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 are applicable to all the Establishments covered under Gujarat Occupational Safety, Health and Working Conditions Rules, 2021.
The Rules shall be read in conjunction with the OSH Code, 2020 and the Code on Social Security (Central) Rules, 2020.
Compliance Requirements under the Rules in Accordance with the Code
Employer/occupier seeking registration for an establishment/factory not already registered shall apply electronically in Form 1 within sixty days from the date of such applicability of this Code, on the portal of Commissioner of Labour by giving details about the establishment/factory, and submitting/uploading documents related to Registration of the establishment / factory, proof of Identity and address of the employer(s) /occupier as specified in the Form. The Form shall be signed digitally or in any other manner as may be required.
Employer shall quote the Registration Number on all documents prepared or completed by him in connection with the Code or the Rules or the Regulations or the Scheme, as the case may be, and in all correspondence with the office concerned
Certificate of registration shall be non-transferable and a copy of the certificate of registration shall be displayed in the premises of the establishment at the conspicuous place in hard copy or electronically.
Employer in respect of an establishment already registered under any other central labour law for the time being in force shall, update the registration particulars on Portal of the Commissioner of Labour, within six months from the date on which the Code comes into force.
Any change in the ownership, management or any particular furnished in Registration Form submitted on the specified portal shall be updated on the portal by the employer within thirty days of such change.
Within 30 days of starting or completing any work, the employer must inform the local Inspector-cum-Facilitator electronically using Form-IV. This information will be automatically shared with EPFO and ESIC.
The employer of an establishment to which the provisions of the Code apply and whose business activities are in process of closure, may apply for cancellation of registration online on Portal of the Commissioner of Labour after giving complete details of the dues payable under the Central Labour Codes: Provided that no such application for cancellation of registration. shall be entertained unless the employer has furnished all statutory returns, paid all statutory dues under the Central labour Codes and any other Central labour law in force in accordance with the law applicable for the time being and submitted a self-certification to that effect along with the application.
Within 30 days of starting or ceasing operations, employers of factories, mines, contract labour, or construction must electronically submit Form-IV to Registering Officer. Notice of cessation shall include a certificate confirming all worker dues are paid and premises are free of hazardous substances
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
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