Client COVID-19 INSIGHTS CENTER/ Newsflash
DKI Jakarta PSBB Transition Period Extended; Workplaces Guidance
On July 2, 2020, with the issuance of Governor of DKI Jakarta Decree No. 647 of 2020 on Extension of Enforcement, Phase, and Implementation of Large-Scale Social Restrictions Activities at Transition Period Towards Healthy, Safe, and Productive Community (the “Decree”) the Governor of DKI Jakarta officially extended the implementation of its transitional phase of the Large-Scale Social Restrictions (Pembatasan Sosial Berskala Besar – “PSBB”) for 14 (fourteen) days effective as of July 3 until July 16.
The transitional phase which was initially introduced by the Governor of DKI Jakarta last month was intended to ease the implementation of the PSBB, in order to maintain the productive socio-economic activities (such period, the “Transition Period”).
Under the Decree, the implementation of the Transition Period shall refer to Governor of DKI Jakarta Regulation No. 51 of 2020 dated June 4, 2020 on the Implementation of Large-Scale Social Restrictions during Transition Period Towards Healthy, Safe, and Productive Community (the “Regulation”).
In principle, during the Transition Period the implementation of the PSBB in DKI Jakarta will be relaxed to a certain extent, including reopening of the workplaces of various businesses sectors.
- Workplaces Guidance
Pursuant to the Decree and the Regulation, the Transition Period is an attempt to slowly lift the restriction under the implementation of the PSBB until a ‘new normal’ is reached.
The guidance for workplaces is also set out the Head Manpower Office of DKI Jakarta Decree No. 1363 of 2020 as lastly amended by Decree No. 1477 of 2020 on the Protocols for the Prevention and Mitigation of Covid-19 in Office Workplaces during the Transition Period Towards Healthy, Safe, and Productive Community (the “Protocols”).
We set out below the summary of the guidance under the Regulation and the Protocols that clearly sets out the obligation for workplaces or businesses:
- Implement Clean and Healthy Behavior (Perilaku Hidup Bersih dan Sehat);
This is a set of behaviors that are practiced on the basis of awareness to prevent self-exposure and the environment from the Covid-19 outbreak. Based on the Regulation, the Clean and Healthy Behavior comprises the following behaviors:
- limit the activities outside house only for activities that are important and urgent;
- maintain personal health condition and do not conduct activities outside house when feeling unwell;
- limit the activities outside house for those who have a high risk when exposed to Covid-19;
- perform physical distancing within a range of at least 1 meter;
- limit yourself not to be in a crowd;
- avoid sharing personal tools/objects;
- wash hands with clean water and soap before and/or the activities;
- perform regular exercise; and
- consume healthy and nutritiously balanced foods.
- Implement the following measures in conducting the activities at workplaces:
- establish an internal Covid-19 task force at workplaces which consists of the management, HRD department, Occupational Health and Safety (OHS) department, and health officers;
- limit the number of people who are at workplaces at any time to be not more than 50% (fifty percent) of the total number of the people at workplaces;
- conduct the arrangement of working days, working hours, working shifts and working system to adapt the conditions of the Covid-19 outbreak taking into account the health protocols (with the minimum of 3 (three)-hour spacing between one work shift to another);
- conduct the arrangement for the use of employees’ facilities at workplaces to prevent a crowd (religious facilities, canteens, rest areas, sport facilities, entertainment facilities, etc.);
- require employees and guests/visitors to, at all times, wear masks and other personal protective equipment as needed while at workplaces;
- ensure that all parts of workplaces areas are clean and hygienic by conducting periodic cleaning using cleansers and disinfectants, particularly, door handles and stairs, elevator buttons, shared office equipment, other public facilities and areas;
- implement the body temperature examination before a person enters workplaces;
- provide sanitary hygiene tools such as hand sanitizers in each entrance area and around workplaces;
- provide hand washing facilities with running water and soap;
- an employer is prohibited from terminating the employment of an employee who is in the self-quarantine period for health reason and the employer shall continue to provide the rights of such employee;
- ensure that when employees are at workplaces they are not infected by the Covid-19 by conducting a Covid-19 Risk-Self Assessment on the employees 1 (one) day before they work at workplaces as well as require guests/visitors to fill in certain Self-Assessment Forms;
- maintain a physical distancing in all working activities, arrange a distance between employees of not less than 1 (one) meter in all working activities;
- maximize the use of technology to minimize any direct contact between employees;
- reduce the use of meeting rooms by maximizing virtual meetings, despite being in the vicinity;
- health officers/OHS Department officers/HRD officers shall proactively conduct supervision on an employee’s health;
- avoid jointly using personal tools such as personal praying effects, cutlery, etc.;
- encourage every employee to use private vehicles in commuting, preferably bicycles or on foot;
- provide supporting facilities for employees who cycle to workplaces (parking space, shower facilities, etc.);
- clean office operational vehicles and equipping them with personal protective equipment and sanitary hygiene tools as needed;
- carry out prevention measure of transmission such as installing glass screens or dividers for employees who serve guests/customers, etc.;
- provide a separate area/room for the observation of employees, guests/visitors who are found to have symptoms during screening;
- an employer shall provide a work order, an ID card, and an office uniform to employees who are assigned to work;
- employers shall pay attention to the latest information, as well as any guidance or instructions of the relevant Central and Regional-Level Governments, and also inform all employees through the most effective facilities, infrastructure, and media;
- employers shall also provide guidance for workers who do not implement the protocol for the prevention and mitigation of Covid-19; and
- create and announce an integrity pact (pakta integritas) and Covid-19 prevention protocols and put it in the place that are easily accessible.
- Reporting Obligation
Under the Protocols, an employer is required to report the implementation of the above guidance during the Transition Period through https://bit.ly/bekerja-kembali. The reporting obligation is in the form of a list of questionnaires on the implementation of the guidance by the employer. Through the link above, the employer shall also be required to upload the integrity pact which was already signed. The employer may also see the integrity pact template through such link.
Under the Regulation, any violation of the implementation of the Transition Period on the workplace guidance above may be subject to a written warning or a monetary fine in the amount of up to Rp25,000,000 (twenty million Rupiah).
July 8, 2020
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