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 II) of the Code are applicable to:
Compliance Requirements under the Rules in Accordance with the Code
It shall be the duty of employer or contractor employing interstate migrant workers:
(i) to ensure suitable conditions of work to such worker
(ii) in case of accident or serious bodily injury to such worker, to report to authorities
Employer or contractor to extend all benefits to such worker which are available to a worker of that establishment including benefits under the Employees’ State Insurance Act, 1948 or the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 or any other law for the time being in force and the facility of medical check-up as available to a worker under clause (c) of sub-section (1) of section 6
Employer shall pay a lump sum fare for the to-and-fro journey of inter-state migrant workers (by II Class Sleeper train, bus, or equivalent) to their home-state residence, if they have worked at least 180 days in the establishment during the preceding twelve months.
Provided that the journey allowance shall be given to an inter-state migrant worker once in twelve months. In the event of change of employer by the inter-state migrant worker during the middle of the employment period and has not availed the journey allowance from his previous employer, then on the basis of a certificate to be given by inter-state migrant worker, the employer where the inter-state migrant worker is now working and the such worker has completed one hundred and eighty days in preceding twelve months including the period spent with the previous employer, then the employer shall give journey allowance.
A Toll-Free help-line number shall be provided by the Labour, Skill Development and Employment Department, to address queries and grievances of the inter-state migrant workers.
Gujarat Government may identify the studies to be carried out to promote safety, health and welfare of inter-state migrant workers. Wherever required the State Government may also consult the expert organizations involved in the safety, health and welfare of inter-state migrant workers.
An audio-visual worker cannot be employed for production of audio visual programme without a written agreement.
Such agreement is to be registered with the competent authority, to be notified by Gujarat Government, by the producer of such audio-visual programme.
6. Form XVI: Agreement for the audio-visual workers in Gujarat (Section 66 (2), (3), (4), Rule 88 of Central OSH Rules, Rule 62 of Gujarat OSH Rules 2025)
Agreement for audio-visual workers with producer to be entered into in Form-XVI. It should contain specified particulars incl. clause of payment by producer in event of contractor failing to discharge his obligations w.r.t wages,etc. Agreement to be registered with authority notified by State Govt
1) A copy of the agreement shall also be forwarded by the producer of the audio-visual programme to Chief-Inspector-cum- Facilitator
2) Agreement shall include details of nature of assignment, wages and other benefits, health and working conditions, safety, hours of work, welfare facilities, dispute resolution mechanism, constitution, etc
3) Procedure for reference of dispute to a conciliation officer or a tribunal shall be in conformity with the Industrial Relation, Code 2020 and Rules framed thereunder.
4) In the event that a dispute resolution process fails, either party involved in the dispute can bring the matter to the Industrial Tribunal established by the appropriate government under Section 7A of the Industrial Disputes Act, 1947. The dispute will be considered an industrial dispute under the Act. It is the responsibility of the producer of the audio-visual programme to provide the agreed-upon facilities to the audio-visual worker, and wages must be paid electronically
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.
Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article.