Compliances Related to Health, Safety and Welfare under Gujarat Occupational Safety, Health and Working Conditions Rules, 2025

Background

The Gujarat Occupational Safety, Health and Working Conditions Rules, 2025, have been framed under the Occupational Safety, Health and Working Conditions (OSHWC) Code, 2020, a central legislation that consolidates and modernizes multiple earlier labour laws related to workplace safety, health, and welfare. The central Code provides a uniform framework for occupational safety and welfare but allows states to make detailed rules for implementation within their territories. Gujarat’s rules specify procedures for registration, certification, audits, and compliance, ensuring establishments adhere to safety and health standards. They apply to factories, construction sites, and other establishments covered under the Code, including contract and migrant workers. By streamlining regulatory requirements and setting clear responsibilities for employers, these rules aim to improve enforcement, protect workers, and enhance overall workplace safety. The state rules also provide mechanisms for inspections, reporting, and penalties to ensure adherence to the Code’s objectives. Through this framework, Gujarat aligns with national labour standards while addressing local industrial and workforce conditions effectively.

Applicability   

The Gujarat Occupational Safety, Health and Working Conditions Rules, 2025, when read with the OSH Code, apply to:

  1. All establishments in Gujarat covered under the OSH Code, including:
    • Factories
    • Plantations
    • Contract labour deploying establishments
    • Manufacturing units
    • Establishments using hazardous processes
    • Motor transport undertakings
    • Mines and docks (to the extent delegated to the state)
  2. Employers, Occupiers, and Managers responsible for ensuring compliance with safety, health, and working condition requirements within the State of Gujarat.
  3. Workers and Contract Workers engaged in any of the above establishments operating within Gujarat’s territorial jurisdiction.
  4. Plantation Sector, which has specific duties such as displaying permissible concentrations of insecticides, pesticides, chemicals, and toxic substances under Section 93(8) of the OSH Code.
  5. Any establishment requiring factory licensing, amendments, transfer of factory licence, or compliance with state-specific notices, forms, and procedures as prescribed under the Gujarat Rules.

Compliance Requirements under the Act in Accordance with the Rules

  1. Submission of details wrt. OSH statistics electronically on web portal in Gujarat (Section 21, Rule 18)

Employer shall submit the details of occupational safety and health statistics electronically on web portal designated for the purpose

  1. Constitution of Safety Committee in Gujarat (Section 22 (1), Rule 17)

Factories/Estab. with major hazards, hazardous processes (50/50+ workers), factory wherein 250/250+ workers employed, or 250+ building workers must form a safety committee with employer and worker reps, incl. women. Tenure: 3 years. Worker representative chosen by trade union or workers if no union

Safety Committee shall have the right to be adequately and suitably informed of – (a) potential safety and health hazards to which the workers may be exposed at workplace; (b) data on accidents as well as data resulting from surveillance of the working environment and of the health of employees, conducted at such establishments/factories

  1. Implementation of recommendations made by Safety Committee (Section 22, Rule 17 (3))

Owner, employer, occupier, agent or manager shall, within a period of 15 days from the date of receipt of the recommendations of the Safety Committee shall take action to implement the recommendations.

  1. Meetings of Safety Committee (Section 22, Rule 17 (1) (d))

Safety committee shall meet at least once in every quarter for factories and building or other construction work.

In case of mines, the safety committee shall meet at least once in a month.

  1. Number of Safety Officers to be appointed in Ordinary Factory in Gujarat (Section 22 (2), Rule 20 (A) (A))

In every ordinary factory, the employer shall appoint Safety Officers in the establishment as follow:-

    1. 500 to 1500 workers: One safety officer
    2. 1501 to 3000 workers :Two safety officers
    3. 3001 and above: Two + one (for every additional 3000 workers or part thereof)
    4. In every establishment which is a factory wherein five hundred workers or more are ordinarily employed, the employer shall also appoint such number of safety officers, who shall possess such qualifications and perform such duties, as may be prescribed by appropriate Government b) Qualifications of a Safety Officer shall be as per Rule 21 of Gujarat OSH Rules 2025 c) Duties of a Safety Officer shall be as laid down in Rule 22 of Gujarat OSH Rules 2025
  1. Number of Safety Officers to be appointed in a Factory carrying on hazardous process in Gujarat (Section 22 (2), Rule 20 (A) (B))

For Factories carrying on hazardous process, the employer shall appoint Safety Officers as follow:-

