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RAINFOREST ALLIANCE
APPLICABLE LAW ASSESSMENT
RA 2020 STANDARD
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Certification body:EKOINSPEKT ULUSLARARASI BELGELENDIRME DENETIM GOZETIM TEKNIK KONTROL VE EGITIM HIZMETLERI LTD. STI.For internal use only
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Country:INDONESIAReviewed by:
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Date submitted1/31/2023Approved by:
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Contact person:MUSTAFA CETINKAYAApproved date:
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Instructions
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The Certification Body (CB) should list applicable local laws for all core requirement of the RA 2020 Standard according to the geographic scope requested (the format should include individual legislations for each country). The following is a brief explanation of how to complete the template:
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Topic: Include the topic covered in the requirement, for example: Natural Ecosystems, Agrochemicals, etc.
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Related standard requirement number: Include the number of the specific related requirement, for example: No. 4.5.1
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National Legislation Reference:
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Legislation name: Include the name of the national legislation related to the criterion, for example: Labor Code, Decree No. 1441.
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ILO convention name (if applicable): If there is an applicable ILO convention, indicate the name of that convention and its respective number. e.g. "ILO Convention, Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)" If there are any sector wide agreements or CBAs that might be relevant, feel free to indicate those as well.
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Title: Include the title within the national legislation that refers to the criterion to be evaluated, for example: Contracts and collective bargaining.
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Articles to be reviewed: Indicate the # or #s of the articles to be reviewed, with respect to the criterion compliance, for example: Articles 57 to 60.
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If RA standard goes beyond the national legislation, please indicate on which areas: please perform an analysis of the applicable legislation and where the RA Standard might go beyond the legislation.
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National Legislation Reference
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TOPICRelated standard requirement numberLegislation NameCBA if applicable ILO convention name (if applicable)TitleArticles to reviewIf RA standard goes beyond the national legislation, please indicate on which areasColumn1
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Group Management1.1.1No LawNANANANANANA
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Documented and implemented Management Plan which addresses each applicable Rainforest Alliance Supply Chain requirement. 1.1.3No LawNANANANANANA
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The supply chain actor has devised, adopted and disseminated one or more policies for ensuring responsible business conduct in its own operations, supply chain and other business relationships1.1.4No LawNANANANANANA
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Collective Bargaining1.2.1 Law 21/2000. of IndonesiaCBA's are company /organisation wise or for group of producersRight to Organise and Collective Bargaining Convention, 1949 (No. 98)that freedom of association and the right to organize, to express one's
thoughts either orally or in writing, to have a job and to earn a living that is
proper from the viewpoint of humanity, and to have equal position in the
eyes of the law are the rights of every citizen;
2. That in order to realize the freedom to organize, workers/ laborers have
the right to establish and develop a trade union/ labor union that is free,
open, independent, democratic and responsible;
3. That the trade union/ labor union is a vehicle to further, protect and defend
the interests and welfare of workers/ laborers and their families, and to
realize industrial relations that are harmonious, dynamic and uphold
justice;
4. That, based on considerations as referred to under points a, b, and c, it is
necessary to establish Act concerning Trade Union/ Labor Union;
Article 25 says that a trade union/ labor union, federation and confederation of trade unions/ labor unions that has a record number has the right to
a. Negotiate a collective labour agreement with the
management;
b. Represent workers/ laborers in industrial dispute
settlements;
c. Represent workers/ laborers in manpower institutions;
d. Establish an institution or carry out activities related to
efforts to improve workers/ laborers' welfare.
e. Carry out other manpower or employment related
activities that do not run against valid national statutory
rules and regulations.
Not the casehttp://www.ilo.org/dyn/natlex/docs/MONOGRAPH/57553/119982/F313591142/IDN57553%20Eng.pdf
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Service provider evaluation mechanism1.2.2No LawNANANANANANA
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Subcontractors and suppliers' compliance to certification rules1.2.3No LawNANANANANANA
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Registry of group members1.2.4No LawNANANANANANA
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Worker details( Full name, Gender
Year of birth,
Start and end date(s) of employment,
Wages


Housing
1.2.5ACT OF THE REPUBLIC OF INDONESIA
NUMBER 13 YEAR 2003
CONCERNING MANPOWER
NANA
That Indonesia’s national development shall be implemented within the framework of building
Indonesians as fully-integrated human beings and of building the whole Indonesian society in order to
realize a society in which there shall be welfare, justice and prosperity based on equity both materially
and spiritually with the Pancasila and the 1945 Constitution at its foundation.
b. That in the implementation of national development, workers have a very important role and position
as actors of development as well as the goal of development itself;
c. That in accordance with the role and position of workers, manpower development is required to
enhance the quality of workers as well as their role and participation in national development and in
improving protection for workers and their families in respect to human dignity and values;
d. That protection of workers is intended to safeguard the fundamental rights of workers and to secure the
implementation of equal opportunity and equal treatment without discrimination on whatever basis in
order to realize the welfare of workers/ labourers and their family by continuing to observe the
development of progress made by the world of business;
e. That several acts on manpower are considered no longer relevant to the need and demand of manpower
development and hence, need to be abolished and/or revoked;
f. That based on the considerations as referred to under points a, b, c, d and e, it is necessary to establish
an Act on Manpower.

