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 VIII) of the Code are applicable to:
Compliance Requirements under the Rules in Accordance with the Code
In every plantation, arrangement shall be made by the employer to provide for the safety of a worker in connection with the use, handling, storage and transport of insecticides, pesticides and chemicals and toxic substances
Every employer of a plantation shall display in the plantation, a list of permissible concentrations of insecticides, pesticides, chemicals and toxic substances in breathing zone of workers engaged in handling and application of insecticides, pesticides, chemicals and toxic substances in plantation
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 occurrence 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
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