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    FAKULTAS TEKNIK,UI

    TUGAS 1Chintya Widyaning P.U.

    TEKNIK INDUSTRI

    1106069544

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    PERATURAN PEMERINTAH K3 (KESELAMATAN DAN

    KESEHATAN KERJA) DI BERBAGAI NEGARA

    CanadaCANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND SAFETY ACT

    The act was based on the belief that all Canadians had ...a fundamental right to a health and

    safe working environment. CCOHS is mandated to promote safe and health workplaces to

    help prevent work-related injuries and illnesses.

    This act can be accessed onhttp://laws-lois.justice.gc.ca/PDF/C-13.pdf

    Salah satu kutipannya:

    Referensi :http://www.hrsdc.gc.ca/eng/labour/health_safety/Australia

    NEW WORK HEALTH AND SAFETY (WHS) LAWS

    New work health and safety (WHS) laws commenced on 1 January 2012 in many

    states and territories to harmonise occupational health and safety (OH&S) laws across

    Australia.

    http://laws-lois.justice.gc.ca/PDF/C-13.pdfhttp://laws-lois.justice.gc.ca/PDF/C-13.pdfhttp://laws-lois.justice.gc.ca/PDF/C-13.pdfhttp://www.hrsdc.gc.ca/eng/labour/health_safety/http://www.hrsdc.gc.ca/eng/labour/health_safety/http://www.hrsdc.gc.ca/eng/labour/health_safety/http://www.hrsdc.gc.ca/eng/labour/health_safety/http://laws-lois.justice.gc.ca/PDF/C-13.pdf
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    PERATURAN PEMERINTAH K3 (KESELAMATAN DAN

    KESEHATAN KERJA) DI BERBAGAI NEGARA

    WHS legislation includes a model WHS Act, regulations, Codes of Practice and a

    national compliance and enforcement policy. The model WHS Act is not significantly

    different from current occupational health & safety (OH&S) laws, but will make it easier for

    businesses and workers to comply with their requirements across different states and

    territories.

    Each state and territory is responsible for regulating and enforcing WHS laws. Safe

    Work Australia is the national body in charge of developing work health and safety and

    workers compensation policy.

    The following states and territories now use harmonised WHS legislation instead of previous

    OH&S laws:

    Australian Capital Territory The Commonwealth of Australia New South Wales Northern Territory Queensland South Australia

    Most remaining states are expected to move to the new model WHS Act by the start

    of 2013.

    MODEL WORK HEALTH AND SAFETY (WHS) ACT

    The Model Work Health and Safety (WHS) Act forms the basis of the WHS Acts

    being enacted across Australia to harmonise work health and safety law. For the Act to be

    legally binding it needs to be enacted or passed by Parliament in each jurisdiction.

    Information on each jurisdictions progress in implementing the new laws can be found here.

    The model WHS Act is the result of a comprehensive national review into work health

    and safety laws across Australia. This review involved substantial public consultation.

    The first draft of the model WHS Act was based on the decisions of the Workplace

    Relations Ministers' Council (WRMC) in relation to the national review findings. The first

    draft was released for public comment for six weeks in September 2009. The 480 submissions

    received during this period informed many of the amendments to the first draft.

    The WRMC endorsed the model WHS Act in December 2009, allowing Safe Work

    Australia to make further technical and drafting amendments to ensure its workability.

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    PERATURAN PEMERINTAH K3 (KESELAMATAN DAN

    KESEHATAN KERJA) DI BERBAGAI NEGARA

    The model WHS Act was finalised in June 2011. It can be access on

    http://www.safeworkaustralia.gov.au/sites/SWA/about/Publications/Documents/598/Model_

    Work_Health_and_Safety_Bill_23_June_2011.pdf

    OH&S ACTS

    States and territories that have not yet implemented new WHS laws are still responsible for

    making and enforcing their own OH&S Act. These laws spell out the duties of different

    groups of people who play a role in workplace health and safety.

    OH&S, WHS REGULATIONS AND CODES OF PRACTICE

    Some workplace hazards can cause so much injury or disease that specific regulations or

    codes of practice are needed to control them. These regulations and codes explain the duties

    of particular groups of people in controlling these risks. There is a difference between

    regulations and codes:

    Regulations are legally enforceable Codes of Practice provide advice on how to meet regulatory requirements. Codes are

    not legally enforceable, but they can be used in courts as evidence that legal

    requirements have or have not been met.

