In an effort to eradicate Tuberculosis (“TB”) in Indonesia, employers now have additional obligations in connection with TB management. Recently, the Minister of Manpower (“MOM”) issued MOM Regulation No. 13 of 2022 dated September 22, 2022 on Tuberculosis Management in Workplaces (the “Regulation”). The issuance of the Regulation is intended to support the national tuberculosis control which targets in eliminating TB by 2030 and Indonesia will be free from TB in 2050.
The Regulation provides a technical guideline in TB management in workplaces and to push the effectiveness on TB management consistent with Law No. 1 of 1970 dated January 12, 1970 on Work Safety and Presidential Regulation No. 67 of 2021 dated August 2, 2021, on Management of Tuberculosis.
Below, we set out the key provisions of the Regulation.
♦ Formulation of TB Management Policies and TB Socialization
An employer must formulate a TB Management Policy for its workplace. Such policy shall be made to include at least the following: (i) a commitment to conducting TB management, (ii) a work plan for TB Management, and (iii) elimination of discrimination against any employee suffering from TB.
An employer shall also socialize, disseminate information, and educate its employees regarding TB in the workplace. Such action shall be conducted in the form of, among others, (i) TB Management policies; (ii) cultivating a clean and healthy lifestyle; (iv) education on the impact of comorbidities on the worsening of tuberculosis; and (v) maintenance and improvement of the quality of the workplace.
♦ TB Case Handling
In handling the TB case, an employer shall identify cases by conducting (i) an initial and regular medical check-up for its employees, (ii) a special medical check-up for employees in certain risk groups, and (iii) investigating and examining close contact cases at workplace. The Regulation suggests that the finding of TB cases may also be obtained from the diagnosis of health care facilities. It is now mandatory for an employee who suffers or knows the possibility of TB case in the workplace to report it to the employer.
Based on the case finding from the medical check-up or the reporting from an employee, an employer shall ensure that the employee obtains medical treatment in accordance with the National TB Management guidelines and shall monitor the medication progress of its employees.
After a TB case is found, an employer shall monitor the workplace and take appropriate control measures in accordance with the applicable laws and regulations.
♦ TB Recovery
An employer shall provide the rehabilitation support that is required by its employees after the TB handling. An wmployee who suffers from TB shall also return to work after obtaining an assessment and confirmation of the fitness to work by an employer's doctor or the employee's treating doctor.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
