Occupational Health and Safety (OSH) in Indonesia

COUNTRY PAPER Occupational Health and Safety (OSH) in Indonesia Andie Mai Endrijatno 1. CURRENT STATUS Awareness of the implementation of Occupational Health and Safety (OSH)1 in Indonesia is still considered low. It can be seen from the high number of occupational accidents cases. Indonesia is one of the countries with the highest accident rates in Southeast Asia. According the data from the Ministry of Manpower and Transmigration of the Republic of Indonesia in 2007, the number of cases of work accidents reaches 83,714, in 2008 the number of cases achieves 58,600, and in 2009 reaches 54,398. From the data above, the downward trend occurred in 2008. Unfortunately, it is still huge when we seen them from the number of cases. For expenses and the number of accidents on construction services as mentioned in table 1. Table 1 JKK Payment List of Construction Services Sector in Million Rupiah (IDR) Year Recovered without Disability Disability Function Disability Partly Total Disability Death Total Case IDR Case IDR Case IDR Case IDR Case IDR Case IDR 2006 491 706.4 7 65,2 17 186,5 0 0 29 1.412,6 544 2.370,8 2007 1.053 2.122,5 11 224,5 38 524,6 2 82 61 3.323,8 1.165 6.193,5 2008 2.015 4.102,8 72 1.244,1 72 1.060,2 2 147,9 146 9.435,2 2.307 15.990,3 2009 1.786 4.369,3 59 1.081,1 77 1.489,9 3 324,9 143 10.239,4 2.068 17.504,5 2010 1.707 4.645,3 52 842,3 63 1.083,9 2 301,5 166 13.147,5 1.990 20.020,5 TOTAL 7.052 15.946,3 201 3.457,2 267 4.345,3 9 856,4 545 37.474,5 8.074 62.079,7 Source: PT. JAMSOSTEK2 (2011) 1 2 OSH (Occupational Safety and Health) in certain way can be interpret as a “K3” in Bahasa Indonesia (Kesehatan Keselamatan Kerja). JAMSOSTEK stands for Jaminan Sosial Tenaga Kerja (Social Insurance of Labour). JAMSOSTEK also called Indonesian accident insurance company 2. ISSUES & PROBLEM 2.1. OSH Practice on Work Comply with the data from the Ministry of Manpower and Transmigration of the Republic of Indonesia, only about 2.1% of 15,000 large-scale enterprises in Indonesia are applying OSH Management System. One of the reasons that make this situation, is a certain stigma that the applications of OSH are still consider as additional charges for the company. This stigma against the reality, if the work accidents happen then the company must give compensation fund to the victims with greater value. So, economically OSH is very important. Graphic 1 Type of fatal injuries on construction Percentage of Accident Fall from height 34,60% Struck down 20,60% Traffic accident 16,40% Heart attack, stroke, etc 8,70% Terkena, terjepit mesin, dsb 6,60% Electricity shock 3,80% Collision, crush, etc 2,10% Fall, slip, etc 1,70% Thunder struck, flood, etc 1,40% Fire, explosion, etc 1,40% Source: Labour Inspectore (2004) The OSH implementation problems also impact on construction sector. The number of construction workers approximately 6 million (6% of labor in Indonesia). The construction sector is one of sector that has a high risk of workplace accidents. Viewed from the level of education, more than 50% of construction workers only graduate from primary school and 1.5% even never have a formal education. Most of the employment statuses are contract, which are less gratitude by the company. It brings barrier to the implementation of OSH in the construction sector. Table 2 The number of construction workforce Year 2004 2005 2006 2007 2008 2009 Construction 4,540,102 4,417,087 4,697,354 5,252,581 5,547324 5,858,606 Labour Source: Statistics Indonesia (2009) The government has rules on the legislation in general OSH in maintenance and construction, which are: 1. 2. 3. 4. 5. 6. Constitution for the Republic of Indonesia article 27 Law ref. 01 / 1970 regarding Keselamatan Kerja (Safety Work) Law ref. 18 / 1999 regarding Jasa Konstruksi (Construction Services) Law ref. 28 / 2002 regarding Bangunan Gedung (Buildings) Law ref. 13 / 2003 regarding Ketenagakerjaan (Employment) Government Regulation ref. 29 / 2000 regarding Penyelenggaraan Jasa Konstruksi (Implementation fo Construction Services) 7. Government Regulation ref. 30 / 2000 regarding Penyelenggaraan Pembinaan Jasa Konstruksi (Implementation of Construction Services Development) 8. Government Regulation ref. 4 / 2010 regarding Usaha dan Peran Masyarakat Jasa Konstruksi (Business and the Role of Construction Services Society) 9. Joint Decree between Minister of Manpower dan Minister of Public Works ref. KEP174/MEN/1986 (104/KPTS/1986) regarding Keselamatan dan Kesehatan Kerja pada Tempat Kegiatan Konstruksi 10. Ministerial Regulation of Ministry of Public Works ref. 09/PRT/M/2008 regarding SMK3 Bidang Pekerjaan Umum From the regulation in Indonesia on the implementation of OSH, it is sufficient to provide guidance for stakeholders. But the problems are still common, as well as awareness of implementation of the standard, the lack of stringent sanctions for those who violate them is not yet completed. 