Background
Under the Gujarat Occupational Safety, Health and Working Conditions Rules, 2025, both employers and employees have clearly defined responsibilities to ensure a safe and healthy work environment. Employers are required to provide necessary safety equipment, maintain machinery and workspaces, conduct regular safety audits, display safety instructions, and ensure compliance with registration and reporting requirements under the rules. They must also organize training programs and take preventive measures to minimize workplace hazards. Employees, on the other hand, are expected to follow safety guidelines, use protective equipment properly, report unsafe conditions, and cooperate with employers during inspections and training. These duties aim to foster a culture of shared responsibility, reduce workplace accidents, and promote the health and welfare of all workers. By clearly delineating roles, the rules enhance accountability and strengthen overall occupational safety and compliance within establishments in Gujarat.
Applicability
The Gujarat Occupational Safety, Health and Working Conditions Rules, 2025, when read with the OSH Code, apply to:
Compliance Requirements under the Act in Accordance with the Rules
Every employer shall,—
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
Occupier of factory/Employer of building/construction must provide free annual medical exams for workers aged 45 & above within 120 days from start of every calendar year. Exams to be conducted by qualified medical officer as per Form5. Medical Certificates to be submitted to both employer & employee
No employee shall be employed in any establishment unless he has been issued a letter of appointment in the prescribed format.
Format for Factories / building or other construction work /Establishments:-
Every employer shall provide an appointment letter to each employee upon their hiring, containing the prescribed particulars. If an employee hasn’t been issue an appointment letter,they must be issued the same within 3 months of commencement of Gujarat Occupational Safety, Health and Working Conditions Rules, 2025
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.
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
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
If an accident/dangerous occurrence specified in Sch I in a factory causes work disability of 48+ hours, the Manager must send a Report to the Inspector-cum-Facilitator electronically in Form 6 within 24 hours after 48 hours. If disability occurs later or in spells, the report must be sent within 24 hours after total disability reaches 48 hours.
If an accident at a factory results in a death/serious bodily injury or any dangerous occurrence specified in Schedule annexed hereto takes place, the occupier/manager must immediately send a notice thereof by telephone and through messenger to the Inspector cum Facilitator. Where dangerous occurrence specified in Schedule to the Rules results in bodily injury leading to death, Notice to be sent to the officer-in-charge of the nearest police station; and the family members /kin of the injured or deceased person also.
Factory managers must confirm any accident/dangerous occurrence notice resulting in death or bodily injury within 12 hours of accident/dangerous occurrence by submitting Form 6 electronically to the Inspector cum Facilitator.
Factory managers must confirm any dangerous occurrence notice within 12 hours by submitting Form 6-A electronically in the case of a dangerous occurrence which has not resulted in any bodily injury to the Inspector cum Facilitator.
If an injured person dies after accident/dangerous occurrence reports are sent, the factory manager must notify authorities by phone/electronically or special messenger, and confirm in writing within 12 hours.
If an accident at a building or other construction work results in an injury preventing work for 48 hours or more, the employer must send a notice in Form 7 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.
If an accident in a building or construction work results in a death/serious bodily injury or any dangerous occurrence specified in Schedule annexed hereto takes place, the occupier/manager must immediately send a notice thereof by telephone and through messenger to the Inspector cum Facilitator.Where dangerous occurrence specified in Schedule to the Rules results in bodily injury leading to death, Notice to be sent to the officer-in-charge of the nearest police station; and the family members /kin of the injured or deceased person also.
Factory managers must confirm any accident/dangerous occurrence notice resulting in death or bodily injury within 12 hours of accident/dangerous occurrence by submitting Form 7 electronically to the Inspector cum Facilitator.
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.
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.
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/s99: Any person who, without reasonable excuse the burden of proving which shall lies upon him, omits to make or furnish in the prescribed form or manner or at, or within, the prescribed time any plan, section, return, notice, register, record or report required by or under any provision of this Code to be made or furnished, he shall be liable to penalty which shall not be less than one lakh rupees but which may extend to two lakh rupees.
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 :
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