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Analysis: Safety standards under scrutiny after explosion in Morowali
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The smelter facility of PT Gunbuster Nickel Industry (GNI) in North Morowali, Central Sulawesi. (The Jakarta Post/PT Gunbuster Nickel Industry)
T
he occupational safety and health (OSH) standard at the nickel-focused Indonesia Morowali Industrial Park (IMIP) is under scrutiny after explosions blasted in Tsinghan subsidiary Indonesia Tsingshan Stainless Steel’s (ITSS) nickel furnace located in the industrial park. The deadly incident adds to the series of OSH incidents in the industrial park, raising concerns over its OSH regulation implementation.
IMIP, whose largest shareholder is a Tsingshan Holding Group subsidiary, explained that the accident, occurring at 17.30 Central Indonesia Time (WITA) on Dec. 24, 2023, was caused by residual explosive liquid in the furnace while workers were installing plates and performing repairs. The blast triggered further explosions due to nearby oxygen cylinders that are used for said repairs. In the aftermath, the accident led to the death of 21 workers as of Jan. 2, 2024, comprising of 13 Indonesian citizens and eight Chinese expatriates. Furthermore, 38 workers require intensive care.
The Central Sulawesi Regional Police Force stated that based on witness statements, there might have been a violation of Article 359 and 360 of the Indonesian Criminal Code (KUHP), with those proven to be responsible for causing the incident could be charged for up to five years in prison.
Universitas Trisakti criminal law expert Abdul Fickar Hajar added that that those whose orders or participation led to the accident, such as by tasking unqualified workers with inadequate equipment, can also be charged with Article 55 and 56 of the KUHP. Therefore, observers are urging that not only field workers who were directly involved in the accident to be charged, but also those in the top management for failing to build a system that ensures workers’ safety.
The Indonesian Forum for the Environment (Walhi)’s Central Sulawesi chapter noted that three OSH incidents within IMIP in 2023 did not result in penalties for the firms involved. Instead, the firms punished workers demanding their rights. At the same time, Association of People's Emancipation and Ecological Action (AEER) found that IMIP’s economic benefit to locals was suboptimal, although its research may have been muddled by impacts from the COVID-19 pandemic. In the end, ITSS accident prompted House of Representatives Commission VII to request for audits on all smelters in IMIP.
According to initial analysis of ITSS documents by an oversight team consisting of Manpower Ministry and Central Sulawesi Manpower Office officials, ITSS shows indications that they have not completed the occupational health and safety management system (OSHMS) audit required by Government Regulation No. 50/2012 for firms with more than 100 workers. However, ITSS responded that it has received the ISO:45001 OHSMS certification in 2018. Furthermore, a team member told Tempo that only Huayeu Nickel Cobalt has completed an OHSMS audit among firms that operate in IMIP.
Workers held a rally ton Dec. 27 in light of the accident. Among their demands are for IMIP to provide compensation for victims of the accident, in which IMIP had given Rp600 million (US$38,617) for families of those killed and varying undisclosed payments for those injured, while keep ensuring workplace safety. Other demands include, among others, periodic renovations, ensuring qualified and competent OSH officials, as well as increasing healthcare facilities, which includes the provision of more ambulances.