2.2. Implementing HIV and AIDS Prevention in OSH Management Sytems In addition to the issues and problems in the implementation on OSH in workplace, other key issues are HIV and AIDS prevention, particularly on construction sector. Since the first AIDS case was identified in 1987 in Indonesia, the number of individuals with HIV and AIDS has slowly increased till 2000. However, it has been noted that the number of cases has been increasing rapidly since then. By the end of 2007, 270.000 Indonesians aged 1549 were estimated to have HIV, with approximately 30.000-40.000 new infections each year. Roughly, that means that 100 Indonesians are getting infected by HIV each day. If current trends continue, the number of people with HIV is projected to reach 1.900.000 by 2020. Construction sector employs with a large number of worker (as mentioned in Table 1), majority are younger worker and mostly (96%) males. Construction worker usually lead a mobile lifestyle especially in remote areas, living away from their wives and families in temporary accomodations with few recreational facilities for long streches of time. The worker are separated from traditional norms, religious, culture, and support systems that regulate behaviour in stable communities, which make them more vulnerable to enggage in unsafe sexual behaviour. May have a relative high wages and receiving cash wages without storage facilities, construction workers may be enticed to patronize commercial and casual sex. This is the vulnerability condition of construction sector to HIV and AIDS epidemic, we called 3M (Man, Mobile, and Money). Graphic 2 AIDS Cases as of 30 Sept 2011 25000 22726 19973 New AIDS Cases 20000 Cummulative 16110 15000 11140 10000 8193 5320 4969 3863 5000 2682 5 7 12 17 32 45 69 2638 28732947 2753 1171 1487 1195 607 826 89 112 154 198 258 352 255 219 345 316 0 1987198819891990199119921993199419951996199719981999200020012002200320042005200620072008 Dec- Sep09 10 Source: National AIDS Commission (2010) In the National AIDS Commission 2007-2010 HIV and AIDS Response Strategy, people who are at risk of exposure to HIV on account of their work, environment or family circumstances has been identified as vulnerable people. Included within these vulnerable subpopulations are 1) persons with high levels of mobility (civilian and military), health care staff, and refugees and 2) women teenagers, street childern, expecting mothers and those who have received blood transfusions. Thus, the people involved in construction projects are considered as vulnerable to HIV transmission due to the inherently mobile nature of construction projects especially major ones that require workers to be brought on from other areas and be away from their home and family for considerable amount of time. Recognizing this movement or displacement of people working in the construction sector and their working environment will help promote a better understanding of what strategic measures can be undertaken to be prevent HIV infection in the construction projects. From the National Strategic Framework of HIV & AIDS from the Ministry of Public Work there are some issues to be solve: a. Inadequate knowledge on HIV & AIDS and Sexually Transmitted Infections (STI) and presence of risk behaviour among construction workers. b. No HIV and AIDS awarness and prevention programs are being implemented in current construction projects funded by the Ministry of Public Works (Indonesian Government Generally). c. Existing OSH management policies and training curriculum for the construstion sector does not include HIV and AIDS awarness and prevention education. d. Lack of policy and strategies on HIV and AIDS prevention in the construction sector 2.3. Social Insurance of Labour (JAMSOSTEK) Respect to the implementation of OSH, Indonesian’s Government issued regulation for provide insurance of labour which aims to support the implemention of OSH. Based on Law No. 3 / 1992 regarding Jaminan Sosial Tenaga Kerja (Social Security of Labour), The government set up a limited liability company PT JAMSOSTEK. The law regulate warranties with regard to: (i) occupational accidents insurance / Jaminan Kesehatan Kerja [JKK], (ii) the old days insurance / Jaminan Hari Tua [JHT], (iii) death insurance / Jaminan Kematian [JK], and (iv) health care insurance / Jaminan Perawatan kesehatan [JPK]. Mandatory participation in Social Security (Jamsostek) applies for entrepreneurs who employ 10 employees or more, or pay wages monthly 1 million rupiah or more. Workers who suffered occupational injuries are entitled of benefits/insurance covering (i) transportation costs, (ii) the cost of inspection and medical care, and / or hospitalization, (iii) the cost of rehabilitation, and (iv) cash payments for disability compensation or death benefits. Work accident compensation is considered the responsibility of the entrepreneur and therefore, work accident insurance scheme are generally funded by entrepreneurs. There are three methods to determine the level of fee/contribution on occupational accident insurance: (i) the level of uniforms or uniform rate that applies to all companies regardless experience of work accidents occurred at the company in the past or industry, (ii) the level of differential or differential rates, which is calculated according to workplace accidents risks or industrial risks but does not depend on the actual experience of the individual company concerned, (iii) rank achievement or experience of OSH (merit or experience rating) whose level are fixed or adjusted individually for each company based on accident records and safety conditions at each workplace. 20 Social Security fee stipulation System is not currently applying the method, so it does not provide incentives to companies in improving performance in OSH field. 3. CHALLENGE From the various issues and problems of implementation of OSH in the construction sector mentioned above, we can convey the challenges that must be faced by the Indonesian country. First, regarding the awareness of the implementation of K3. Awareness of the implementation of OSH cannot be obtained only from formal education, but should be through submission of information and providing insight continuously (e.g: the training of OSH and OSH Management System). Two fundamental principles of the implementation of OSH are “Responsibility” and “Concern”. In terms of awareness of OSH, divided into 4 phases: 1) OSH Knowledge Phase, 2) OSH Policy and the existence of the OSH official phase, 3) OSH System phase, 4) OSH culture phase. The fourth phase is the aim of the implementation of OSH by the government with target date until 2015. Most of the understanding and application of OSH in the construction sector remained at the second phase, with a small number at the third phase. To achieve these targets the government promote “Mindset and Behaviour Change Training”. With regulations that will surely become a major requirement in the execution of construction work is how to ensure the OSH always be consistently implemented. It is a challenge that must be faced, not just the responsibility of government alone, but all parties must come to care. The second one is challenges related to HIV and AIDS prevention are how to change the risky environment on workplace to be come safety and healthy environment. The Ministry of Public Work has conclude some policy option for HIV and AIDS prevention on construction sector, such as: a. Integration of HIV education and prevention program into OSH activities in bidding and contract documents for construction projects. b. Strengthen institutional capacity for HIV prevention in the infrastructure sector c. Encouragement to change social behaviour and norms within construction sector d. Provision of access to other HIV and AIDS /STI services in the infrastructure sector e. Improvement of Institutional capacity to provide HIV and AIDS prevention in construction projects f. Encouragement of ownership and commitment of institutions and stakeholders within the construction sector In the other hand, the awarness of OSH not only subjected to personel who’s involve in construction circles. This is also applicable to person or organisation ‘under the roof’. It means people who have activities inroom also have the possibility for accidents. An easy example in our daily life such as start the meeting with value moment or safety toolbox. This habit educate the people to influence their family not only with awareness in OSH but also in HSE (Health Safety and Environment) generally. REFERENCES: 1. Ministry of Public Works (2010), A National Strategic Framework of HIV & AIDS Prevention in The Construction Sector, Jakarta; 2. Ministry of Manpower and Transmigration website; 3. Nafsiah Mboi (2010), HIV & AIDS Epidemic in Indonesia, National AIDS Commission, Jakarta; 4. Pia K. Markkanen (2004), Keselamatan dan Kesehatan Kerja di Indonesia, Paperwork 9, Jakarta; 5. PT. Jamsostek website; 6. Statistics Indonesia website; 7. Suraji, A & Supriatna, Y (2010), The Indonesian Construction Sector, Jakarta.