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 V) of the Code are applicable to:
Compliance Requirements under the Rules in Accordance with the Code
The State Government may allow employees to wet or cut beedi or tobacco leaves outside the industrial premises on an application made by employer on behalf of the employees to the State Government. The employer must keep records of this work in a prescribed format. This provision shall not apply:
a) to any worker who is given raw material by an employer or a contractor to make beedi or cigar or both at home.
b) to owner or occupier of a private dwelling house, not being an employee of an employer to whom this Part applies, who carries on any manufacturing process in such private dwelling house with the assistance of the members of his family living with him in such dwelling house and dependent on him.
2. Prohibition on Employment of Persons with Certain Disabilities in Construction Work in Gujarat (Section 78)
No person known or suspected by the employer to be deaf, have defective vision, or a tendency to giddiness shall be required or allowed to perform construction work operations that might pose a risk of accident to themselves or others.
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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