    Referensi :http://www.safeworkaustralia.gov.au/sites/swa/model-whs-laws/model-whs-

    act/pages/model-whs-act

    ThailandLaws concerning OSH and working environment under the administration of

    Department of Labour Protection and Welfare, Ministry of Labour.

    OCCUPATIONAL SAFETY, HEALTH AND ENVIRONMENT ACT, B.E. 2554 (A.D.

    2011)

    The main points of the OSH Act are as follows:

    o Chapter 1 : The OSH Act stipulates the duties of employer to provide employee safeand hygienic work conditions and work environment, and employer shall be

    responsible for the expenditure related to such provision.

    o Chapter 2 : The OSH Act stipulates that establishment provides OSH administration,management and implementation in accordance with OSH standards. In addition,

    employee shall have duties to comply with such standards.

    http://www.safeworkaustralia.gov.au/sites/SWA/about/Publications/Documents/598/Model_Work_Health_and_Safety_Bill_23_June_2011.pdfhttp://www.safeworkaustralia.gov.au/sites/SWA/about/Publications/Documents/598/Model_Work_Health_and_Safety_Bill_23_June_2011.pdfhttp://www.safeworkaustralia.gov.au/sites/SWA/about/Publications/Documents/598/Model_Work_Health_and_Safety_Bill_23_June_2011.pdfhttp://www.safeworkaustralia.gov.au/sites/swa/model-whs-laws/model-whs-act/pages/model-whs-acthttp://www.safeworkaustralia.gov.au/sites/swa/model-whs-laws/model-whs-act/pages/model-whs-acthttp://www.safeworkaustralia.gov.au/sites/swa/model-whs-laws/model-whs-act/pages/model-whs-acthttp://www.safeworkaustralia.gov.au/sites/swa/model-whs-laws/model-whs-act/pages/model-whs-acthttp://www.safeworkaustralia.gov.au/sites/swa/model-whs-laws/model-whs-act/pages/model-whs-acthttp://www.safeworkaustralia.gov.au/sites/swa/model-whs-laws/model-whs-act/pages/model-whs-acthttp://www.safeworkaustralia.gov.au/sites/SWA/about/Publications/Documents/598/Model_Work_Health_and_Safety_Bill_23_June_2011.pdfhttp://www.safeworkaustralia.gov.au/sites/SWA/about/Publications/Documents/598/Model_Work_Health_and_Safety_Bill_23_June_2011.pdf
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    PERATURAN PEMERINTAH K3 (KESELAMATAN DAN

    KESEHATAN KERJA) DI BERBAGAI NEGARA

    o Chapter 3 : The OSH Act stipulates that there shall be the Occupational Safety, Healthand Environment committee, comprising of 8 representatives from each party of the

    government, the employer and the employee as well as 5 OSH experts; totaling 29

    persons. The committee is authorized to present opinions to the Minister in the

    promulgation of ministerial regulations, notifications or regulations for the

    implementation of the OSH Act, as well as opinions concerning OSH policy, work

    plans and measures. In addition, the OSH committee is authorized to provide opinions

    to government agencies related to OSH promotion.

    o Chapter 4 : The OSH Act stipulates that employer shall conduct hazard assessmentand study of work environment impact on employee, as well as prepare OSH work

    plan and employee control and supervisory plan. In addition, employer shall submit

    the results of hazard assessment and impact study, as well as work plan and employee

    control and supervisory plan to the Department of Labour Protection and Welfare.

    o Chapter 5 : The OSH Act stipulates that safety inspector is authorized to inspect,record image and sound of work environment concerning OSH issues, as well as to

    enquire the fact, investigate or request establishment to stop the action that violates

    the OSH laws, as well as request the establishment to correct, to improve or to

    conduct in accordance with the OSH laws.

    o Chapter 6 : The OSH Act stipulates that there shall be the Safety, Health andEnvironment Fund, directed by the OSH Fund Management Committee, comprising

    of 5 representatives from each party of the government, the employer and the

    employees as well as; totaling 15 persons. The OSH Fund shall be set up with grant

    from Thai government and further grants for operating from various sources such as

    fine/penalty, government subsidy, donation, and the return on investment. The OSH

    Fund shall serve as funding for OSH operations and activities such as OSH promotion

    campaigns/projects, OSH research and development, and loans for the OSH

    improvement of establishments.

    o Chapter 7 : The OSH Act stipulates that there shall be the Institute for the Promotionof Occupational Safety, Health and Environment, responsible for promoting, and

    supporting the development of measures concerning OSH, as well as conducting OSH

    research in Thailand.

