Legal Risks and Administrative Sanctions for Companies
Working at height without certification constitutes a serious violation of Indonesian labor law. Employers who neglect the licensing requirements for their personnel place their businesses in a vulnerable position to claims from the state and third parties.
Violation of Law No. 1 of 1970 on Occupational Safety and Minister of Manpower Regulation No. 9 of 2016
Law No. 1 of 1970 requires employers to ensure and protect the safety of every worker. Its provisions emphasize that workers at height must receive proper training and recognized competence. Such violations can form the basis for prosecution in cases of safety malpractice.
Minister of Manpower Regulation No. 9 of 2016 specifically governs occupational safety and health (OSH) for work at height, including the obligation for employers to provide competent workers, emergency response plans, and appropriate equipment. Without TKBT Level 1 or Level 2 certification, operations are considered to lack qualified personnel, making all related activities potentially illegal.
Sanctions Ranging from Written Warnings to Business License Revocation
Labor inspectors have the authority to impose graduated sanctions, starting from written warnings, restrictions on business activities, and ultimately revocation of business licenses. Repeated violations may result in the company being blacklisted, making it difficult to win national strategic project tenders. These sanctions aim to enforce national OSH discipline.
Criminal Liability of Supervisors and Managers in Fatal Accidents
If a fatal accident occurs, criminal liability may extend to individual supervisors or project managers due to negligence (Article 359 of the Indonesian Criminal Code or related provisions). Investigations will focus on the validity of workers’ licenses as proof of compliance with OSH procedures. TKBT certification becomes a key legal protection for field leaders.