scholarly journals Basic Legal Study On Workplace Health And Safety Protection In Indonesia

2020 ◽  
Vol 6 ◽  
pp. 88-100
Author(s):  
Parningotan Malau

This study aims to examine the legal history and the concretization of the value of Pancasila as a legal basis in protecting the occupational safety and health of workers in Indonesia. The research method used in this study is a type of normative research using the Statute Approach. The analysis technique in this study was carried out in a descriptive way to describe the legal conditions and protection of workers in Indonesia. The results of this study indicate that the birth of labor law in Indonesia is based on a long history of labor suffering due to slavery, forced cultivation, slavery to forced labor, not vice versa because employers corporations are persecuted by the treatment of workers and employers. National labor law, specifically the Work Safety Health Act, must be able to position workers as independent legal subjects, not arbitrarily controlled by other legal subjects, be treated humanely in accordance with their dignity and status, and obtain justice as a weak party. In addition, to avoid discrimination, it must show the principle of unity in work relations, between employers and workers in corporations, or broader unity in industrial relations, namely between employers' organizations, labor organizations, and government

ON A WINTRY DAY LAST DECEMBER, nearly 20 years to the day after the nation's lawmakers approved the Occupational Safety and Health Act that aimed to substantially curb the injury, illness and death that are an everyday fact of life in America's workplaces, New Solutions convened a panel of invited guests at the Institute for Policy Studies in Washington, D.C., to gauge just how far we have come. Earlier, in the premiere issue of New Solutions, we had run Charles Noble's analysis of “OSHA at 20.” It gave us starting points for a searching discussion of workplace health and safety in this country from the many perspectives that were represented by our panelists (see box, page 65). All of the opinions and comments made during the discussion represent the participants' own viewpoints and are in no way a reflection of the opinions or views of the agencies or organizations with which they are associated. We asked panelists Charles Noble and Richard Pfeffer to begin the discussion with their analyses of the problems. The talk went on for hours, all of it captured on tape. Insights were plentiful; frustrations were obvious; the suggestions, many. Here is Part 1 of a two-part edited transcript of the Roundtable on OSHA, the agency that is 20 years old this April, and the OSH Act which established it. Part 2 will run in an upcoming issue of this journal. We invite you to join the controversy with your letters and longer comments.


2021 ◽  
Author(s):  
◽  
James William Cornish

<p>The development of industrial safety law in Britain and New Zealand and the origins of construction, safety law are outlined in Part I. The administration and interpretation of the Construction Act 1959 are described in Part II, and Part III highlights the comparable statute law in three Commonwealth countries. The thesis will assist persons engaged in industry, lawyers and departmental officers in the understanding of the law and its application to construction work. The information presented on overseas law will assist those involved in the task of reviewing and consolidating the New Zealand industrial safety, health and welfare legislation. The history of the British Factories Acts leading on to the Health and Safety at Work Act 1974, described in Chapter 1, highlights the importance of a self-regulating, integrated statutory system and a professional inspectorate with an advisory role and residual enforcement powers. New Zealand safety law has developed as the country's industrial needs have determined, as will be seen from Chapter 2. Generally, British statutes have been adopted, but construction safety law is the exception and Chapter 3 shows that, from the earliest Bill introduced by Richard John Seddon in 1892 up to the present, the legislation covering the construction industry has been initiated and drafted with industry representation. The more empirical subjects such as current policy and practice, sanctions, codes, education, other legislation and reform, as well as the purpose, effect, extent and application of the Construction Act 1959 are discussed in Chapter 4. The results of the author's legal research and analysis are contained in Chapters 5 and 6 under the headings of 'Liabilities' and 'Technical Law'. The responsibilities of employers, workmen, safety supervisors, inspectors and the Crown are set out and explained in terms of the statute and the interpretation from the case law. The technical subjects include scaffolding, guardrails, brittle roofing, fall of objects, access, excavations, mechanical plant, demolition, eye protection, asbestos, work in compressed air, health and welfare. Chapters 7, 8 and 9 examine the present legislation, in Britain, Australia and Canada and indicate a trend towards a unified approach to occupational safety, health and welfare and one enactment for all places of work, and with separate regulations and codes of practice for each industry. This study has been carried out by the present Chief Safety Engineer of the Department of Labour who has been responsible for the administration of the Construction Act 1959 since 1968. A separately bound appendix includes a copy of the Construction Act 1959 and the Amendments (Appendix A), the Inspection of Building Appliances Bill 1892 (Appendix B), the Scaffolding Inspection Act 1906 (Appendix C), the Tasmanian Industrial Safety, Health and Welfare Act 1977 (Appendix D), the Ontario Occupational Health and Safety Act 1978 (Appendix E), and copies of the unreported judgments and decisions referred to in the thesis (Appendix F).</p>