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    PERATURAN PEMERINTAH K3 (KESELAMATAN DAN

    KESEHATAN KERJA) DI BERBAGAI NEGARA

    o Chapter 8 : The OSH Act stipulates that the employer who violates or fails to complywith the OSH laws shall be penalized with imprisonment of not more than 1 year or a

    fine not exceeding 400,000 baths or both.

    LABOUR PROTECTION ACT, B.E. 2541 (A.D. 1998)

    The OSH Act has come into force since July 16th, 2011, resulting in abrogating of

    subordinate legislations by default. In addition, certain subordinate laws that are not effective

    prior to July 16th, 2011, are not be able to be enforced in principles. However, the transitory

    provision, section 74 of the OSH Act stipulates that During the period where the Ministerial

    Regulation, Notification or rule for the execution of this Act has not been issued, the

    Ministerial Regulation issued under Chapter 8 of the provisions of the Labour Protection Act,

    B.E. 2541 (A.D. 1998) shall apply mutatis mutandis.

    Therefore, the Ministerial Regulations issued under Chapter 8 of the Labour

    Protection Act, B.E. 2541 (A.D. 1998) still effective are as follows.

    1. MinisterialRegulation,MinistryofLabour,ontheprescribingofstandard foradministration and management of occupational safety, health and work environment

    in confined space, B.E. 2547 (A.D. 2004)

    2. MinisterialRegulation,MinistryofLabour,ontheprescribingofstandard foradministration and management of occupational safety, health and environment in

    relation to ionizing radiation, B.E. 2547 (A.D. 2004)

    3. MinisterialRegulation,MinistryofLabour,ontheprescribingofcriteriaand method ofconducting health check up of employees and forwarding the results of health check

    up to labour inspectors, B.E. 2547 (A.D. 2004)

    4. MinisterialRegulation,MinistryofLabour,ontheprescribingofstandard foradministration and management of occupational safety, health and environment in

    relation to diving work, B.E. 2548 (A.D. 2005)

    5. MinisterialRegulation,MinistryofLabour,ontheprescribingofstandard foradministration and management of occupational safety, health and environment in

    relation to heat, light and noise, B.E. 2549 (A.D. 2006)

    6. MinisterialRegulation,MinistryofLabour,ontheprescribingofstandard foradministration and management of occupational safety, health and environment, B.E.

    2549 (A.D. 2006)

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    PERATURAN PEMERINTAH K3 (KESELAMATAN DAN

    KESEHATAN KERJA) DI BERBAGAI NEGARA

    7. MinisterialRegulation,MinistryofLabour,ontheprescribingofstandard foradministration and management of occupational safety, health and environment in

    relation to construction work, B.E. 2551 (A.D. 2008)

    8. MinisterialRegulation,MinistryofLabour,ontheprescribingofstandard foradministration and management of occupational safety, health and environment in

    relation to machinery, crane and radiator, B.E. 2552 (A.D. 2009)

    9. MinisterialRegulation,MinistryofLabour,ontheprescribingofstandard foradministration and management of occupational safety, health and environment

    (No.2), B.E. 2553 (A.D. 2010)

    Apart from the aforementioned laws, there are other OSH and working environment

    provisions prescribed under other Acts as follows:

    1) The State Enterprise Relations Act, B.E. 2543 (A.D. 2000)Notification by the State Enterprise Relations Committee on the minimum

    employment standards of state enterprises, B.E. 2549 (A.D. 2006)

    2) The Home Worker Protection Act, B.E. 2553 (A.D. 2010)3) The Labour Protection Act, B.E.2541 (A.D.1998), amended by (No.2) B.E.2551 (A.D.

