Compliance Requirements under the Rules in Accordance with the Code

1. Constitution of Safety Committee in Gujarat (Section 22(1), Rule 17)

Factories/establishments with major hazards, hazardous processes (50+ workers), factory wherein 250+ workers employed, or 250+ building workers must form a safety committee with employer and worker reps, incl. women. Tenure: 3 years. Worker representative chosen by trade union or workers if no union

Safety Committee shall have the right to be adequately and suitably informed of –

(a) potential safety and health hazards to which the workers may be exposed at workplace;

(b) data on accidents as well as data resulting from surveillance of the working environment and of the health of employees, conducted at such establishments/factories

2. Implementation of recommendations made by Safety Committee (Section 22, Rule 17(3))

Owner, employer, occupier, agent or manager shall, within a period of 15 days from the date of receipt of the recommendations of the Safety Committee shall take action to implement the recommendations.

3. Meetings of Safety Committee (Section 22, Rule 17(1)(d))

Safety committee shall meet at least once in every quarter for factories and building or other construction work.

In case of mines, the safety committee shall meet at least once in a month.

4. Composition of Safety Committee in Gujarat (Section 22, Rule 18)

Management representative:

a) Manager/CEO as Chairman;

b) Safety & Medical Officers, Safety Officer as Secretary;

c) Factory: representative from production, maintenance, purchase; Construction: representative from engineering, plant, machinery, purchase;

d) Common committee: 1 nominee/factory.

It is to be noted that:

(1) Workers’ representatives on the Safety Committee shall be chosen by the workers.

(2) Minutes of the meeting of the Safety Committee shall be recorded.

5. Functions and duties of Safety Committee in Gujarat (Section 22, Rule 19)

The Committee’s functions include:

(a) Addressing unsafe conditions/practices, based on worker reports.

(b) Reviewing safety measures before new operations/installations.

(c) Discussing accident reports and making recommendations.

(d) Implementing safety campaigns based on accident analysis.

Rule 18 (4) : Function and duties of the Safety Committee shall include –

(a) assisting and cooperating with the management in achieving the aims and objectives outlined in the “Safety and Health Policy

(b) dealing with all matters concerning health, safety and environment and to arrive at practicable solutions to problems encountered;

(c) creating safety awareness amongst all workers;

(d) undertaking educational, training and promotional activities;

(e) for factories discussing reports on safety, environmental and occupational health surveys, safety audits, risk assessment, emergency and disaster management plans and implementation of the recommendations made in the reports;

(f) looking into the matters likely to cause danger to the safety and health of the workers and suggest corrective measures; and

(g) reviewing the implementation of the recommendations made by it.

6. Composition of Safety Committee in case of mines (Section 22, Rule 21 of Occupational Safety, Health and Working Conditions (Central) Rules, 2020)

Chairman of the mining safety committee is the manager. It includes five mine officials nominated by the chairman, five workers nominated by mine employees, representatives from mining, electrical, and mechanical disciplines, the safety officer, and a qualified medical practitioner from the mine

Section 67 – Every mine shall be under a sole manager who shall have such qualifications as may be prescribed by the Central Government and the owner or agent of every mine shall appoint a person having such qualifications to be the manager: For Qualifications of Manager wrt. section 67 refer Rule 90

7. Appointment of Safety Officers in Gujarat (Section 22(2), Rule 24, 25, 26, 27 of Occupational Safety, Health and Working Conditions (Central) Rules, 2020)

In establishments that are:

a) Factories with 500 or more workers

b) Hazardous factories with 250 or more workers

c) Construction sites with 250 or more workers

d) Mines with 100 or more workers employer must appoint safety officers with prescribed qualifications & duties as per Govt. regulations

(i) Rule 24 of Occupational Safety, Health and Working Conditions (Central) Rules, 2020 states the qualifications of Safety Officer for Dock Works and Building or Other Construction Works

(ii) Rule 25 deals with the duties of Safety Officers in case of Dock Works

(iii) Rule 26 deals with Safety officer in case of mines

(iv) Rule 27 deals with duties of safety officer in case of mines

8. Number of Safety Officers appoint in Ordinary Factory established in Gujarat (Section 22(2), Rule 20(A)(a))

In every ordinary factory, the employer shall appoint Safety Officers in the establishment as follow:-

1. 1. 500 to 1500 workers: One safety officer
   2. 1501 to 3000 workers :Two safety officers
   3. 3001 and above: Two + one (for every additional 3000 workers or part thereof)

9. Number of Safety Officers Appoint where hazardous process is carrying established in Gujarat (Section 22(2), Rule 20(A)(b))

Establishment where hazardous process is carrying, the employer shall appoint Safety Officers in the establishment as follow:-

1. 1. 250 to 1000 workers: One safety officer
   2. 1001 to 2000 workers :Two safety officers
   3. 2001 and above: Two + one (for every additional 2000 workers or part thereof

10. Number of Safety Officers Appoint where major accident hazard is carrying established in Gujarat (Section 22(2), Rule 20(A)(c))

Major accident hazard units must appoint Safety Officers:

1. 250 to 1000 workers: One safety officer

2. 1001 to 2000: Two safety officers

3. 1501 to 3000: Three safety officers 4. 3001and above: Three + one (for every additional 1500 workers or part thereof)

11. Safety Officers Appoint where building and construction work is carried out in Gujarat (Section 22, Rule 20(B))

Employers must appoint a Safety Officer in establishments with 250+ workers in construction or 50+ workers in hazardous processes as per Schedule-I of the Gujarat Occupational Safety, Health and Working Conditions Rules, 2021.

12. Facilities to be provided to Safety Officers in Gujarat (Rule 23)

Employer of the establishment shall provide each Safety Officer with such facilities, equipment and information as are necessary to enable him to discharge his duties effectively.