Legal Updates

New Mining Safety Obligations under the Letter of the Director of Engineering and Environment/Chief Inspector of Mines Number B-3288/MB.07/DBT.KP/2026

10/4/2026
Ivonnie Wijaya, Steven Aristides Wijaya
Legal Updates
Kewajiban Baru Keselamatan Tambang dalam Surat Direktur Teknik dan Lingkungan/Kepala Inspektur Tambang Nomor B-3288/MB.07/DBT.KP/2026

Introduction

On 1 April 2026, the Ministry of Energy and Mineral Resources, through the Directorate General of Mineral and Coal, issued the Letter of the Director of Engineering and Environment/Chief Inspector of Mines Number B-3288/MB.07/DBT.KP/2026 on Lessons Learned from Mining Accident Cases in the First Quarter of 2026 in the Context of Enhancing Vigilance to Improve Mining Safety Performance (“Letter B-3288/2026”), which took effect on that date. This Letter evaluates the management of Mining Safety and provides guidance based on lessons learned from a series of fatal mining accidents during the First Quarter of 2026.

The Government identified various recurring deficiencies that triggered fatal accidents in mining areas. This evaluation highlights failures by companies to control critical risks, supervise operations, manage mining service companies, comply with design and safe work procedures, as well as deficiencies in medical emergency response systems. These conditions require companies to promptly strengthen their protection systems to prevent further loss of life in mining areas.

 

Key Provisions

Technical Lessons Based on Types of Accidents

Point 2 of Letter B-3288/2026 classifies mining accidents into several types of fatal incidents that companies must anticipate. Companies are required to improve safety standards that contribute to such incidents, including:

  1. Inter-unit interaction accidents resulting from companies failing to facilitate proper operational communication and allowing inadequate mine road conditions;
  2. Landslides in open-pit mines resulting from companies disregarding geotechnical instability and violating slope design;
  3. Biological hazard incidents, such as bee stings, resulting from companies not incorporating such risk mitigation into Standard Operating Procedures (SOP);
  4. Workers drowning due to companies providing poor drainage systems and failing to enforce the use of life jackets;
  5. Electric shock accidents resulting from workers not implementing lock out tag out (LOTO) procedures and working without work permits or supervision; and
  6. Fatalities following medical treatment, indicating the need for companies to strengthen emergency response systems, initial treatment quality, medical facilities, and clarity of referral systems.

Victim Profile and Dominant Accident Factors

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According to Point 3 of Letter B-3288/2026, the Government highlights victim profiles and the main contributing factors to accidents that require companies to take immediate evaluative actions. The Government notes that approximately 92% of fatalities involved external parties, namely contractor or subcontractor companies. In addition, approximately 39% of victims were new workers with a length of service of 0 to 2 years. These data demonstrate that companies have not sufficiently supervised new workers and have not effectively instilled procedural discipline. Therefore, companies must strengthen training systems, provide on-the-job mentoring, and verify worker competence in the field.

Obligations of the Board of Directors of Mining Companies

According to Point 5 of Letter B-3288/2026, the Board of Directors of mining companies is required to take direct action and assume responsibility for the effectiveness of Mining Safety management by undertaking the following measures:

  1. Conduct direct inspections (management walkthroughs) in operational areas of concern;
  2. Evaluate the performance of mining service companies to ensure compliance with all mining occupational safety requirements;
  3. Test and enhance emergency response systems and post-incident medical handling, including involving referral hospitals in operational emergency simulations;
  4. Follow up on all findings from safety inspections and audits, both internal and those identified by Mine Inspectors;
  5. Provide effective authority and allocate adequate human resources, financial support, technology, and equipment to the Head of Mining Engineering (KTT);
  6. Ensure that the Occupational Health and Safety (OHS) and Operational Safety units actively function as assurance and risk advisory bodies to provide early warnings of hazards;
  7. Strengthen competency verification systems, on-the-job mentoring, and layered supervision for new workers and contractor workers; and
  8. Ensure that all operational activities are carried out in accordance with approved designs, technical studies, and engineering recommendations.

Closing

Letter B-3288/2026 responds to a series of fatal mining accidents in the First Quarter of 2026 caused by weak risk control, supervision, and medical emergency response systems. Considering the high proportion of fatalities among contractors (92%) and new workers (39%), companies are required to improve safety standards across various operational hazards. Accordingly, the Board of Directors is expected to take direct responsibility by conducting field inspections, providing adequate resource support to the Head of Mining Engineering (KTT), performing comprehensive evaluations of mining service companies, and strengthening supervision to ensure that all operational activities align with approved designs and safe work procedures in order to prevent future fatalities.

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