16 June 2020

Indonesia

Health Protocols and Guidelines for Workplace during PSBB Transition Phase in DKI Jakarta Province in light of COVID-19 Outbreak

Health protocols during PSBB Transition Phase in DKI Jakarta Province

The Governor of DKI Jakarta has issued Governor Regulation No. 51 of 2020 and Regulation No. 563 of 2020 on the Implementation of Large Scale Social Restrictions (“PSBB”) during the Transition Period to a Healthy, Safe and Productive Public (“Governor Regulations”). The transition period started from 5 June 2020 and has been implemented to lift the PSBB that have been in place since 10 April 2020.

The Governor Regulations regulate the provisions relating to the implementation of a clean and safe lifestyle during COVID-19 outbreak/Perilaku Hidup Bersih dan Sehat di Masa Covid-19 “PHBS”), healthcare improvement measures, applicable health protocols, transportation controls and sanctions.

PHBS is intended to prevent the transmission and spread of COVID-19 by improving personal health and environment. Inhabitants of DKI Jakarta are obliged to adhere to the below requirements:

Party	Requirements
Individuals domiciled in DKI Jakarta	wear masks when outside their homes; do the following specific PHBS activities: limit outdoor activities; prioritise indoor activities, particularly if the persons in question are feeling ill; implement physical distancing (by keeping a minimum distance of one meter between persons); avoid mass gatherings and activities; and so forth.
Person in Charge (“PIC”) in locations where public activities take place	implement certain health protocols (i.e. hygiene and environmental sanitation, screening of all visitors, physical distancing, etc.); provide infrastructure and facilities capable of supporting COVID-19 PHBS; educate the general public to take responsibility for the implementation of PSHB policy; and exercise internal supervision.

In the event that any person is categorised as an Asymptomatic Person (Orang Tanpa Gejala /OTG), Person under Monitoring (Orang Dalam Pemantauan/ODP), Patient under Surveillance (Pasien Dalam Pengawasan/PDP) or confirmed COVID-19 patient, then the PIC in the location of the relevant public activities will be required to:

report and coordinate with health centers or Health Agencies (Dinas Kesehatan);
temporarily halt all activities for a period of 24 hours in order to clean and disinfect the relevant location;
immediately clean and disinfect the contaminated area(s);
ensure clear air circulation if the air has been contaminated by infected workers; and
provide health checks and self-isolation/quarantine for workers and/or members of the general public who have had any physical contact with any infected persons.

Applicable health protocols are divided into the following sectors:

school and/or educational institutions (“Group A”);
religious activities (“Group B”);
workplace (“Group C”);
public places/facilities (“Group D”); and
social and cultural activities (“Group E”).

The protocols for each group are as follows:

Health Protocols

implement specific health protocols

✓

make the use of masks mandatory

✓

implement initial screenings (body temperature checks)

✓

provide handwashing facilities

✓

implement physical distancing (by keeping a minimum distance of 1 meter between persons)

✓

ensure and maintain the cleanliness of the relevant areas and spray disinfectant throughout the areas

✓

establish and announce COVD-19 mitigation protocol policies

✓

set the maximum visitor quotas

50%

implement protocols for using relevant personal equipment (i.e. any items which are used during worship)

✓

comply with health protocols, as established by the relevant organisation

✓

form a COVID-19 task force

✓

keep to fluid visitor schedules

✓

provide hand sanitizer

✓

prohibit the termination of any workers who test positive for COVID-19

✓

proactively monitor the health of workers

✓

Sanctions imposed on individuals and PIC who fail to comply with the requirements in Governor Regulations are:

Party	Sanctions
Individuals who do not wear face masks in public places	Community service; or Administrative fines amounting to IDR250,000
Any location PIC of Group A and/or Group B	Written reprimands
Any location PIC of Group C	Written reprimands; or Administrative fines amounting to IDR25 million
Any location PIC of Group D	Written reprimands; or Administrative fines amounting to IDR25 million
Any location PIC of Group E	Written reprimands; or Administrative fines amounting to IDR25 million

If COVID-19 new cases increase significantly during the transition period based on the observation and evaluation of COVID-19 task force, the transition period will be stopped temporarily. If the transition period is stopped, PSBB will be re-implemented.

Guidelines for workplace during COVID-19 Outbreak

The Minister of Health (“Minister”) has issued Decree No. HK.01.07/MENKES/328/2020 on Guidelines for the Prevention and Control of Corona Virus Disease 2019 (COVID-19) within Office and Industrial Workplaces in Order to Support Business Continuity during the Pandemic Emergency (“Decree 328/2020”).

To prepare mitigation measures for office and industrial workplaces, the below guidelines must be complied with by the employers and employees.

Workplace operations during the PSBB Period

In order to prevent and control the potential spread of COVID-19 within offices and industrial workplaces during the PSBB period, Decree 328/2020 establishes a comprehensive set of guidelines, as addressed in the following table:

Management policies aimed at preventing the spread of COVID-19	Management should constantly monitor the developments and update information about COVID-19 within its areas of operation. Such information can be accessed via: http://infeksiemerging.kemkes.go.id Form a COVID-19 management team within the workplace. Heads of workplaces and employers should establish policies and procedures through which employees can report suspected COVID-19 cases; Prohibit stigmatisation of positive COVID-19 cases; Establish a work-from-home policy which determines employees who are required to attend the workplace and employees who are able to work from home.
Policies for employees required to work within the workplace during the PSBB period	Implement body temperature checks through the use of thermometer guns and by requiring all employees to implement self-assessments in relation to the COVID-19 risk; Workplace managements are expected to schedule fewer overtime hours; Cancel nightshifts if possible. Otherwise, nightshifts must be arranged so that only employees below 50 years of age are required to work; Require employees to wear masks during their daily commutes and within the workplace; Control any nutritional intake which is provided within the workplace and provide vitamin C supplements to employees (if possible); Equip a safe and healthy workplace by: 1. providing hygienic and sanitary workplaces which are cleaned using disinfectant once every four hours, particularly in frequently-used areas; 2. providing hand-washing facilities, such as soaps, running water and hand sanitizers; 3. implementing physical distancing during work activities; and 4. promoting initiatives aimed at encouraging healthy lifestyles and communities.
Promotion of COVID-19 education among employees	Education is to be conducted intensively among all employees and their families in order to disseminate true understanding of the COVID19 pandemic. The following subjects should be covered: 1. Causes of COVID-19 and its prevention; 2. Identification of early symptoms; 3. Healthy living practices; and 4. Procedure for the reporting and inspection of suspected COVID-19 cases.

If you have any questions or require any additional information, please contact Jade Hwang at <jade.hwang@zicolaw.com> or Andina Sitoresmi <andina.sitoresmi@zicolaw.com> or Yocky Fajri <yocky.fajri@zicolaw.com> of Roosdiono & Partners (a member of ZICO Law).

This alert is for general information only and is not a substitute for legal advice. It may not be reproduced in any manner without prior consent. This article represents the author’s opinion and does not necessarily reflect that of Roosdiono & Partners and/or the ZICOlaw Network. All rights reserved.

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