Compliance Requirements under the Rules in Accordance with the Code

1. General duties of employer in Gujarat (Section 6(1))

Every employer shall,—

a) ensure that workplace is free from hazards which are likely to cause injury or occupational disease to employees

b) comply with occupational safety and health standards

c) provide annual health examination or test free of costs to employees of such age or such class of employees of establishments or such class of establishments, as prescribed

d) provide and maintain a working environment that is safe and without risk to the health of employees

e) ensure disposal of hazardous and toxic waste including e-waste

f) employer shall issue appointment letter

g) ensure that no charge is levied on any employee for maintenance of safety and health at workplace including conduct of medical examination and investigation for the purpose of detecting occupational diseases

h) relating to factory, mine, dock work, building or other construction work or plantation, ensure safety and health of employees, workers and other persons who are on work premises of employer

2. Specific duties of employer of factory/ mines/ dock/ building/ construction/ plantation in Gujarat (Section 6(2))

Duties of employer particularly in respect of factory, mines, dock, building or other construction work or plantation include-

(a) provision and maintenance of plant and systems of work in workplace that are safe and without risk to health

(b) arrangements in the workplace for ensuring safety and absence of risk to health in connection with the use, handling, storage and transport of articles and substances

(c) provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all employees at work

(d) maintenance of all places of work in the workplace in a condition that is safe and without risk to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risk

(e) provision, maintenance or monitoring of such working environment in the workplace for the employees that is safe, without risk to health as regards facilities and arrangements for their welfare at work

3. Form-5: Annual Health Examination of employees (Section 6(1)(c), Rule 9)

The occupier of factory/Employer of building or other construction work shall arrange to conduct free of cost, medical examination annually i.e. within 120 days from the commencement of the calendar year for every worker/employee who has completed 45 years of age. The medical examination shall be conducted by a qualified medical practitioner as per pro forma in the Form 5.

The Medical Certificate shall be submitted by the qualified medical practitioner to the employer and employee.

4. Letter of appointment to be issued to every employee (Section 6(1)(f), Rule 10)

No employee shall be employed without receiving a letter of appointment in the prescribed format. If an employee has not been issued such a letter containing the required details, the employer must provide it within three months from the commencement of these Rules.

Format for Factories / building or other construction work /Establishments:-

1. 1. Name of Employee
   2. Father’s/Husband’s Name
   3. Aadhar Number
   4. Labour Identification Number (LIN) of the Establishment
   5. Universal Account Number (UAN) / Insurance Number (ESIC)
   6. Designation
   7. Category of Skill
   8. Date of Joining
   9. Wages, Basic Pay and Dearness Allowance
   10. Other Allowance including accommodation whichever is/are applicable
   11. Avenue for achieving higher wages/higher position
   12. Applicability of Social Security EPFO and ESIC benefits applicable
   13. Health Check-Up
   14. Broad Nature of Duties to be Performed, Any Other Information

5. Duties and responsibilities of owner, agent and manager in relation to mine (Section 7)

Owner and agent of every mine shall jointly and severally be responsible for making financial and other provisions and for compliance with provisions of this Code and rules, regulations, bye-laws and orders made thereunder, relating to mine.

6. Duties of designers, manufacturers, importers or suppliers (Section 8)

Every person who designs, manufactures, imports or supplies any article for use in any establishment shall fulfil such duties as stipulated in Section 8 of Occupational Safety, Health and Working Conditions Code, 2020

7. Duties of architect, project engineer and designer (Section 9)

Architects, project engineers, or designers responsible for building or construction work must ensure that safety and health aspects of workers and employees are considered at the planning stage of projects.

1. 1. Adequate care shall be taken by the architect, project engineer and other professionals involved in the project, not to include anything in the design which would involve the use of dangerous structures or other processes or materials, hazardous to health or safety of building workers and employees during the course of erection, operation and execution as the case may be.
   2. It shall also be the duty of the professionals, involved in designing the buildings structures or other construction projects, to take into account the safety aspects associated with the maintenance and upkeep of the structures and buildings where maintenance and upkeep may involve such hazards as may be notified by the appropriate Government

8. Form-6: Notice of an accident which results in bodily injury at any place in establishment (Section 10(1), Rule 11(4))

If an accident at a factory, dock, mine, building, or construction site results in an injury preventing work for 48 hours or more, the employer must send a notice in Form 6 within 12 hours after the 48-hour period to the Inspector-cum-Facilitator electronically. However, If the 48-hour work disability period from an accident or dangerous occurrence does not happen immediately but later or in multiple spells, the employer must send a report to the Inspector-cum-Facilitator within 24 hours after the total disability period reaches 48 hours.

9. Form-6: Notice of certain dangerous occurrences (Section 11, Rule 11(2))

When any dangerous occurrence specified in the schedule annexed hereto, which results in such bodily injury to any person as is likely to cause his death, takes place in a factory, notice as mentioned in sub-rule (1) shall be sent also to: (a) The officer in charge of the nearest police stations; and (b) The family members /kin of the injured or deceased person

10. Form 6: Notice of accident or dangerous occurrence which results in death (Section 11, Rule 11(3))

Any notice given as required under sub-rules (1) and (2) shall be confirmed by the manager of the factory to the authorities mentioned in these sub-rules within 12 hours of the accident or the dangerous occurrence by sending them a written report in Form-6 electronically in the case of an accident or dangerous occurrence causing death or bodily injury to any person and in Form 6-A electronically in the case of a dangerous occurrence which has not resulted in any bodily injury to any person.

11. Form 8: Notice of Poisoning or Notifiable Disease (Section 12(1), Rule 12(a))

Where any worker in a factory contracts any disease specified in the Third Schedule of the Code, the occupier or the manager of the factory shall send notice within seven days in Form 8 electronically to the Inspector-Cum Facilitator of Factories.

12. Form 9: Notice of Disease (Section 12(1), Rule 12(b))

A notice in Form 9 shall be promptly sent electronically, by registered post, email, or special messenger to the Inspector-Cum-Facilitator by the employer (or contractor, for government construction work) upon occurrence of any disease notified under the Third Schedule.

13. Submission of details wrt. occupational safety and health statistics electronically on web portal in Gujarat (Rule 18 of Occupational Safety, Health and Working Conditions (Central) Rules, 2020)

Employer shall submit the details of occupational safety and health statistics electronically on web portal designated for the purpose