboration with the relevant insurance or social security schemes covering occupational injuries and diseases. The Committee notes the indication in the report of the Directorate General of Labour Inspection and OSH Development, entitled “Strategy for Strengthening Labour Inspection in Indonesia”, that the BPJS Employment has established an integrated monitoring system involving BPJS Employment, BPJS Health, and labour inspectors. The Committee requests the Government to provide further information regarding measures taken or envisaged regarding collaboration between the authorities responsible for OSH and the national social security system.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes the Government’s reference to a number of OSH programmes in SMEs, including Work Improvement in Small Enterprises (WISE), Work Improvement in Neighbourhood Development (WIND), Work Improvement in Small Construction Sites (WISCON) with Participation Action-Oriented Training (PAOT) method. The Committee requests the Government to continue to provide information on the impact of these programmes in improving OSH conditions in SMEs.

Article 5. Formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH including objectives, targets and indicators of progress. The Committee notes the National OSH Council’s paper on the establishment of a Vision, Mission, Policy, Strategy and Programme of National Occupational Safety and Health (OSH) from 2007 to 2010, which was facilitated by the ILO. It also notes the Government’s reference to the Ministry of Manpower and Transmigration Decree No. 386 of 2014, which provides for the establishment of a national OSH month from 2015 to 2019 and sets out goals to improve OSH issues in the country, and the implementation of specific activities in this respect. The Committee recalls the importance of ensuring the implementation of national OSH programmes, their monitoring and subsequent review in consultation with the social partners, and of evaluating their results and using a methodology based on clear targets and indicators of progress (see the 2017 General Survey on certain occupational safety and health instruments, paragraphs 147–153). The Committee requests the Government to provide information on its most recent national OSH programme and the measures taken in this regard, including on the organizations of employers and workers that have been consulted, and the outcome of those consultations. It also requests the Government to provide information on the manner in which the elements outlined in Article 5(2)(a)–(e) are reflected in its national programme.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Application of the Convention in practice. The Committee notes the Government’s indication in its report that the Occupational Safety and Health Management System has already been integrated into companies’ management system in accordance with Government Regulation No. 50 of 2012 on the Implementation of Occupational Safety and Health Management System (which requires the establishment of an OSH management system in enterprises with more than 100 workers) and the Minister of Manpower Regulation No. 26 of 2014 on the Assessment of the Implementation of Occupational Safety and Health Management System. With reference to its previous comments on the experiences gained from the implementation of the OSH management system, however, the level of detail provided by the Government does not enable the Committee to make a full appreciation of the effect of OSH management systems on the application of this Convention in practice in offices and commerce. The Committee requests the Government to continue to provide information on the manner in which this Convention is applied in practice, including the experiences gained from the implementation of OSH management systems in trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work.