    1. 250 to 1000 workers: One safety officer
    2. 1001 to 2000 workers :Two safety officers
    3. 2001 and above: Two + one (for every additional 2000 workers or part thereof)

a) In every Establishment which is a factory carrying on hazardous process wherein two hundred fifty workers or more are ordinarily employed, the employer shall also appoint such number of safety officers, who shall possess such qualifications and perform such duties, as may be prescribed by appropriate government b) Qualifications of a Safety Officer shall be as per Rule 21 of Gujarat OSH Rules 2025 c) Duties of a Safety Officer shall be as laid down in Rule 22 of Gujarat OSH Rules 2025

  1. Number of Safety Officers to be appointed in major accident hazard factories in Gujarat (Section 22 (2), Rule 20 (A) (C))

Major accident hazard factories must appoint Safety Officers as follows:

    1. 100 to 500 workers: One safety officer
    2. 501 to 1500 workers: Two safety officers
    3. 1501 to 3000 workers: Three safety officers
    4. 3001 and above: Three + one (for every additional 1500 workers or part thereof)

a) Any appointment, when made, shall be notified to the Inspector-cum-Facilitator having jurisdiction in the area, giving full details of the qualifications, terms and conditions of service of such safety officers. b) Qualifications of a Safety Officer shall be as per Rule 21 of Gujarat OSH Rules 2025 c) Duties of a Safety Officer shall be as laid down in Rule 22 of Gujarat OSH Rules 2025

  1. Responsibility of employer for maintaining health, safety and working conditions in Gujarat (Section 23)

Employer shall be responsible to maintain in his establishment such health, safety and working conditions for the employees as may be prescribed by the Central Government.

Central Government may prescribe for providing all or any of the following matters in the establishment or class of establishments, namely:— (i) cleanliness and hygiene; (ii) ventilation, temperature and humidity; (iii) environment free from dust, noxious gas, fumes and other impurities; (iv) adequate standard of humidification, artificially increasing the humidity of the air, ventilation and cooling of the air in work rooms; (v) potable drinking water; (vi) adequate standards to prevent overcrowding and to provide sufficient space to employees or other persons, as the case may be, employed therein; (vii) adequate lighting; (viii) sufficient arrangement for latrine and urinal accommodation to male, female and transgender employee separately and maintaining hygiene therein; (ix) effective arrangements for treatment of wastes and effluents; and (x) any other arrangement which the Central Government considers appropriate.

  1. Welfare facilities in the establishment in Gujarat (Section 24 (1))

Employer shall provide and maintain prescribed welfare facilities for employees, including: (i) Separate washing facilities for male and female employees; (ii) Separate bathing places and locker rooms for male, female, and transgender employees; (iii) Spaces for storing clothing not worn during work and drying wet clothing; (iv) Seating arrangements for employees required to work standing; (v) Canteen facilities in establishments employing 100+ workers, including contract labourers; (vi) Medical examinations for mine employees before employment and at specified intervals; (vii) Adequate first-aid boxes or cupboards accessible during working hours; (viii) Other welfare measures deemed necessary by the Central Government for a decent standard of living.

  1. Provision of Canteen facilities in the establishment in Gujarat (Section 24 (1) (v))

Wherein one hundred or more workers including contract labourers are ordinarily employed, employer shall provide canteen facilities in an establishment.

  1. Provision of Ambulance room in an establishment in Gujarat (Section 24 (2) (i))

Employer to provide ambulance room facility in every factory, mine, building or other construction work wherein more than five hundred workers are ordinarily employed

  1. Provision of Shelters or rest-rooms and lunch room facilities in an establishment in Gujarat (Section 24 (2) (iii))

Adequate, suitable and separate shelters or rest-rooms to be provided for male, female and transgender employees and lunch-room in every factory and mine wherein more than fifty workers are ordinarily employed and in motor transport undertaking wherein employee is required to halt at night

  1. Appointment of welfare officer in an establishment in Gujarat (Section 24 (2) (iv))

Central Govt, may prescribe for the appointment of welfare officer in every factory, mine or plantation wherein two hundred and fifty or more workers are ordinarily employed and the qualification, conditions of service and duties of such welfare officer

  1. Provision of creche facilities in the establishment in Gujarat (Section 24 (3))

Facility of creche having suitable room or rooms for the use of children under the age of six years of the employees shall be provided at suitable location and distance either separately or along with common facilities in establishments wherein more than fifty workers are ordinarily employed

However an establishment can avail common crèche facility of the Central Government, State Government, municipality or private entity or provided by non-Governmental organisation or by any other organisation or group of establishments may pool their resources for setting up of common crèche in the manner as they may agree for such purpose

Penalty & Punishment

General Penalty u/s 94: For contravention, the employer or the principal employer of the establishment, as the case may be, shall be liable to penalty which shall not be less than two lakhs rupees but which may extend up to three lakh rupees, and if the contravention is continued after the conviction, then, with further penalty which may extend to two thousand rupees for each day till such contravention continues.

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