Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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.

General provisions

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

The Committee notes the information provided by the Government regarding Article 4(3)(b) of the Convention (on information and advisory services on OSH), Article 4(3)(c) (on the provision of OSH training) and Article 4(3)(g) (on collaboration with the relevant insurance or social security schemes covering occupational injuries and diseases).

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 response to its previous request, that the National Occupational Safety and Health Council (DK3N) meets at least once every three months to discuss national-level occupational safety and health (K3) issues. The Government indicates that the DK3N plays a critical advisory role and makes recommendations to the Minister of Manpower, including on the ratification of relevant ILO Conventions. The Committee requests the Government to continue to provide information on the periodic consideration of what measures could be taken to ratify relevant OSH Conventions. In this respect, the Committee draws the Government’s attention to the possibility of requesting technical assistance.

Articles 3 and 4(1). Formulation of a national policy in consultation with the most representative organizations of employers and workers. Establishment, maintenance, progressive development, and periodical review of a national system for OSH. The Committee notes the Government’s indication that, in terms of policy formulation, the DK3N provides recommendations on proposed changes to OSH policies. The Government states that it engages in regular dialogue with employer and worker organizations to formulate inclusive national OSH policies and provides information on several campaigns carried out. The Committee also notes that the first priority of the National OSH programme (2024–29) is the review and updating of Law No. 1 of 1970 on Occupational Safety (priority 1.1). It further notes that the Technical Committee of the DK3N is engaged in developing OSH standards across different sectors.

The Committee notes that the Committee on Economic Social and Cultural Rights (CESCR), in its concluding observations, expressed concern regarding the absence of comprehensive measures to provide adequate protection in the area of occupational health and safety at work, including the prevention of occupational accidents. The CESCR recommended the adoption of a comprehensive system of protection from occupational hazards that provides adequate protection to all workers, including those in the informal sector, in the event of workplace accidents and occupational diseases (14 March 2024 E/C.12/IDN/CO/2 paragraphs 36 and 37). The Committee urges the Government to strengthen its efforts to promote a safe and healthy working environment and to advance, at all relevant levels, the right of workers to a safe and healthy working environment. The Committee requests the Government to provide further information on the manner in which the national policy is periodically reviewed by the DK3N. It requests the Government to continue to provide information on the planned revision of Law No. 1 of 1970 on Occupational Safety, and to provide information on the consultations held with employers’ and workers’ organizations in this respect.

Article 4(2)(c). Mechanisms for ensuring compliance. The Committee notes the Government’s indication that research has been undertaken at the national level regarding the current state of labour inspection and OSH management. The Government indicates that the research findings from 2021 concluded that there was an uncoordinated division of labour inspection responsibilities which has weakened enforcement capabilities. The conclusions also pointed to a shortage of trained inspectors, a lack of adequate inspection infrastructure and a limited budget for labour inspection which have exacerbated challenges for ensuring compliance with labour standards. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on the measures taken to strengthen the mechanisms for ensuring compliance with national laws and regulations, including systems of inspection, and in particular the measures taken to address the challenges identified.

Article 4(2)(d). Arrangements to promote cooperation between management, workers and their representatives at the level of the undertaking. The Committee previously noted that pursuant to 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 a bipartite OSH committee, but that many workplaces did not have a functioning OSH committee as required. In this respect, the Committee notes the Government’s statement that it has been actively promoting strengthened bipartite cooperation on OSH issues. The Government indicates that it encourages the use of a mechanism for self-assessment, and this framework includes specific criteria related to the establishment of an OSH committee. The Government also engages in capacity development of OSH experts through training programmes, and such experts often serve as the secretary of the OSH committee within an enterprise. The Committee further notes the statement in the National OSH programme (2024-2029) that many workplaces do not implement the requirements related to the establishment of an OSH committee. The Committee requests the Government to provide further information on the measures taken 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)(d). Occupational health services in accordance with national law and practice. The Committee requests the Government to provide information on the measures taken or envisaged with respect to the provision of occupational health services.

