Whether in the middle of a construction project or preparing to begin one, it’s vital to have the most current information on legal requirements.
On 24 January 2018, The Ministry of Public Work (the “MOPW”) issued Regulation No 02/PRT/M/2018 of 2018 (the “REG”) concerning the amendment of MOPW Regulation No 05/PRT/M/2014 (the “REG05”) regarding the Guidelines of Safety and Health Management for Public Construction Work. The amendment serves as the legal basis for the establishment of the Construction Safety Committee (“Komite Keselamatan Konstruksi” or the “KKK”) as the supervisory body mandated by Law No.2 Year 2017 concerning Construction Services. A further implementation regulation was issued by the Ministry of Public Works Decree No.66/KPTS/M/2018 (the “Decree”).
Let’s examine the overall highlights of the Construction Safety Committee and its implications on the construction industry as a whole.
Under Article 4 (1) of REG05, it states every construction work for the public sector must utilize an occupational safety and health management system that consists of:
- Construction Work Safety and Health (“K3”) policy;
- K3 Planning;
- Operational control;
- Examination and evaluation of K3 performance; and
- K3 performance review.
The requirement for the system is applicable from pre-construction, procurement, and implementation to the ‘handover’ of the final work. In order to supervise the implementation of such obligations on public related construction work, the Government of Indonesia through the REG and Decree, has established the Construction Safety Committee.
- Sub committee of roads and bridges;
- Sub committee of water resource works; and
- Sub commitee of building works.
What is the authority of the Construction Safety Committe?
Under the REG, the Committee is authorized to supervise and investigate public construction work under these categories:
- Potentially high risk project; and/or
- The project had a construction accident that may cause fatality.
Based on Article 5 (2) of REG05, a project can be classified as ‘potentially high risk’ if such project has the potential to damage the environment, employs more than 100 hundred employees, and/or the contract value is above Rp. 100,000,000,000 (one hundred billion Rupiah);
Based on the Decree, the Construction Safety Committee’s additional scope of work is as follows:
- Conduct monitoring and evaluation of potentially high risk projects;
- Conduct investigations on construction accidents; and
- Provide advice to the Ministry of Public Works, based on the data gathered during the monitoring, evaluation, and investigation of construction accidents in order to implement construction safety measures.
In addition to the above, the Construction Safety Committee also holds the authority to do as follows:
- enter the construction project workplace;
- request information from related parties;
- request relevant data in connection with their duties; and
- coordinate with relevant parties on matters related to construction safety.
Clearly, Indonesia is taking steps to ensure checks and balances for construction safety as the nation continues to develop at a rapid pace. Understanding the requirements of an occupational safety and health management system is crucial to compliance and to avoiding potential pitfalls in the process, ensuring efficiency in project momentum. If you have any questions on how to properly equip your project with the necessary framework, please contact us here at SLF.
Written by: Erick Sanjaya Perkasa, SH., M.Kn