The Implementation of Occupational Safety And Health Management System in Public Works Construction in Indonesia

The development of Infrastucture is one of the main focuses of the current Indonesian government. The government has planned, conducted and even completed various infrastructure projects in different scales and variations, ranging from small scale projects such as the construction of suspension bridges, to large scale developments such as the construction of toll roads that connect the regions in Indonesia, railway lines, airports, industrial zones, power plants, power dams and other mega projects. However, there is one element that must be present in every project, namely the necessity to apply the principles and management of occupational safety and health. For more updates visit this site xarelto-reviews.com/

Occupational safety and health become an essential part of the construction sector considering the high level of risk in work related accidents. This can be concluded from the high number of accidents that overshadowed the massive construction initiated by the government. In the beginning of 2018 alone, a high number of work accidents at national strategic projects had been recorded, including the accidents at the LRT project in East Jakarta and the Bekasi to Cawang, Kampung Melayu toll road construction project. These fatal accidents resulted in death and serious personal injury to workers.The unstatisfactory implementation of occupational safety and health management was allegedly the case of the accident.

In principle, every worker has the right of protection for Occupational Safety and Health (K3). K3 includes all activities that protect the safety and health of workers through the prevention of work accidents and occupational diseases. The right of every worker to K3 protection is guaranteed in Law Number 13 of 2003 concerning Manpower (Manpower Law)1. The implementation of K3 is also regulated in Law No. 1 of 1970 concerning Work Safety (Occupational Safety Law) which contains technical guidelines regarding the application of K3 to achieve security in the workplace. In order to guarantee the rights of workers for K3 protection, the Manpower Law requires the implementation of an occupational safety and health management system.2

Government Regulation No. 50 of 2012 on the Implementation of the Occupational Safety and Health Management System (PP 50/2012) defines Occupational Safety and Health Management System (SMK3) as part of the company management system in the context of controlling work related risks with the purpose to create a safe, efficient and productive workplace. In implementing SMK3, every company must set up:3

1. K3 policy;
2. K3 planning;
3. Implementation of the K3 plan;
4. K3 performance monitoring and evaluation; 5. K3 review and performance improvement.

In the field of construction, the obligation to implement K3 is stipulated in Law No. 2 of 2017 concerning Construction Services (Construction Services Law). Under the Construction Services Law, Contractors are required to meet security, safety, health and sustainability standards in the process of construction. These standards include, among others, the quality standards of materials, equipment; occupational safety and health standards; standard of procedures and the quality of the results of the implementation of construction service, etc.4

More specifically, in the field of public works construction, the Ministry of Public Works and Housing of the Republic of Indonesia has provided guidelines for the application of SMK3 for public works construction as stipulated in Minister of Public Works Regulation No. 05 / PRT / M / 2014 concerning Guidelines for the Occupational Safety and Health Management System (SMK3)
in the Construction of Public Works, which was last amended by the Minister of Public Works No. 02/PRT/M/2018 (PUPR Regulation 02/2018). This regulation provides the application of K3 in every stage of the construction of public works, starting from the pre-construction stage; the stage of selecting goods/services providers; the actual construction process stage up to the delivery of
the final project.5 Furthermore, this regulation also requires the involvement of a Construction K3 Expert or Construction K3 Officer in every work.6

PUPR Regulation 02/2018 required K3 Contract Plan (“RK3K”)7 as one of the documents that must be submitted by contractors in the tender process. The Offer RK3K will then be evaluated. If the RK3K does not meet the K3 technical evaluation criteria, the offer will be disqualified.8 Next, The RK3K will then be approved by the PPK at the Pre-construction Meeting. The approved RK3K will become the reference for implementing SMK3 in the construction process.9 Subsequently, after the work is completed, the contractor is obligated to submit a report on the implementation of SMK3, statistics on occupational accidents, occupational illnesses as well as proposed improvements for future similar projects.10

the application of K3 requires cooperation from the government, contractors, as well as the workers who are directly involved in the implementation of construction. Contractors must prepare and provide a comprehensive and accessible SMK3, including ensuring the availability of K3 equipment. The construction workers are also required to abide by the K3 guidelines at each stage of the project and use the required K3 equipment the entire time. Last but not the least, the government must carry out a routine supervision to ensure that the relevant parties have
implemented K3 in accordance with SMK3. The dedication from each party to fulfill its role is essential to ensure no more lives or lives will be sacrificed in the name of the development of this country. WNA

1. Article 86 Manpower Law; 2. Article 87 Manpower Law 3. Article 6 PP 50/2012; 4. Article 59 (3) Construction Services Law; 5. Article 4 PUPR Regulation 02/2018; 6. Article 5 (2) PUPR Regulation 02/2018; 7. RK3K is a complete document regarding the plan to implement SMK3 Construction in the Field of Public Works and is an integrated contractual document for a construction work, which is made by the Service Provider and approved by the Service User, to further serve as a suggestion for interaction between the Service Provider and the Service User in implementing the SMK3 of the Public Works Construction Sector; 8. Article 8 PUPR Regulation 02/2018; 9. Article 9 PUPR Regulation 02/2018; 10. Article 10 PUPR Regulation 02/2018