Every worker has the right to occupational safety and health protection. Every company must adhere to this basic principle.
By implementing good safety and health standards, companies not only protect their workers, but also create a more productive work environment.
So, how should companies implement effective occupational safety and health rules? We will review some of the important steps we can take to achieve this goal.
What is Occupational Safety and Health?
Occupational safety is a rule that aims to safeguard the safety of workers from the danger of accidents in carrying out work in workplaces that use tools or machines, and/or hazardous processing materials.
Meanwhile, occupational health is an effort to protect workers from events or labor conditions that are detrimental or can harm the health and decency of workers in carrying out work.
We can realize work productivity if we protect occupational safety and health through:
- Technical prevention of accidents and diseases that may occur during work;
- Control of hazards in the work environment;
- Handling when the workforce experiences something that should have been prevented;
- Provide facilities for workers to continue to receive health protection, treatment, and recovery with rehabilitation at health institutions.
Occupational Safety and Health According to the Law
Article 86 and Article 87 of the Labor Law regulate occupational safety and health, which reads:
Article 86
- Every worker/laborer has the right to obtain protection over:
- Occupational safety and health;
- Morals and decency; and
- Treatment that is in accordance with human dignity and religious values.
- To protect the safety of workers/laborers in order to realize optimal work productivity, occupational safety and health efforts are organized.
- The protection referred to in paragraph (1) and paragraph (2) shall be implemented in accordance with the prevailing laws and regulations.
Article 87
- Every company must implement an occupational safety and health management system that is integrated with the company’s management system.
- Provisions regarding the implementation of the occupational safety and health management system as referred to in paragraph (1) shall be regulated by Government Regulation.
Article 86 paragraph (2) of the Labor Law regulates occupational safety and health efforts that provide safety guarantees and improve the health status of workers/laborers through disease prevention, hazard control in the workplace, health promotion, treatment, and rehabilitation. In addition, Article 12 of the Occupational Safety Law regulates the rights and obligations of workers to do the following things:
- Workers provide correct information;
- Workers must wear personal protective equipment;
- Workers must fulfill and comply with all occupational safety and health requirements;
- Management implements all occupational safety and health requirements as requested by the workforce;
- To object to work on jobs where the occupational safety and health requirements and the required personal protective equipment are in doubt, except in special cases where the supervisory employee determines otherwise within reasonable limits.
Scope of Occupational Safety and Health
The scope of occupational safety and health is in all work areas whether on land, in the ground, on the surface of the water, in the water, or in the air as long as it is within the territory of the Republic of Indonesia.
In addition, there are 3 elements of the workplace, namely:
- commercial, economic, or social endeavors;
- there is a source of danger that can endanger workers; and
- There are workers who work in the area on a continuous or periodic basis.
Occupational safety and health in the workplace is the responsibility of employers. The head or management of the company and all workers together implement occupational safety and health in the workplace.
In conclusion, the Labor Law regulates the rules regarding occupational safety and health to protect workers from the risk of accidents, improve the health status of workers, and ensure their safety. In addition, companies can realize work productivity if they protect the safety and health of their workforce.
Occupational Safety and Health Rules in Employment Agreements
Companies should include occupational safety and health rules in company regulations and labor agreements to create a safe and productive environment.
By formulating clear and written rules, companies demonstrate their commitment to labor protection. This not only provides legal certainty, but also serves as a reference for workers in carrying out their responsibilities.
First, the existence of occupational safety and health rules enshrined in company regulations provides a solid basis for preventive action. Workers are more aware of the risks in the work environment and better understand the procedures they must follow to maintain safety.
Second, employment agreements that include occupational safety and health rules create a sense of shared responsibility between the company and the workforce.
Workers are entitled to protection, while companies are obliged to provide a safe working environment.
By integrating occupational safety and health rules in company regulations and employment agreements, companies not only meet legal obligations but also invest in the sustainability and productivity of the organization.
KH Contact
Well, if you don’t have company regulations and work agreements that cover occupational safety and health aspects, now is the time to act!
At Kontrak Hukum, we are ready to help you draft these important documents in a simple and professional way, starting from only IDR900,000!
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