Author(s):  
Michael B. Lax

The occupational safety and health movement has been transformed from a struggle emphasizing workplace democracy to a de-politicized technical debate. Professionals involved in occupational safety and health (OSH) are continuously urged to keep “politics” out of their work. However, “politics,” defined as the participation in knowledge production and decision-making that profoundly affects working life, is inherent to the work of OSH professionals. These professionals function within specified roles largely created and shaped to meet the needs of the corporate class. In this context, there is a need for professionals who are explicitly allied to workers struggling for health and safety. However, there are powerful constraints to the development of this alliance, including professionals’ need for jobs, job security, and credibility. Additionally, many professionals seeking an alliance with workers remain under the sway of hegemonic myths that limit their ability to function as worker allies. These myths include non-recognition of class power and its effects on workplace health, a view of OSH as purely a technical issue, and a failure to recognize how OSH knowledge is shaped by its political/economic context. Ideas for developing an alternative praxis are offered.


Author(s):  
John William Cherrie ◽  
Wouter Fransman ◽  
Gerardus Antonius Henrikus Heussen ◽  
Dorothea Koppisch ◽  
Keld Alstrup Jensen

Model tools for estimating hazardous substance exposure are an accepted part of regulatory risk assessments in Europe, and models underpin control banding tools used to help manage chemicals in workplaces. Of necessity the models are simplified abstractions of real-life working situations that aim to capture the essence of the scenario to give estimates of actual exposures with an appropriate margin of safety. The basis for existing inhalation exposure assessment tools has recently been discussed by some scientists who have argued for the use of more complex models. In our opinion, the currently accepted tools are documented to be the most robust way for workplace health and safety practitioners and others to estimate inhalation exposure. However, we recognise that it is important to continue the scientific development of exposure modelling to further elaborate and improve the existing methodologies.


Author(s):  
Francesco Chirico ◽  
Tarja Heponiemi ◽  
Milena Pavlova ◽  
Salvatore Zaffina ◽  
Nicola Magnavita

This study aimed to find out which countries around the world require psychosocial hazards and workplace violence to be assessed by employers through a mandatory occupational risk assessment process and to compare the type of legislation between countries. We systematically searched the International Labour Office (ILO) “LEGOSH” database for documents published during the period between December 2017 and February 2018. The search included 132 countries, of which 23 were considered as developed and 109 as developing according to the United Nations. Our review showed that most countries (85, i.e., 64%) have not included mandatory psychosocial risk assessment and prevention in their national occupational safety and health legislation. Moreover, we found differences between developed and developing countries, showing that developed countries more frequently have legislative measures. Within developed countries, we also found differences between countries following the Scandinavian model of workplace health and safety culture and other countries. Moreover, in many countries, workplace violence was prohibited only if it involves an offence to moral or religious customs. In conclusion, the marked difference in psychosocial hazards and workplace violence regulations among countries leads to unequal levels of workers’ protection, with adverse effects on global health.


Author(s):  
Jodi Sugerman-Brozan ◽  

The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) developed workplace health and safety recommendations for Phase 2 of the Massachusetts plans to reopen the economy as the spread of SARS-CoV-2 novel coronavirus was reduced in the state. The governor’s plan included minimal measures for workplace health and safety protections during this pandemic. The MassCOSH recommendations are presented in this document.


