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. They also designate competent state authorities and enforcement mechanisms to ensure effective compliance, thereby bridging the Central legislation with practical administration and regulation at the state level.
Applicability
These rules as per Chapter XI (Part IV) of the Code are applicable to:
Compliance Requirements under the Rules in Accordance with the Code
No mine shall be opened/reopened/worked unless it has a duly appointed manager & having qualifications as stated in Rule 90 of OSH & Working Conditions (Central) Rules, 2020. Owner/agent of every mine shall appoint manager & if he possesses required qualification, he can appoint himself as manager
provided it does not fall in exception stated in Rule 91. If such conditions are not met, provisions of Code not set out will become applicable and employer to intimate prescribed authority
In emergency situations involving serious risk to mine safety, personnel safety, accidents, acts of God, or urgent machinery repairs, the mine manager may authorize employment in contravention of normal working hours and rest day regulations. This is subject to specific legal provisions.
The manager can take necessary actions, even if mineral production is incidentally affected, but such actions must not exceed what is necessary to avoid serious disruption of mine operations. Every instance of such action must be recorded and reported to the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator.
No person below eighteen years of age shall be allowed to work in any mine or part thereof
Apprentices and trainees aged 16 or above may work in a mine under supervision by the manager. However, for trainees other than apprentices, approval from the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator is required before they can work.
“Apprentice” means an apprentice as defined in clause (a) of section 2 of the Apprentices Act, 1961.
The owner, agent or manager of every mine shall make arrangements for –
(a) Initial medical examination of every person seeking employment in a mine.
(b) Periodical medical examination of every person employed in a mine annually.
For initial medical exams, the owner, agent, or manager must give at least seven days’ written notice to the person being examined, using a form specified by the Chief Inspector-cum-Facilitator. A copy of the notice must also be sent to the examining authority.
For periodic medical exams, the manager must give at least twenty days’ written notice in writing to the person to be examined, in Form to be notified by the Chief Inspector cum Facilitator. and send a copy, along with previous medical certificates, to the examining authority.
A person, who for any reasonable cause, fails to submit himself for the medical examination in accordance with the notice issued to him, shall be given a second notice of a minimum period of ten days in Form to be notified by the Chief cum Facilitator, by the manager and a copy of every such notice shall be sent by the manager to the examining authority
The manager must keep all medical certificates and examination records, including occupational dust exposure profiles, for each employee while they are employed and for five years after. If requested by the manager of another mine where the person is to be employed, these records must be sent.
A woman employee shall preferably be examined by a female medical practitioner. In case a female qualified medical practitioner is not available, the woman employee shall be medically examined by a male qualified medical practitioner only in the presence of another woman
If a person files an appeal against being declared unfit for mine work, but the Appellate Medical Board also finds them unfit after re-examination, they must stop working in the specified areas within thirty days from the re-examination date. However, if the initial medical examiner or the Appellate Medical Board believes the person’s disability won’t seriously affect their job performance, they may recommend that the person continue working for up to six months. During this period, the individual can seek treatment and undergo another medical examination to be declared fit for work.
The mine owner must cover the full cost of all medical examinations unless the person is declared unfit for mine employment after re-examination by the Appellate Medical Board.
Penalty & Punishment
iii) Subsequent conviction will be punishable with double the punishment provided for first conviction
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