Safety Regulation : Occupational Health and Safety Law

Occupational health and safety (K3) is an instrument that protects workers, the company, the environment, and society about the dangers of workplace accidents. Protection is a basic human right that must be met by the company. K3 aims to prevent, reduce, and even nullify the risk of workplace accidents (zero accident). The application of this concept should not be taken as prevention of occupational accidents and occupational diseases that are expensive (cost) of the company, but should be regarded as a form of long-term investments that benefited the rich in the future.

How K3 legal perspective? There are three main aspects, namely K3 legal norms of safety, occupational health, and the real work. Safety norms is a means or a tool to prevent occupational injury allegedly caused by the negligence and work environment that is not conducive. The concept is expected to nullify accident thus preventing the occurrence of defects or death to workers, then place and prevent damage to work equipment. This concept also prevents contamination of the environment and communities where health kerja.Norma expected to be a powerful instrument to create and maintain the health status of work as high.

K3 to the prevention and eradication of occupational diseases, such as noise, lighting (light), vibration, humidity, and others that can cause hearing damage, respiratory problems, lung damage, blindness, damage to body tissue caused by beam ultraviolet, skin cancer, infertility, and others. Norms relating to labor management. K3 in this context relates to the matter of setting work hours, shifts, working women, youth employment, overtime arrangements, analysis and management of the environment, and others. These things have a close correlation to the events of the accident.
The existence of K3 actually coincided with the industrial revolution in Europe, notably the UK, Germany and France as well as the industrial revolution in the United States. This era marked a shift in the use of large-scale production machines replacing human labor. Workers simply acts as the operator. The use of the machines produced goods in the amount doubled compared to that done earlier workers. IndustriNamun Revolution, the impact of the use of the machines is unemployment and the risk of accidents in the workplace. It can cause physical disability and death for workers. Also it can cause a huge loss for the company. The industrial revolution also marked by increasingly found chemical compounds that can endanger the safety and physical and mental health workers (occupational accident) as well as the community and the environment.

At the beginning of the industrial revolution, K3 has not become an integral part of the company. In an era in workplace accidents only regarded as accidents or occupational risk (personal risk), not the company's responsibility. This view is reinforced by the concept of common law defense (CLD), which consists of contributing negligence (contributions negligence), fellow servant rule (employment provisions), and the risk Assumption (assumption of risk) (Tono, Muhammad: 2002). Then this concept evolved into the K3 employers liability is the responsibility of employers, workers / employees, and the general public that is outside the context of Indonesia kerja.Dalam, K3 consciousness actually been around since the Dutch colonial government. For example, in 1908 the Dutch parliament urged the Dutch government to impose K3 in the Dutch East Indies were marked by the publication Veiligheids Reglement, State Gazette No.. 406 In 1910. 

Furthermore, the Dutch colonial government issued several legal products that provide protection for the safety and health are regulated separately by each economic sector. Some of them are related to the transportation sector that regulates traffic perketaapian as stated in the Algemene Regelen Betreffende de Aanleg en de Exploitate Spoor van voor Algemene en Tramwegen Bestmend Verkeer in Indonesia (general rules concerning the establishment and firm Trains and Trams for general traffic Indonesia) and Gazette 1926 No.. 334, Schepelingen Ongevallen Regeling 1940 (Ordinance Accident Seafarers), State Gazette No. 1930. 225, Veiligheids Reglement (Regulation of Employment Security in Factory and Workplace), and so on. High Concern In the early days of independence, K3 aspects of strategic issues and not become a part of humanity and justice. This is understandable because the Government of Indonesia is still in transition structuring political life and national security. Meanwhile, a new national economic wheel movement initiated by the national government and the private sector.

New K3 is a major concern in the 70's in line with the height of the capital investment and the adoption of national industry (manufacturing). This development has encouraged the government regulation in the areas of employment, including setting K3 issue. It is stipulated in Law no. 1 Year 1070 on Occupational Safety, while labor legislation earlier as Law Number 12 Year 1948 on Labor, Law no. 14 Year 1969 on Basic Provisions Regarding Labor does not state explicitly classified as K3 concept kerja.Setiap norm workplace or company must implement K3 program. The workplace is very broad dimension covers all workplaces, whether on land, underground, above ground, in water, in the air or in space.

K3 legal arrangements in the context of the above is in accordance with the sectors / areas of business. For example, Law no. 13 Year 1992 on Perkerataapian, Law no. 14 Year 1992 on Traffic and Transportation (LLAJ), Law no. 15 Year 1992 on Aviation and its other implementing regulations. In addition to the above nexus sekor, regulations related to the K3 is also found in other sectors such as mining, construction, agriculture, manufacturing industry (factories), fisheries, and other lain.Di current era of globalization, national development very closely with the development global issues such as human rights (Human Rights), the environment, poverty, and labor. Global competition is not only limited to the quality of the goods but also include the quality of care and services. Many multinational companies are only willing to invest in a country if that country has a high concern for the environment. Also sensitivity to the workers and the poor. Because it is not impossible if there is a company that cares about K3, put this in the first place as a condition of investment.