Compliances for Provisions Related to Various Appointments and Duties of Appointed Officials in 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. 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

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. Eligibility Criteria for Superintendent Appointment wrt. Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 110)

No person shall be appointed as Superintendent unless he:-

(i) is a rescue trained person;

(ii) has 5 years practical experience of below ground work in mines; and

(iii) holds a First Class Manager’s Certificate of a type not restricted to open cast workings.

2. Eligibility Criteria for Instructor Appointment wrt. Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 111)

No person shall be appointed as Instructor unless he:-

(i) is a rescue trained person;

(ii) has 3 years practical experience of below ground work in mines; and

(iii) holds a Manager’s certificate of a type not restricted to open cast workings.

3. Eligibility Criteria for Rescue Room In-Charge Appointment wrt. Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 113)

No person shall be appointed as rescue room incharge unless he:-

(i) is a rescue trained person;

(ii) has 3 years practical experience of below ground work in mines; and

(iii) holds a Manager’s, Overman’s or Foreman’s Certificate of a type not restricted to open cast workings

4. Duties and responsibilities of Superintendent wrt. Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 115)

Duties and responsibilities of Superintendent shall be as prescribed under Rule 115 of Occupational Safety, Health and Working Conditions (Central) Rules, 2020

1. 1. Superintendent shall be in overall control of rescue station & rescue rooms served by such rescue station
   2. Superintendent must ensure that rescue equipment at rescue stations, rooms, and mine entrances is maintained, inspected, and tested regularly. Adequate spare parts and supplies must be kept in stock. Personnel selected for initial and refresher training must receive required instruction and be issued credit certificates upon completion
   3. Superintendent shall countersign records maintained
   4. In a below-ground mine emergency, Superintendent will carry out rescue and recovery tasks assigned by manager or, in their absence, principal official at the surface. A daily report and a complete report within 24 hours after work’s completion must be sent to Inspector-cum-Facilitator or Chief Inspector-cum-Facilitator
   5. Superintendent shall maintain in a bound paged book a diary and shall record results of inspections and also action taken by him to rectify the defects observed

5. Duties of Instructors wrt. Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 116)

Duties of Instructors are:

1. 1. Provide training & maintain records under Superintendent’s direction
   2. Perform assigned rescue and recovery tasks during emergencies
   3. Obtain Superintendent’s permission to leave the rescue station
   4. Charge of the rescue station in the Superintendent’s absence

(1) Under the direction of Superintendent the Instructor shall-

(a) impart course of instructions and practices to persons selected for training in rescue and recovery work as well as to rescue trained persons and maintain a record thereof; and

(b) make inspection, test and adjustment of rescue equipment and apparatus and maintain a record thereof.

(2) In the event of an emergency at a below ground mine, Instructors shall perform such rescue and recovery work as may be assigned to him by the manager or in his absence by the principal official present at the surface.

(3) Instructor shall not leave the rescue station without prior permission of the Superintendent.

(4) In the absence of the Superintendent, the Instructor shall be in-charge of the rescue station.

6. Duties and responsibilities of Rescue Room In-Charge in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 117)

Every rescue room in-charge shall

1. 1. Prominently display a list of mines served by rescue room
   2. Maintain rescue equipment and apparatus in perfect order
   3. Keep proper records of all rescue equipment, apparatus, and inspections
   4. Prevent unauthorized entry and removal of equipment from rescue room

7. Duties of Rescue Trained Personnel wrt. Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 118)

The rescue trained person shall-

(a) obey order of the Superintendent and Instructor and assist them in discharge of their functions;

(b) attend to messages, telephone calls and wireless and maintain record thereof;

(c) maintain the rescue station in neat and tidy condition;

(d) maintain the equipment and apparatus kept at the rescue station in perfect order;

(e) perform rescue and recovery work in mines; and

(f) not leave rescue station without obtaining permission from the Superintendent.

8. Duties of rescue room attendant wrt. Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 119)

Every rescue room attendant shall-

1. 1. Not leave the rescue room until relieved by a substitute.
   2. Prevent unauthorized entry and removal of equipment.
   3. Handle telephone calls and maintain records.
   4. Keep the rescue room neat and tidy.
   5. Obey and assist the rescue room in-charge.

9. Appointment of rescue trained persons in mines, their disposition and accommodation in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 122)

1. 1. For Mines Employing over 100 Persons Below Ground Maintain at least 5 rescue-trained persons available at the surface at all times
   2. For Mines Employing over 500 Persons Below Ground Additionally for every 100 person or part thereof below ground, ensure there at least one rescue-trained person

1. 1. It shall be the responsibility of the owner to provide suitable accommodation:-

(i) close to the rescue station to the Superintendent, Instructors and members of rescue brigade;

(ii) close to rescue room to rescue room in-charge rescue trained persons and attendants attached to it; and

(iii) close to below ground mine entrance to rescue trained persons other than those specified in (i) and (ii).

