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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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.

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

The Committee notes the Government’s first report.

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 its report that a tripartite National OSH Council has been established and conducts regular meetings to discuss general OSH issues, including discussions on the compliance of national OSH regulations with ILO standards on OSH. The Committee requests the Government to provide information on the frequency of the meetings of the National OSH Council, and on the manner in which the Council gives consideration in those meetings to measures that could be taken to ratify relevant OSH Conventions.

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication that Law No. 1 of 1970 on Occupational Safety forms the basis for the national OSH policy, of which the Minister of Manpower is responsible. It notes that the provisions of Law No. 1 of 1970 contain principles related to various aspects concerning OSH, including the prevention of work-related accidents and illnesses, the provision of information to workers, and training. The Committee also notes that sections two and five of Government Regulation No. 50 of 2012 on the Implementation of Occupational Safety and Health Management System stipulates that the implementation of an OSH management system at the level of the enterprise (in workplaces with more than 100 workers and high-risk workplaces) aim to increase the effective protection of OSH in a well planned, measurable, structured and integrated way; prevent and reduce occupational accidents and diseases by involving the management, workers, and/or the workers’ union; and to create a safe, comfortable and efficient place of work to increase productivity. The Committee further notes the information provided by the Government regarding the various measures to improve the national OSH situation undertaken at the national, regional/provincial, and enterprise level. The Government indicates that its national policy is directed towards “Indonesian Self-reliance to OSH Culture by 2020”. It also indicates that OSH regulations are formulated in consultation with employers’ and workers’ organizations, and were adapted to national conditions. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote and advance, at all relevant levels, the rights of workers to a safe and healthy working environment, in accordance with Article 3(2) of the Convention. The Committee also requests the Government to provide information on the manner in which the national policy is periodically reviewed. The Committee further requests the Government to indicate the national conditions and practices that have been taken into consideration and to provide further information on the outcome of the consultations with employers’ and workers’ organizations in formulating its national OSH policy, in accordance with Article 3(3).

Article 4(1). Establishment, maintenance, progressive development, and periodical review of a national system for OSH. The Committee notes the Government’s statement that the existing national OSH system is developed and evaluated on an ongoing basis by involving representatives of employers, workers, academics, practitioners, professional associations, and other relevant parties, and that the result is a review of OSH regulations. The Committee requests the Government to provide further information on the manner in which representatives of employers and workers are involved in the progressive development and periodic review of the national OSH system, as well as the role of academics, practitioners, professional associations, and other relevant parties in this respect.

Article 4(2)(d). Arrangements to promote cooperation between management, workers and their representatives at the level of the undertaking. The Committee notes that, as specified under Annex I(C)(2) of 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 an OSH committee responsible for OSH issues and composed of representatives from workers and employers, including an OSH expert. The Committee observes that the annual report in 2017 of Better Work Indonesia (BWI), which has been conducting assessments of working conditions in Indonesia’s export-oriented garment factories since 2011, notes a 91 per cent non-compliance rate regarding OSH management systems for factories participating in the BWI programme, with 44 per cent of those factories not having a functioning OSH committee. The Committee requests the Government to provide information on the measures taken or envisaged 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)(b) and (d). Information and advisory services on OSH. Occupational health services in accordance with national law and practice. The Committee notes that section 9(4) of the Government Regulation No. 50 of 2012 on the Implementation of Occupational Safety and Health Management System requires that employers develop an enterprise OSH plan and that they involve OSH experts in its drafting. The Committee also notes the Government’s reference in its report to the Association of OSH Experts in Construction and the Association of OSH Experts. The Committee further notes the reference by the Government to measures taken to increase the numbers and quality of general occupational safety experts, occupational safety specialists, and doctors and medical examiners at the enterprise level. The Committee requests the Government to provide information on the measures taken to ensure the provision of information and advisory services on OSH, including the role of the Association of OSH Experts in Construction and the Association of OSH Experts in this respect. The Committee also requests the Government to provide further information on the measures taken or envisaged with respect to occupational health services.

Article 4(3)(c). Provision of OSH training. The Committee notes the Government’s indication that the Ministry of Health has provided training for the diagnosis of occupational illnesses. It further notes the Government’s reference to the Indonesian Association of OSH Training Institutes. The Committee observes that the provision of OSH training activities at the enterprise level may be covered under section 9 of Law No. 1 of 1970, which concerns duties of managers towards new workers, and under Annex II(A)(12) of Government Regulation No. 50 of 2012 on the Implementation of Occupational Safety and Health Management System, which provides auditing guidelines for auditors that include criteria for the assessment of OSH training requirements. The Committee requests the Government to continue to provide information on the manner in which OSH training is provided at national, regional, and enterprise level, including through institutions such as the Association of OSH Training Institutes.