2021 ◽  
Author(s):  
◽  
James William Cornish

<p>The development of industrial safety law in Britain and New Zealand and the origins of construction, safety law are outlined in Part I. The administration and interpretation of the Construction Act 1959 are described in Part II, and Part III highlights the comparable statute law in three Commonwealth countries. The thesis will assist persons engaged in industry, lawyers and departmental officers in the understanding of the law and its application to construction work. The information presented on overseas law will assist those involved in the task of reviewing and consolidating the New Zealand industrial safety, health and welfare legislation. The history of the British Factories Acts leading on to the Health and Safety at Work Act 1974, described in Chapter 1, highlights the importance of a self-regulating, integrated statutory system and a professional inspectorate with an advisory role and residual enforcement powers. New Zealand safety law has developed as the country's industrial needs have determined, as will be seen from Chapter 2. Generally, British statutes have been adopted, but construction safety law is the exception and Chapter 3 shows that, from the earliest Bill introduced by Richard John Seddon in 1892 up to the present, the legislation covering the construction industry has been initiated and drafted with industry representation. The more empirical subjects such as current policy and practice, sanctions, codes, education, other legislation and reform, as well as the purpose, effect, extent and application of the Construction Act 1959 are discussed in Chapter 4. The results of the author's legal research and analysis are contained in Chapters 5 and 6 under the headings of 'Liabilities' and 'Technical Law'. The responsibilities of employers, workmen, safety supervisors, inspectors and the Crown are set out and explained in terms of the statute and the interpretation from the case law. The technical subjects include scaffolding, guardrails, brittle roofing, fall of objects, access, excavations, mechanical plant, demolition, eye protection, asbestos, work in compressed air, health and welfare. Chapters 7, 8 and 9 examine the present legislation, in Britain, Australia and Canada and indicate a trend towards a unified approach to occupational safety, health and welfare and one enactment for all places of work, and with separate regulations and codes of practice for each industry. This study has been carried out by the present Chief Safety Engineer of the Department of Labour who has been responsible for the administration of the Construction Act 1959 since 1968. A separately bound appendix includes a copy of the Construction Act 1959 and the Amendments (Appendix A), the Inspection of Building Appliances Bill 1892 (Appendix B), the Scaffolding Inspection Act 1906 (Appendix C), the Tasmanian Industrial Safety, Health and Welfare Act 1977 (Appendix D), the Ontario Occupational Health and Safety Act 1978 (Appendix E), and copies of the unreported judgments and decisions referred to in the thesis (Appendix F).</p>


Author(s):  
Jeffrey Shawn Peterson ◽  
Brian Kim

The National Institute for Occupational Safety and Health (NIOSH) Pittsburgh Mining Research Division (PMRD) conducts a wide variety of mining-related health and safety research. As part of this research, PMRD’s Workplace Health Branch maintains a Noise Control Team tasked with developing noise controls to reduce future incidences of noise-induced hearing loss (NIHL) among the nation’s mining workforce. A noise control project that PMRD is currently investigating is the development of noise controls to reduce the noise emissions from jumbo drills. Operators of jumbo drills are frequently overexposed to noise, putting them at risk of NIHL. A key contributor to the noise at the operator location is the noise radiated from the jumbo drill string, or drill rod. Jumbo drilling is rotary-percussive in nature, and the drill string is mechanically excited by the cutting of the media as well as by a percussive hammer. These excitations travel from the bit/rock interface and from the drifter hammer into the drill string, vibrating the structure and causing it to radiate noise. The development of an instrumented drill string will allow NIOSH to quantify the forces within the drill string during drilling, providing critical information for the development of jumbo drill noise controls.


1977 ◽  
Vol 7 (1) ◽  
pp. 63-87 ◽  
Author(s):  
Daniel M. Berman

In the early 20th century, U.S. monopoly corporations responded to the movement against work accidents by setting up a business-controlled “compensation-safety establishment,” which kept down compensation costs but did little to improve working conditions. This “establishment” was able to keep the issue of occupational safety and health out of public debate until the late 1960s through its control of research, education, compensation, and government appointments in the area, and by creating the public impression that the problems of occupational disease were almost nonexistent. Despite the occurrence of sporadic rank-and-file uprisings, unions have been seriously involved in health and safety only since the late 1960s, when they mobilized in an effort to pass the Occupational Safety and Health Act of 1970. The passage of the OSHA law was made possible by the help of progressive professionals, worker dissatisfaction, the new environmental consciousness, and a general climate of social unrest. Although the corporate elite, through the “compensation-safety establishment,” has been able to dominate the operation of the federal institutions created by the new law, the question of occupational health and safety is now on the permanent agenda of workers, unions, and the public.


Author(s):  
Michael Lax

Unions, health and safety activists, and professionals came together to create Coalitions for Occupational Safety and Health (COSH groups) in a number of cities across the United States beginning in the 1970s. The COSHes have played an important and unique role in advocating worker health and safety since that time, through activities including technical assistance, training and education, and campaigns on workplace and public policies. In New York State, activist coalitions created eight COSH groups distributed around the state. This paper presents a history of New York’s COSHes based on interviews with key participants. The interviews shed light on the origins of the COSH movement in New York, the development and activities of the COSHes, and the organizational trajectory of individual New York COSHes in response to both extra and intraorganizational challenges. Participants’ accounts of these issues may be useful for those seeking to sustain the COSH movement.


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