Compliances for Provisions Related to Mines under Gujarat Occupational Safety, Health and Working Conditions Rules, 2025

Background

The Gujarat Occupational Safety, Health and Working Conditions Rules have been framed by the State Government to operationalise the Occupational Safety, Health and Working Conditions Code, 2020 in alignment with the Central Rules issued under the Code. These Rules provide the state-level structure necessary to implement the objectives of the Central Code, which was enacted to consolidate multiple labour laws and create a uniform framework for ensuring safe, healthy and humane working conditions across establishments. By adopting the principles, standards and obligations prescribed under the Central Code and Central Rules, the Gujarat Rules lay down detailed procedures relating to registration of establishments, duties of employers and workers, safety management, inspections, reporting and enforcement within the state.

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 Rules in Accordance with the Code

1. Mine owners to establish and maintain rescue stations in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 106 (1))

The Chief Inspector cum Facilitator can require or allow mine owners to establish and maintain rescue stations. Multiple mine owners may be required to set up a common rescue station. Existing rescue stations will operate for three years from the start of these rules.

1. 1. At every rescue station there shall be appointed one Superintendent and at least two instructors and also, there shall be maintained a rescue brigade of not less than eighteen rescue trained persons
   2. In case where the absence of the Superintendent at a rescue station exceeds 60 days, the owner shall appoint another Superintendent.
   3. The owner shall, on the same day of assumption or relinquishment of charge by the Superintendent, inform the Chief Inspector cum Facilitator and the Inspector cum Facilitator of the region where the mine is situated.
   4. The functions of rescue station shall include:-

(i) imparting initial training in rescue and recovery work;

(ii) imparting refresher training to rescue trained persons;

(iii) providing support by its own rescue teams and equipment in case of major accidents or long lasting rescue and recovery operations; and

(iv) carrying out the functions of rescue room in respect of these below ground mines where there is no rescue room.

2. Establishment and location of rescue rooms where more than 100 are employed below ground in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 108, 109)

If a below-ground mine employs more than 100 people and lacks a rescue station within 35 km, the owner must establish a rescue room.

1. 1. One rescue room can serve multiple mines of same owner if:
      a) Total number of below-ground workers across mines does not exceed 5000
      b) Mines are within 35 km and connected by road to rescue room
   2. Additionally, Chief Inspector cum Facilitator may allow a rescue room to function as a rescue station (except for initial training) if the rescue room:
      a) has additional equipment, including 15 extra two-hour self-contained breathing apparatus sets
      b) is managed by qualified instructors & at least five rescue-trained individuals, with one holding qualifications of a rescue room in-charge

      At each rescue room, there shall be appointed such number of rescue trained persons as necessary and one of them possessing Qualifications, experience etc. of rescue room in-charge shall be made in-charge of the rescue room. At least one rescue trained person shall always be in attendance at rescue room

      Rescue room shall have facilities for storage, assembly, testing & adj of breathing apparatus etc

3. Selection of Rescue Trained Persons for Rescue Stations wrt. Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 112)

The Superintendent, in consultation with mine managers, will select rescue trained personnel from mines served by the rescue station. Selected personnel will be posted at the rescue station for 1 to 5 years

4. Equipment’s at Rescue Station in mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 114)

1. 1. Every rescue station & rescue room shall have for immediate use apparatus and equipment as per Schedule I & Schedule II as may be notified
   2. At below ground mine, where there is no rescue room, apparatus & equipment as per Schedule III, as may be notified shall be maintained at entrance of mine
   3. Self- contained breathing apparatus provided at rescue station and rescue rooms under it shall be of same type and make
   4. Apparatus & equipment’s specified under Rule 114(5) shall be of standard approved by Chief Inspector cum Facilitator
   5. All breathing apparatus and every flow meter shall be adjusted, tested and purity of oxygen for use in breathing apparatus shall be tested in such manners as laid down in Schedule IV, as may be notified
   6. No absorbent charges, chemicals, self-rescuer and gas detector tubes shall be kept at any rescue station, rescue room or below ground mine for use beyond the expiry date, which shall be legibly marked on the boxes thereof