Article 54 (2) The letter of appointment as referred to under subsection (1) shall at least contain information
concerning:
a. The name and address of the worker/ labourer;
b. The date the worker starts to work;
c. The type of job or work that the worker is supposed to do;
d. The amount of wage that the worker is entitled to.
NA
https://www.ilo.org/dyn/travail/docs/760/Indonesian+Labour+Law+-+Act+13+of+2003.pdf
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List of permanent of temporary workers1.2.6As AboveNANAAs aboveAs above
The Act does not specifically say to make list of workers. There is differentiation between permanent and temporary workers
Standard specifically states to make the list of permanent and temporary workersAs above
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Information given through Predominant language to workers1.2.7As aboveNANAAs aboveArticles 22, 50 to 66 specifies that a written labour agreement shall be concluded in Indonesian language. The clauses also give the other related requirements for agreements with workersNAAs above
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Sign agreement between both parties (GA and Members)1.2.8As aboveNANANANANANA
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Records of last four years1.2.9No LawNANANANAYes, RA standard makes it mandatory for retaining the records for at least 4 yearsNA
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An up to date map of the farm (large farms) or the farm area (group of small farms) is available
Sketches
1.2.10
No LawNANANANANANA
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A sketch of the farm is available1.2.11No LawNANANANANANA
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Geolocation data is available for 100% of the farms. At least 10% is in the form of polygons1.2.12No LawNANANANANANA
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A polygon is available of the farm, including all farm units. 1.2.13No LawNANANANANANA
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list of workers trained and have the knowledge effectively implement the supply chain Management Plan.1.2.16No LawNANANANANANA
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Multi-site administrator maintains a list of sites to be included in the certificate 1.2.17No LawNANANANANANA
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Risk assessment 1.3.1ACT OF THE REPUBLIC OF INDONESIA
NUMBER 13 YEAR 2003
CONCERNING MANPOWER
NANAas in G28Article 87 says that occupational safety and health management system is part of the overall management
system of the enterprise, which includes organizational structure, planning,
implementation, responsibility, procedures, processes, and resources that are needed for
the development, application, achievement, study and maintenance of the enterprise’s
occupational safety and health policy in order to control the risks associated with working activities for the creation of secure, efficient and productive workplace
NASame as J28
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Management Plan1.3.2No LawNANANANANANA
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Management provides group members with services based on the Management Plan1.3.3No LawNANANANANANA
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Management provides workers with services based on the Management Plan.1.3.4No LawNANANANANANA
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Internal inspection and self-assessment1.4.1,No LawNANANANANANA
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Internal inspection and self-assessment1.4.2No LawNANANANANANA
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Internal approval and sanction mechanism1.4.3No LawNANANANANANA
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Internal inspection and self-assessment1.4.4No LawNANANANANANA
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Grievance Mechanism1.5.1No Law specific to address greivance mechanism within organisation but workers can complaint to labour officeNANANANAYes, RA standard makes it mandatoryto have grievance mechanism within organisationNA
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Gender equality1.6.1The constitution of Indonesia

ACT OF THE REPUBLIC OF INDONESIA
NUMBER 13 YEAR 2003
CONCERNING MANPOWER
NAC100 - Equal Remuneration Convention, 1951 (No. 100)
C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
as in G28Articles ,4,5,6.12, 31.32 cover equal treatment and avoid discrimination at work place


Article 76 gives some additional requirements if women are under employment
Article 3 of the constitution gives equal rights to all the citizens
The law does not stipulate a gender equality committee at work place As in J28
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Committee on gender equality1.6.2No LawNANANANANANA
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Certified production



