A government regulation on work safety was recently issued, as the implementation regulation for Article 87 (2) of the prevailing Indonesian Labor Law. The regulation is Government Regulation No. 50 of 2012 (“Regulation”) regarding Application of Management System for Work Safety and Health (Sistim Manajemen Keselamatan dan Kesehatan Kerja or “SMK3”).
The Regulation requires companies with 100 employees or more and companies which activities pose potential danger for their employees and for the environment, to have a SMK3. Details and guidelines for the SMK3 are provided in the Regulation’s 3 annexes, which form integral parts of the Regulation.
The SMK3 comprises:
- stipulation of the work safety and health policies;
- implementation of the plan;
- monitoring and evaluation of the implementation;
- review and improvement;
all of which are the responsibility of the companies/employers. The work safety and health policies must be disseminated to all of the employees and workers as well as related persons and parties. These companies are also obliged to carry out an audit of their SMK3 and submit a report of the audit to the Minister and to the governor and regent or mayor. The minister will appoint an independent audit institution to assess the companies’ SMK3.
Companies which already have a SMK3 at the time of the enactment of this government regulation must adjust to this Regulation within no more than 1 (one) year.