5. Written Report to be sent in case of accident in below ground mine (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 114 (7))

In case of an accident in a below ground mine arising out of the use of any rescue apparatus, a written report thereof shall be sent, within 24 hours of such accident, by the manager of the mine to the Chief Inspector cum Facilitator and Inspector cum Facilitator in the form, as may be notified

6. Written Report to be sent in case of accident in rescue station or rescue room in a mine (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 114 (8))

In case of an accident in a rescue station or rescue room arising out of use of any rescue apparatus a written report shall be sent electronically, within 24 hours of accident, by Superintendent to Chief Inspector cum Facilitator and Inspector Cum Facilitator in the form, as may be notified

7. Communication Requirements for Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 120)

1. 1. Every mine must have a telephone connection with rescue room and rescue station.
   2. Wireless communication should be provided where practicable.
   3. If telephone communication is unavailable, the Chief Inspector cum Facilitator may approve other means of communication in writing, with conditions.

Every mine shall be connected telephonically with the rescue room and rescue station serving the mine. Wherever practicable wireless communication shall also be provided: Provided that where there is no telephonic communication system, the Chief Inspector cum Facilitator may by an order in writing and subject to such conditions as he may specify therein, approve any other means of communication.

8. Rescue tracings in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 121)

There shall be kept at a below ground mine, more than three legible tracings of the working of the mine upto a date not before three preceding months.

The tracing shall show the system of ventilation in the mine, and in particular, the general direction of air-current, every point where the quantity of air is measured, every air crossing, ventilation-door stopping, booster fan and any other principal device for regulation and distribution of air, fire-dams, preparatory stoppings, every fire-fighting equipment, every water-dam with dimensions and other particulars of construction, every pumping, telephone and ambulance station, every room used for storing inflammable material, reserve stations and every haulage and travelling roadway.

9. Course of instructions and practices set out in Part I & II of Schedule VII in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 124 (1), (2))

Every person selected for training in rescue work shall undergo the course of instructions and practices as set out in Part I of Schedule VII as may be notified, until he has passed and has; been certified as efficient by the Superintendent.

Rescue trained person shall undergo practices and receive instructions as set out in Part II of Schedule VII as may be notified.

10. Rescue stations must maintain records of all individuals undergoing training in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 124 (3))

Rescue stations must maintain records of all individuals undergoing training, including:

1. 1. Date and nature of each practice session.
   2. Each person’s condition after practice. Note any abnormalities and whether they were due to equipment defects or the individual.
   3. Any other relevant details.

11. Annual Medical Re-examination for Rescue Trained Personnel in mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 125)

Rescue trained personnel must undergo a medical re-examination by a designated qualified medical practitioner at least once every twelve months as per Schedule VI. If declared medically unfit, they will lose their rescue trained status from the date of the declaration.

12. Suspension of Rescue Trained Personnel in mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 126)

If deemed incompetent or guilty of negligence or misconduct by the owner, agent, manager, or Inspector cum Facilitator, a rescue trained person may be suspended or debarred from rescue and recovery work after being given a chance to provide a written explanation.

13. Accommodation for Rescue Workers in Below-Ground Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 128)

During rescue or recovery operations in a below-ground mine, suitable accommodation must be provided for the storage and charging of necessary equipment. This accommodation should be located conveniently near the entrance, well-ventilated, and well-lit.

Adequate supplies of cool drinking water and food must also be provided for the rescue workers.

14. Entry Protocol for Rescue or Recovery in Below-Ground Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 129)

Only authorized personnel, approved by the manager or principal official, can enter unsafe parts of a below-ground mine for rescue or recovery work. Only rescue trained personnel may enter using self-contained breathing apparatus.

During rescue or recovery operations, a designated person must be stationed at the mine entrance to keep a written record of everyone entering and leaving the mine, along with their entry and exit times.

15. Establishing Fresh Air Bases wrt. Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 130)

Bases shall be set up in fresh air, near irrespirable zones with phone connections to the surface or shaft bottom. Required personnel and equipment to be provided at the base promptly if workers are already beyond it.

