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 IX of the Code are applicable to:
Compliance Requirements under the Rules in Accordance with the Code
Women can work in all establishments and for all types of work under this Code. They may also work before 6 a.m. and after 7 p.m. with their consent, subject to safety, holiday, working hour regulations, or other conditions set by the government.
Adequate transport must be provided for safe pick-up and drop. Workplaces, including access paths and facilities like toilets, washrooms, and drinking water, must be well-lit and nearby. Safe, secure, and healthy working conditions must be ensured to prevent disadvantage. Compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is mandatory.
Employers must ensure adequate safety measures before employing women in hazardous or dangerous operations or processes that could endanger their health or safety.
The central government may declare by notification the class of establishments and the scheme, and standards for safeguarding of women in hazardous and dangerous processes.
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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