    2008):

    Ministerial Regulations No. 2, B.E. 2541 (A.D. 1998) on the works that may beharmful to the health and safety of employees

    Ministerial Regulations No. 6, B.E. 2541 (A.D. 1998) on the works for which anemployer is prohibited from requiring an employee under eighteen years of age to

    perform.

    Ministerial Regulations No. 11, B.E. 2541 (A.D. 1998) on protection of maritimetransport and logistics worker

    Ministerial Regulations on allowed loading weights, B.E.2547 (A.D.2004) Ministerial Regulations on protection of agricultural workers, B.E. 2547

    (A.D.2004)

    Ministerial Regulations on welfare facilities at workplaces, B.E. 2548(A.D.2005).

    OSH and working environment laws administered by the Social Security Office,

    Minister of Labour

    The aforementioned laws include:

    1) The Workmens Compensation Fund Act, B.E. 2537 (A.D. 1994)

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    PERATURAN PEMERINTAH K3 (KESELAMATAN DAN

    KESEHATAN KERJA) DI BERBAGAI NEGARA

    2) The Ministerial Notification by Minister of Labour on diseases classified by nature or

    working conditions or work related factors, B.E. 2550 (A.D. 2007)

    OSH related laws administered by other agencies.

    Those laws are of the following lists:

    1) The Factory Act, B.E.2535 (A.D.1992) administered by the Ministry of Industry.2) The Hazardous Substances Act, B.E.2535(A.D.1992), amended by (No.2), B.E. 2544

    (A.D. 2001) and (No. 3) B.E. 2551 (A.D. 2008) administered by the Ministry of

    Industry, Ministry of Public Health, Ministry of Science and Technology, Ministry of

    Interior, Ministry of Energy, Ministry of Natural Resources and Environment,

    Ministry of Transport, Ministry of Defense, and Ministry of Agriculture and

    Cooperatives.

    3) The Public Health Act, B.E.2535(A.D.1992), amended by (No.2), B.E.2550 (A.D.2007) administered by the Ministry of Public Health.

    4) The National Environment Conservation Act, B.E.2535 administered by the Ministryof Natural Resources and Environment.

    5) The Building Control Act B.E.2522(A.D.1979), amended by (No.2),B.E.2535 (A.D.1992), (No. 3), B.E. 2543 (A.D. 2000) and (No. 4), B.E. 2550 (A.D. 2007)

    administered by the Ministry of Interior.

    6) The Atomic Energy for Peace Act, B.E.2504 (A.D.1961), amended by(No.2)B.E.2508 (A.D. 1965) administered by the Ministry of Science and Technology.

    7) The Disaster Prevention and Mitigation Act, B.E.2550 (A.D.2007) administered bythe ministry of Interior.

    8) Relevant local laws.This act can be accessed on

    http://www.oshthai.org/upload/file_linkitem/20111004090006_1.pdf

    http://www.oshthai.org/upload/file_linkitem/20111004090006_1.pdfhttp://www.oshthai.org/upload/file_linkitem/20111004090006_1.pdfhttp://www.oshthai.org/upload/file_linkitem/20111004090006_1.pdf
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    PERATURAN PEMERINTAH K3 (KESELAMATAN DAN

    KESEHATAN KERJA) DI BERBAGAI NEGARA

    Salah satu kutipan:

    Referensi :http://www.oshthai.org/

    IndiaFACTORIES ACT, 1948.

    The Rules are framed by the respective State Governments.

    Can be accessed on

    http://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/The%20Factories%20Act%

    2C%201948.pdf

    Salah satu kutipannya:

    MINES ACT, 1952.

    Coal Mines Regulations, 1957.

    Metalliferous Mines Regulations, 1961.

    Oil Mines Regulations, 1984.

    http://www.oshthai.org/http://www.oshthai.org/http://www.oshthai.org/http://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/The%20Factories%20Act%2C%201948.pdfhttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/The%20Factories%20Act%2C%201948.pdfhttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/The%20Factories%20Act%2C%201948.pdfhttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/The%20Factories%20Act%2C%201948.pdfhttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/The%20Factories%20Act%2C%201948.pdfhttp://www.oshthai.org/
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    PERATURAN PEMERINTAH K3 (KESELAMATAN DAN

    KESEHATAN KERJA) DI BERBAGAI NEGARA

    This Act can be accessed on

    http://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/The%20Mines%20Act%2C

    %201952.pdf

    Salah satu kutipannya:

    DOCK WORKERS (SAFETY, HEALTH AND WELFARE) ACT, 1986.