Except in cases where delay may result in danger to life, rescue trained personnel should not proceed beyond a planned base location unless the base is equipped with:

1. 1. Two persons: one being a qualified medical practitioner if possible, and the other a rescue trained person.
   2. A spare team with rescue apparatus, ready for immediate deployment.
   3. One or more reviving apparatus, oxygen revivers, etc
   4. A first aid box and stretcher.
   5. Equipment for testing carbon monoxide levels.
   6. A hygrometer.
   7. Two flame safety lamps.

16. Pre –Entry Equipment Check Before going underground mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 133)

Before proceeding below ground, the leader shall:

1. 1. Test or witness testing of team’s self-contained breathing apparatus for leakage, ensuring only safe apparatus is used
   2. Check all team equipment.
   3. Ensure all breathing apparatus are functioning properly before entering an irrespirable atmosphere

17. Rescue team members and their duties in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 135)

A rescue team using breathing apparatus in a mine must have 5 to 6 members, including the leader. If the breathing apparatus lacks an emergency oxygen extension, the team must carry a self-rescuer.

1. 1. Members of rescue team shall in general, use the signals prescribed in Schedule VIII as may be notified, in communicating to one another.
   2. In travelling with rescue apparatus on, every member of the team shall keep the place given to him when numbering off. If the pace is too quick or if distress is felt, the member shall at once call attention to the fact.
   3. Every member of a rescue team engaged in work with breathing apparatus in amine shall obey the order of the leader of the team.

18. Restriction of second spell of works in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 136)

No person shall commence a second or ;subsequent spell of work in irrespirable atmosphere without being examined and found fit by a qualified medical practitioner.

19. Obligation of owner, agent and manager in emergency in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 137)

In a mine emergency, the owner, agent, or manager can request help from the nearest rescue room or station. The rescue room or station must promptly provide assistance, and the mine owner must cover the full cost of the rescue services and facilities used.

20. Responsibility of the owner w.r.t rescue room/rescue station in Gujarat(Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 137)

The owner must establish, maintain, and ensure the proper functioning of rescue rooms or stations, appoint Superintendent, instructors, rescue room in-charge, rescue trained persons, and provide required rescue equipment/apparatus as necessary for compliance of the rules.

21. Submission of Training Scheme to prescribed authorities in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 141)

The mine owner must prepare and submit a training scheme, including theory and practical components, based on guidelines from the Chief Inspector-cum-facilitator. This must be submitted to the Chief Inspector-cum-facilitator and the Inspector-cum-facilitator for current and future mine employees.

1. 1. The agent may submit the owner-approved scheme in writing
   2. Scheme shall include provisions relating to:
      i) initial training for persons to be employed in mines
      ii) refresher training for persons already employed

iii) training in case of introduction of new technology, equipment or change in work procedure

iv) assessing current competencies of a person employed in the mine and prior learning, in establishing the person’s training needs

v) assessing the training needs of persons working in mines for the safe performance of the mining operations

vi) appointing persons who are competent to give training and assess employees’ competencies; keeping and auditing records of assessment undertaken and training imparted and

viii) the relevant standards, modules or any other guidelines issued in this behalf by the Chief Inspector-cum-facilitator from time to time

ix) course material on various topics for different categories of persons for delivering lectures in vocational training centre

   22. Vocational training for a person to be employed in mine in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 144)

The owner or agent of every mine shall ensure that every person to be employed in a mine shall, before he is employed, be imparted training as per the training scheme under Rule 144(i.e. Scope and Standard for Vocational Training)

In case of a person who is already in employment in other mine, the owner shall ensure that such person is imparted training covering such additional course of training as specified under this rule

23. Refresher training for a person employed in mine in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 145, 146)

Every person in employment in a mine shall undergo the refresher training at least once in four years, as per training scheme.