2.1.1













No LawNANANANANANA
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Annual stock2.1.2No LawNANANANANANA
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Certified products are visually segregated2.1.3No LawNANANANANANA
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Management has mapped the product flow from the group members 2.1.4No LawNANANANANANA
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Products that the group sells as certified can be traced back to the certified farm(s)2.1.5No LawNANANANANANA
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No double selling of volumes
2.1.6 No LawNANANANANANA
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Group members keep sales receipts2.1.7 No LawNANANANANANA
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Methodology for the calculation of conversion factors
2.1.8 No LawNANANANANANA
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Calibration2.1.9Act No. 2, 1981 , LEGAL METROLOGYNANAConsidering : a. that Legal Metrology Unit has very important roles in implementing Legal Metrology;
b. that Regulation of the Minister of Trade Number 50/M�DAG/PER/10/2009 concerning Working Unit and Legal Metrology
Technical Implementing Unit and Regulation of the Minister of Trade
Number 51/M-DAG/PER/10/2009 concerning Evaluation Towards
Technical Implementing Unit and Regional Technical Implementing
Unit, are not longer relevant so that they have to be revoked;
c. that based on considerations as intended in letter a and letter b, it is
necessary to re-regulate provisions concerning Legal Metrology Unit;
d. that based on considerations as intended in letter a, letter b, and letter c,
it is necessary to stipulate Regulation of the Minister of Trade
concerning Legal Metrology Unit;
Articles 1 and 2 define mandatory calibration for industryNAhttp://jdih.kemendag.go.id/backendx/image/regulasi/22200759_Permendag_No._78_tahun_2016.pdf
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Volume summary of certified product for the previous 12 months. 2.1.10No LawNANANANANANA
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Documentation for percentage and traceability type etc.2.1.11No LawNANANANANANA
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labeling approvals, incoming and outgoing documentation, on-site procedures) that any Rainforest Alliance claim 2.1.12No LawNANANANANANA
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Sales transactions of certified products are recorded in the Rainforest Alliance traceability platform



2.2.1


No LawNANANANANANA
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Total sales of certified products do not exceed the total production2.2.2No LawNANANANANANA
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Volumes not sold as Rainforest Alliance certified and/or lost are removed from the traceability platform within two weeks after the end of the quarter. 2.2.3No LawNANANANANANA
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Trademark use approval2.2.4No LawNANANANANANA
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Shipments that are combined into one transaction include sufficient information to relate the transaction to the individual shipments. 2.2.5No LawNANANANANANA
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Written confirmation granting a traceability platform mandate by the farm certificate holder and acknowledgement by both parties is available. 2.2.6No LawNANANANANANA
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The party granted the traceability platform mandate complies with applicable traceability requirements and associated guidance.

2.2.7No LawNANANANANANA
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Volume credits are only converted for a process that can occur in reality, product conversion cannot go backwards to a previous product.



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2.3.1




No LawNANANANANANA
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The volume of product sold as mass balance is 100% covered by volumes purchased as certified.2.3.2No LawNANANANANANA
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Purchase and sales documentation for products sold as certified includes origin information to country level for certified and non-certified product inputs.2.3.3No LawNANANANANANA
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Products sold as certified shall meet the minimum percentage requirements for origin information as per crop specific annexes2.3.4No LawNANANANANANA
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Credit trading is limited to regional scope within a certificate, movement from one certificate to another shall be accompanied by physical shipment of relevant product. 2.3.5No LawNANANANANANA
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A process is in place to ensure that sales of certified product exceeding purchases are covered with sufficient
purchases of certified input within two weeks after the end of the quarter in which certified volume balance was exceeded
2.3.6No LawNANANANANANA
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Production costs and living income3.1.1
No LawNANANANANANA
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The total net income for group member households is assessed against the Living Income Benchmark.3.1.2No LawNANANANANANA
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Sustainable Differential3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
3.2.6
3.2.7
No LawNANANANANANA
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Management defines the investments needed to improve sustainability in an investment plan. 3.3.1
No LawNANANANANANA
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The buyer of certified products ensures that the farm certificate holder receives the Sustainability Investment3.3.4No LawNANANANANANA
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An annual report of investments made to farms is compiled and available3.3.5No LawNANANANANANA
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Plant varieties are selected based on quality, productivity, resistance to pests and diseases and on suitability for the climate 4.1.1

No LawNANANANANANA
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New plantings have a well-established cropping system which takes into account the factors defined in the requirement4.1.2No LawNANANANANANA
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Pruning Cycle4.2.1No LawNANANANANANA
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GMO4.3.1Government Regulation Number21 Year 2005 concerning Safety of Genetically Engineered Products (State Gazette of the Republic
of Indonesia Year 2005 Number 44, Addendum Number 4498)
NANAAs per regulation the use of GMO is restricted and requires explicit government permissionEntire LawNA
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Soil assessment, leaf test, use of organic fertilizers etc4.4.1
4.4.2
4.4.3
4.4.4
No LawNANANANANANA
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Integrated Pest Management (IPM)
Monitoring of pests and natural enemies
Pest control methods & threshold
4.5.1 , 4.5.2, 4.5.3No LawNANANANANANA
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IPM training to workers4.5.4No LawNANANANANANA
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Registered agrochemicals4.6.1ENVIROMENTAL PROTECTION AND MANAGEMENT Law No. 32/ 2009, dated October 3, 2009