    Dock Workers (Safety, Health and Welfare) Rules and Regulations 1990.

    This act can be accessed on

    http://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/TheDockWorkers(Safety,%

    20Health%20&%20Welfare)Act1986.pdf

    Salah satu kutipannya:

    Referensi :http://labour.nic.in/content/division/acts--regulation.php

    JamaikaThe main Act is entitled THE FACTORIES ACT

    and its accompanying regulations are:

    THE FACTORIES REGULATIONS 1961

    http://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/The%20Mines%20Act%2C%201952.pdfhttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/The%20Mines%20Act%2C%201952.pdfhttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/The%20Mines%20Act%2C%201952.pdfhttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/TheDockWorkers(Safety,%20Health%20&%20Welfare)Act1986.pdfhttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/TheDockWorkers(Safety,%20Health%20&%20Welfare)Act1986.pdfhttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/TheDockWorkers(Safety,%20Health%20&%20Welfare)Act1986.pdfhttp://labour.nic.in/content/division/acts--regulation.phphttp://labour.nic.in/content/division/acts--regulation.phphttp://labour.nic.in/content/division/acts--regulation.phphttp://labour.nic.in/content/division/acts--regulation.phphttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/TheDockWorkers(Safety,%20Health%20&%20Welfare)Act1986.pdfhttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/TheDockWorkers(Safety,%20Health%20&%20Welfare)Act1986.pdfhttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/The%20Mines%20Act%2C%201952.pdfhttp://labour.nic.in/upload/uploadfiles/files/Divisions/ISH/The%20Mines%20Act%2C%201952.pdf
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    PERATURAN PEMERINTAH K3 (KESELAMATAN DAN

    KESEHATAN KERJA) DI BERBAGAI NEGARA

    Can be accessed onhttp://www.mlss.gov.jm/eoshd/Regl.php#TOP

    Salah satu kutipannya :

    THE BUILDING OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION

    1968

    Can be accesed onhttp://www.mlss.gov.jm/eoshd/forms/BOWEC_Regulations.pdf

    Salah satu kutipannya :

    THE SHIP AND DOCKS REGULATIONS 1968

    Can be accessed on http://www.mlss.gov.jm/eoshd/forms/Docks_Regulations.pdf

    Salah satu kutipannya :

    At this time, the Ministry is in the process of introducing new legislation entitled the

    Occupational Safety and Health Act . This Act will be more far reaching in its jurisdiction

    than the present Act. For this reason all forms presently being used may be discontinued or

    redesigned to facilitate the new Act. Hence only the pertinent forms that are likely to survive

    the transition to the new legislation are attached.

    Referensi : http://www.mlss.gov.jm/pub/index.php?artid=15

    http://www.mlss.gov.jm/eoshd/Regl.php#TOPhttp://www.mlss.gov.jm/eoshd/Regl.php#TOPhttp://www.mlss.gov.jm/eoshd/Regl.php#TOPhttp://www.mlss.gov.jm/eoshd/forms/BOWEC_Regulations.pdfhttp://www.mlss.gov.jm/eoshd/forms/BOWEC_Regulations.pdfhttp://www.mlss.gov.jm/eoshd/forms/BOWEC_Regulations.pdfhttp://www.mlss.gov.jm/eoshd/forms/Docks_Regulations.pdfhttp://www.mlss.gov.jm/eoshd/forms/Docks_Regulations.pdfhttp://www.mlss.gov.jm/eoshd/forms/Docks_Regulations.pdfhttp://www.mlss.gov.jm/eoshd/forms/BOWEC_Regulations.pdfhttp://www.mlss.gov.jm/eoshd/Regl.php#TOP
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    PERATURAN PEMERINTAH K3 (KESELAMATAN DAN

    KESEHATAN KERJA) DI BERBAGAI NEGARA