Occupational Safety And Health (OSH) for Subcontractors and Daily Casual Workers in Indonesian Construction

Abstract

The construction industry has one of the highest rates of occupational accidents in Indonesia. Ironically, the majority of the construction workforce consists of subcontractors and casual workers (PHL), who tend to work without adequate job protection. This article aims to examine legal gaps in OHS protection for these groups of workers, analyse risk patterns and implementation barriers, and provide policy recommendations to strengthen the OHS protection system comprehensively. The research employs a normative-juridical approach combined with empirical-juridical (socio-legal) elements. The normative approach examines the regulatory aspects and legal doctrines that govern occupational safety and health (OHS) in the construction sector, with a particular focus on the protection of subcontractors and casual workers. The empirical approach involves understanding field practices through case studies of workplace accidents, investigative reports and the actual conditions of labour structures in construction projects. The study reveals that, despite having a relatively comprehensive OSH regulatory framework, Indonesia's protection for subcontractors and casual workers remains inadequate due to weak implementation and oversight. These legal gaps include the absence of explicit obligations for main contractors to supervise subcontractor OSH, a lack of specific regulations for casual workers, gaps in OSH supervision, an absence of a project worker registration system and minimum training standards. Strengthening main contractor responsibilities and subcontracting standards, and improving OSH culture, are key to ensuring that all construction workers are effectively protected.