1. 1. The Chief Inspector-cum-facilitator may by order in writing and subject to such conditions as he may specify therein increase or decrease the interval of Refresher training at a mine.
   2. The refresher training shall be so arranged that the persons shall undergo training during normal working hours on full day release system unless exempted by Chief Inspector-cum-facilitator

24. Special training in case of new technology, equipment, system of work (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 147)

If new technology, equipment, or systems are introduced in mine, owner, agent, or manager must submit training module to Chief Inspector-cum-facilitator at least 60 days prior. Chief Inspector may require modifications. Employees must be trained according to this module and specified training scheme

25. Training of persons after long absence or after an accident or change of job in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 148)

Any person returning to mine work after an absence over a year, a serious accident, a dangerous occurrence, or re-employment in a different job must undergo training as per the specified training scheme before resuming work.

26. Maintenance of a training centre by owner of a mine in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 149)

The mine owner must provide and maintain a training centre for employees. The Chief Inspector-cum-facilitator may approve a common centre for multiple mines owned by the same owner or a group of owners, with written conditions. For a group-run centre, owners must nominate one to manage it and notify the Chief Inspector. The Chief Inspector may also approve training centres established under other laws if they meet specified infrastructure and facility requirements. Every application for approval shall be made in a proforma and accompanied by a fee prescribed by the Board of Vocational training and notified by the Chief Inspector-cum-facilitator.

27. Arrangements for the training centre in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 150, 151 (1) to (3))

Every training centre shall have such staff, equipment’s and other facilities as notified by the Chief Inspector-cum-facilitator

1. 1. Every training centre must have a full-time training officer with qualifications and experience as specified by the Board of Vocational Training and the Chief Inspector-cum-facilitator.
   2. The mine owner, agent, or common vocational training owner is responsible for appointing this officer. In an approved centre, the person managing the centre will appoint the officer.

28. Facilitation of practical training through trainers in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 154)

For the purpose of practical training referred to in these rules, every person to be employed in a mine shall be placed under the direct supervision of an experienced person of an appropriate category, employed on operations and authorized by manager hereinafter referred to as trainer.

29. Training allowance in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 158)

Every Instructor, other than the instructor under regular appointment at the training centre shall, in addition to his normal wages, be paid by the owner, agent or manager a training allowance for every day he has imparted training in Vocational Training Centre, as prescribed by the Board of Vocational training and notified by the Chief Inspector-cum-facilitator

30. Certificate of training in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 159)

Every person who undergoes a course of training specified in these rules shall, on completion of training be assessed and subject to acceptable performance of trainee, he shall be granted a certificate duly signed by the training officer in form to be notified by Chief Inspector-cum-facilitator.

i) Where the training officer is not satisfied with the progress or performance of any trainee, he shall report the same to the manager of the Mine, who may arrange to give him further training.

ii) The Manager of every mine shall counter sign and specify date on the certificate after being satisfied of the successful completion of training.

    31. Training Certificate to be delivered to the Management in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 160)

Every person employed in a mine shall:

(i) deliver their training certificates obtained prior to or during employment to the mine manager, who will keep them in safe custody and issue a receipt.

(ii) Upon termination of employment, the certificates shall be returned to the employee.

32. Prior Notice of closure or discontinuance of Vocational Training Centre (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 162)

To close a training centre or discontinue its operation for over 60 days, the mine owner, agent, or manager must notify the Chief Inspector-cum-facilitator and the Inspector-cum-facilitator, stating the reasons at least 30 days in advance, using the prescribed manner and form.

33. Immediate Notice of closure or discontinuance of Vocational Training Centre (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 162)

If unforeseen circumstances cause a closure or discontinuance before notice is given or discontinuance extends beyond 60 days without previous intention, immediate notification is required.

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.
• U/s 103: Failure to comply with any duties under Code/Rules/Regulations/Bye laws made thereunder and non-compliance resulted in an accident/dangerous occurence causing :
  I) death – a person shall be punishable with imprisonment for a term which may extend to two years, or with a fine which shall not be less than five lakh rupees, or with both
  ii) serious bodily injury, a person shall be punishable with imprisonment for a term which may extend to one year, or with a fine which shall not be less than two lakh rupees but not exceeding four lakh rupees, or with both

iii) Subsequent conviction will be punishable with double the punishment provided for first conviction