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 74/2001 ON HAZARDOUS AND TOXIC SUBSTANCE MANAGEMENT
NANAthat a proper and healthy environment constitutes a human right of every Indonesian citizen
as mandated in Article 28 of the Constitution of
1945;
b. that national economic development as mandated by the Constitution of 1945 is executed
on the basis of sustainable and environmentally sound development principles;
c. that the regional economic spirit in the execution of public administration of the Unitary State
of the Republic of Indonesia has brought about
change!: in relations and authority between the
Business News 7933-7934/3-24-2010
government and regional government, including
in the field of environmental protection and management;
d. that the decreasing environmental quality has
threatened the continuation of life of human and
other creatures so that all stakeholders need to
protect and manage the environment seriously
and consistently
e. that since the rising global warming has caused
climate change thus worsening the environmental quality, environmental protection and management are needed;
f. that in order to better guarantee legal certainty
and protect right of everybody to obtain a proper
and healthy environment as part of the extensive environmental protection,
No. 74/2001-Considering :
a. That with the increasing activities of development in various sectors particularly industry and trade sector, the use of hazardous and toxic substances tends to increase;
b. That until nowadays there are several statutory regulations that regulate the hazardous and toxic substance management, however they are not adequate yet to, particularly, prevent environmental pollution and or damage from occurring;
c. That in order to prevent adverse effects on the living environment, human health, and other living creatures an integrated hazardous and toxic substance management is necessary in accordance with the advancement of science and technology
Article 20 to 25 deal with activities having impact on environment. the entire standard is relevant There is a requirement of impact assessment. AMDAL Process is to be followed by industries( a holistic environment study to determine the impacts because of developing an activity)
UKL(environment management efforts)- UPL (environment monitoring efforts)process is required to be followed by such enterprises
NAIn folder
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Products on risk mitigation list4.6.2No LawNANANANANANA
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Training for sprayers and PPE usage4.6.3No LawNANANANANANA
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Showers for agrochemical handlers.4.6.4No LawNANANANANANA
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Preparation and application of pesticides4.6.5No specific Law but indirectly covered under Law No. 1 of 1970 on Occupational Safety.NANANANANAhttps://matsne.gov.ge/en/document/download/18106/9/en/pdf
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Mechanisms to avoid contamination with pesticides4.6.6No specific Law but indirectly covered under Law No. 1 of 1970 on Occupational Safety.NANANANANAAs above
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Aerial application4.6.7No LawNANANANANANA
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Agrochemical application records.4.6.8No LawNANANANANANA
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Empty pesticide containers4.6.9No specific Law but indirectly covered under Law No. 1 of 1970 on Occupational Safety.NANANANANANA
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Storage of Agrochemical4.6.10Law No. 1 of 1970 on Occupational Safety.NANAConsidering that
a) each people available for the job deserves to get protection for his/her safety in doing the job for life prosperity and for increasing the production and national productivity
b) each person in workplace is guaranteed safety by law
Article 3 Defines the work safety requirements
(1) By statutory regulations, work safety requirements are stipulated for:
a. prevent and reduce accidents;
b. prevent, reduce and extinguish fires;
c. prevent and reduce the danger of explosions;
d. provide an opportunity or a way to save oneself in the event of a fire or other dangerous event;
e. provide assistance in accidents;
f. provide personal protective equipment to workers;
g. prevent and control the emergence or spread of temperature, humidity, dust,
dirt, smoke, steam, gas, wind, weather, light or radiation, sound and vibration;
h. prevent and control the incidence of occupational diseases, both physical and psychological,
poisoning, infection and transmission;
i. obtain sufficient and appropriate information;
j. maintain good temperature and humidity;
k. provide adequate air freshening;
l. maintain cleanliness, health and order;
m. obtain harmony between the workforce, work tools, environment, methods and processes
work;
n. secure and expedite the transportation of people, animals, plants or goods;
o. securing and maintaining all types of buildings;
p. secure and expedite the work of loading and unloading, treatment and storage
goods;
q. prevent exposure to dangerous electric currents;
r. adjust and improve safety in hazardous work
accidents are increasing.
(2) With laws and regulations, the details as referred to in paragraph (1) can be changed according to
with the development of science, engineering and technology as well as income
only later.
NAhttps://www.ilo.org/dyn/natlex/docs/ELECTRONIC/5257/115740/F-1655961174/IDN5257%20Eng.pdf
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pesticide application equipment4.6.11No LawNANANANANANA
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Pesticide stock inventory4.6.12No LawNANANANANANA
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Harvest and Post-Harvest Practices4.7.1No LawNANANANANANA