Article 4(3)(e). Research on OSH. Following its previous comments, the Committee notes the Government’s statement that plans for future research include developing a comprehensive plan for the revitalization of Occupational Safety and Health Centres to enhance the role of the centres in labour inspection and safety management. The Government states that the research findings will provide a roadmap for strengthening labour inspection functions at both the national and regional levels. The Committee requests the Government to continue to provide information on the research carried out as well as on the subsequent implementation of the plan for the revitalization of Occupational Safety and Health Centres.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases. Application in practice. The Committee notes the Government’s statement that it is committed to ensuring that data on occupational injuries and diseases is collected and analysed. The Committee notes the Government’s statement that there has been a steady increase in reported work accidents and claims, and that this reflects efforts to enhance data collection and analysis mechanisms. Further, the Government indicates that the increase relates to growing awareness and participation in the programme of the national social security administration (BPJS Ketenagakerjaan), expanded coverage to cover more workers (including in the informal sector), a simplified claims process, and an increase in the number of health care facilities collaborating with the administration. In this respect, the Committee notes the increase from 234,370 cases (claims for work-related injuries and occupational diseases) in 2021, to 298,137 cases in 2022 and 370,747 cases in 2023, as well as the substantial increase in the amount of compensation claimed. The Committee requests the Government to provide further information on efforts to improve its mechanisms for the collection and analysis of data on occupational injuries and diseases. Noting once again the significant increase in the number of recorded cases of occupational accidents and illnesses, the Committee requests the Government to continue 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)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee notes the information provided by the Government, in response to its previous request regarding the impact of initiatives to improve OSH conditions in micro, small, and medium-sized enterprises, that the broad reach of these programmes has significantly raised OSH awareness among workers in such enterprises, reaching 10,000 workers in 2023. The Government indicates that these initiatives included training on ergonomic practices, chemical safety and disease prevention, and that this training led to improved compliance with OSH standards. The Committee requests the Government to continue to provide information on the support mechanisms for OSH conditions in micro-enterprises, in small and medium-sized enterprises, and the impact of these programmes. With reference to the concluding observations of the Committee on Economic, Social and Cultural Rights recommending protection for workers in the informal economy (noted under Articles 3 and 4), the Committee also requests the Government to provide information on any measures taken to support the progressive improvement of occupational safety and health conditions in the informal economy.

Article 5. Formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH. Following its previous comments, the Committee notes with interest the launch of the National OSH programme for the period 2024–29, in April 2024 by the Ministry of Manpower. The programme was developed with the support of the DK3N, and in collaboration with the tripartite Indonesian National OSH (K3) Programme Working Group as well as the collaboration of the ILO. The programme states that it was based on a national OSH profile (developed in 2022) as well as the review and evaluation of the achievements of the previous programme (2007-2010). The programme focuses on five main OSH challenges, and sets out corresponding strategies to address these challenges, including priorities and deliverables with a corresponding timeline. The Ministry of Manpower will prepare an annual progress report on its implementation, and the mid-term evaluation and final report will be prepared by the Ministry in consultation with stakeholders. The Committee requests the Government to provide information on the implementation of the national OSH programme (2024–29), as well as on its monitoring, evaluation and eventual periodic review, in consultation with the most representative organizations of employers and workers.

Protection in specific branches of activity

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

Application of the Convention in practice. The Committee notes the information provided by the Government in response to its previous request regarding the implementation of the Government Regulation No. 50 of 2012, which requires the establishment of an OSH management system in enterprises with more than 100 workers. The Government indicates that the implementation of OSH management systems has significantly contributed to improving workplace compliance with OSH standards, particularly within the trade and office sectors. The Government indicates that there has been a steady growth in implementation, from 1,616 companies in 2021 to 2,456 companies in 2024. The Government indicates that challenges remain including inconsistent implementation of the elements of an OSH management system. The Committee requests the Government to provide further information on the manner in which this Convention is applied in practice, including the implementation of OSH management systems in commerce and in offices.