1. 1. There shall be provided at a below ground mine effective bell or other arrangements, as may be approved by the Inspector cum Facilitator, for immediate summoning of rescue trained persons.

10. Criteria for Selection for Rescue Work Training wrt. Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 123)

For being selected for training in rescue work, the incumbent must be 21-30 years old & holds a valid First-aid certificate from St. John Ambulance Association (India). He shall be certified by the Manager as having sufficient underground experience for rescue work.

i) He shall also be certified by a designated qualified medical practitioner as free from organic disease or weakness and fit for rescue work.

ii) He shall also be approved by the Superintendent of Rescue Station based on necessary examinations and interviews for work with breathing apparatus.

     11. Duties of Manager etc. in emergency wrt. Mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 127 (1))

In emergency, the Manager/Principal Officer shall notify rescue room/station for assistance, summon rescue trained personnel from the mine, inform nearby mine owners/agents/managers to request additional rescue trained personnel if needed and summon medical assistance.

1. 1. Information of the occurrence shall also be sent to the Inspector cum Facilitator. Also the rescue station to be updated on the nature of the emergency and potential need for their assistance
   2. All rescue and recovery work at a below-ground mine must be supervised by the mine manager or, in their absence, the principal official at the surface. In a major emergency (ignition, explosion, large underground fire, or an accident involving multiple people), the manager or principal official should seek guidance from a group that includes a Senior Management Official, a representative from the Director General of Mines Safety, a rescue station representative, and a Workers’ Union representative. However, they must make and direct necessary decisions as the situation requires, without waiting for the group’s formation or deliberations.

12. Team Leader Requirement in mines in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 131)

Every rescue team using breathing apparatus in a mine must be led by a leader appointed by the Superintendent.

13. Instructions to the Leader in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 132)

Prior to sending a rescue team underground, the Superintendent or a person authorized by him shall give clear instructions to the leader of the team as to where it shall go and what it shall attempt.

14. Duties of leader below ground in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 134)

The leader directs the team and ensures safety, avoiding manual work and halting if there’s a risk of roof collapse. The leader keeps the team together, preventing members from straying.

Other duties of a Leader are:

1. 1. The leader marks routes with arrows if the atmosphere is clear, or ensures a lifeline is used in unclear conditions.
   2. The leader records oxygen pressure every 20 minutes, sets a pace for the slowest member, and returns to base if any member is in distress.
   3. The leader limits team members using breathing apparatus to work no longer than 1.5 hours or the period specified by the Chief Inspector.

15. Appointment of substitute if training manager not available (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 151 (3))

If the training officer is temporarily unavailable, the owner, agent, or manager must appoint a qualified substitute in writing for up to 30 days, with prior written consent from the Chief Inspector-cum-facilitator for extensions beyond 30 days.

16. Notice of appointment, discharge, dismissal, resignation, termination of service of Training officer (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 151 (4))

A written notice of every appointment, discharge, dismissal, resignation or termination of service of a Training officer and of the date thereof shall be sent by owner or agent to Chief Inspector-cum-facilitator and Inspector-cum-facilitator within seven days from the date of respective event

17. Duties of training officer in vocational training in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 152)

Every training officer shall keep a record of his work and shall, at the end of every year, forward to the Chief Inspector-cum-facilitator or Inspector-cum-facilitator having jurisdiction over the training centre, through the owner, agent or manager of the mine or the owner of a common or approved training centre as the case may be, a summary of the report of his work during the year.

18. Appointment of Instructors at Vocational Training Centre in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 153)

Owner or agent of a mine or owner of a common or approved training centre, shall appoint sufficient number of instructors having qualification and experience to impart training in Vocational Training Centre.

In special circumstances, officials may be called from the mines, to deliver lectures and demonstrations at the training centre

19. Qualification of instructors and trainers in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 155)

No person shall function as an instructor or trainer unless he possesses qualification, training and experience as specified by the Board of Vocational training and notified by the Chief Inspector-cum-facilitator from time to time.

Instructors and Trainers shall be skilled and experienced having aptitude required for training job

20. Duties of Instructor in Gujarat (Section 72; Occupational Safety, Health and Working conditions (Central) Rules, 2020 – Rule 156)

The instructor shall:-

(i) assess employees competency and deliver lecture on standard course material;

(ii) maintain records of training given to every person and to furnish weekly report to the training officer on the progress of the persons undergoing training

21. Duties of trainer and persons undergoing training in Gujarat (Section 72; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 157)

(1) The trainers shall be responsible for the safety of the persons undergoing training under him.

(2) The trainer shall see that the persons put under his charge for training, pick up work, understand the dangers inherent in the job and develop habits, which would ensure safety in mines.

i) The trainer shall see that the persons undergoing training, move within the mine along with him.

ii) Every trainer shall see that the persons undergoing training under him, is aware of escape route from the sections where he is likely to work and other emergency response applicable to the trainee.

iii) Every person undergoing training shall, whilst under training, comply with the directions of the trainer under whom he is put in charge.

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