Article 4(3)(e). Research on OSH. Taking note of the Government’s indication that it has undertaken research and assessment on OSH at the national level, the Committee requests the Government to provide information on the kind of research undertaken.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases. Application in practice. The Committee notes the observation made by the Directorate General of Labour Inspection and OSH Development, in its report entitled “Strategy for Strengthening Labour Inspection in Indonesia” and published in 2018 in collaboration with the ILO Country Office in Jakarta, that data of occupational accidents and diseases was limited to workers enrolled in the Indonesian national health insurance, National Social Security Administering Body (BPJS), amounting to approximately 20 per cent of workers in Indonesia. The Committee further notes that, according to that report, the number of recorded cases of occupational accidents and illnesses in Indonesia increased from 101,367 cases in 2016, to 123,041 cases in 2017. The Committee encourages the Government to pursue its ongoing efforts in improving its mechanisms for the collection and analysis of data on occupational injuries and diseases, and to continue to provide information on the measures taken in this respect. Noting the significant increase in the number of recorded cases of occupational accidents and illnesses, the Committee requests the Government 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)(g). Collaboration with the relevant insurance or social security schemes covering occupational injuries and diseases. The Committee notes the indication in the report of the Directorate General of Labour Inspection and OSH Development, entitled “Strategy for Strengthening Labour Inspection in Indonesia”, that the BPJS Employment has established an integrated monitoring system involving BPJS Employment, BPJS Health, and labour inspectors. The Committee requests the Government to provide further information regarding measures taken or envisaged regarding collaboration between the authorities responsible for OSH and the national social security system.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes the Government’s reference to a number of OSH programmes in SMEs, including Work Improvement in Small Enterprises (WISE), Work Improvement in Neighbourhood Development (WIND), Work Improvement in Small Construction Sites (WISCON) with Participation Action-Oriented Training (PAOT) method. The Committee requests the Government to continue to provide information on the impact of these programmes in improving OSH conditions in SMEs.

Article 5. Formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH including objectives, targets and indicators of progress. The Committee notes the National OSH Council’s paper on the establishment of a Vision, Mission, Policy, Strategy and Programme of National Occupational Safety and Health (OSH) from 2007 to 2010, which was facilitated by the ILO. It also notes the Government’s reference to the Ministry of Manpower and Transmigration Decree No. 386 of 2014, which provides for the establishment of a national OSH month from 2015 to 2019 and sets out goals to improve OSH issues in the country, and the implementation of specific activities in this respect. The Committee recalls the importance of ensuring the implementation of national OSH programmes, their monitoring and subsequent review in consultation with the social partners, and of evaluating their results and using a methodology based on clear targets and indicators of progress (see the 2017 General Survey on certain occupational safety and health instruments, paragraphs 147–153). The Committee requests the Government to provide information on its most recent national OSH programme and the measures taken in this regard, including on the organizations of employers and workers that have been consulted, and the outcome of those consultations. It also requests the Government to provide information on the manner in which the elements outlined in Article 5(2)(a)–(e) are reflected in its national programme.

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

Application of the Convention in practice. The Committee notes the Government’s indication in its report that the Occupational Safety and Health Management System has already been integrated into companies’ management system in accordance with Government Regulation No. 50 of 2012 on the Implementation of Occupational Safety and Health Management System (which requires the establishment of an OSH management system in enterprises with more than 100 workers) and the Minister of Manpower Regulation No. 26 of 2014 on the Assessment of the Implementation of Occupational Safety and Health Management System. With reference to its previous comments on the experiences gained from the implementation of the OSH management system, however, the level of detail provided by the Government does not enable the Committee to make a full appreciation of the effect of OSH management systems on the application of this Convention in practice in offices and commerce. The Committee requests the Government to continue to provide information on the manner in which this Convention is applied in practice, including the experiences gained from the implementation of OSH management systems in trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 5 of the Convention. National legislation. With reference to its previous comments, the Committee notes the Government’s response in regards to the application of Article 5 of the Convention by virtue of article 1(1) of Act No. 1 of 1970, Ministry of Manpower Regulation No. 7 of 1964, article 3 of Act No. 1 of 1970 and Ministry of Man Power Regulation No. 5 of 1996.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government on the manner in which labour inspections are carried out, their frequency and the reporting procedure. It further notes the detailed statistics supplied with the Government’s report for the period of 2008. The Committee also notes from the Government’s report that it is compulsory for every company to implement the Occupational Safety and Health Management System (SMK3). The Committee requests the Government to provide further information on the experiences gained with the implementation of the SMK3, as well as further information on the outcome of the labour inspections carried out spanning a longer period of time and including a brief analysis of the trends.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s report.

2. Article 5 of the Convention. National legislation. The Committee notes that sections 86 and 87 of Act No. 13 of 2003 concerning manpower provide for workers’ right to occupational safety and health and enterprises’ obligation to apply an occupational safety and health management system. The Committee requests the Government to provide detailed information with its next report on the occupational safety and health management system applicable to hygiene in commerce and offices.

3. Article 6 and Part IV of the report form. Labour inspection. The Committee notes that Chapter XIV of the Act concerning manpower regulates labour inspection and their obligation to report to the minister. It requests the Government to provide information with its next report on the manner in which labour inspections are carried out in commerce and offices, their frequency and to provide copies of the reports submitted to the minister.