Introduction
On 6 june 2025, gujarat government officially released the notification of fourth labor code( Gujarat Occupational Safety, Health and Working Conditions Rules, 2025″.) under the state labour, skill, and employment department. These regulations will be implemented once the govt. of india notify the date of implementation.
Labour commissioner, director and DISH are responsible for execution of these rules. This code is passed by the government of India in 2020 And now the Gujarat government is fully ready to implement these rules.
These new changes are applied on factories, buildings, construction sites and small, medium & large establishments.
The OHSWC code remove the older rules like:-
- Gujarat factories rules,1963
- Gujarat building & other construction worker rules, 2003
- Contract labour rules, 1972 etc.
These rules now may be called the gujarat occupational safety, health & working condition rules, 2025.
Purpose
These reforms are necessary to improve the working condition of the workers, enhance worker safety, streamline compliance, and align state regulation with national standards for factory owners and compliance officers understanding these changes is crucial to avoid penalties and ensure smooth operations.
Overview of Gujarat's 2025 Occupational Safety Code
Latest safety regulations under gujarat’s occupational safety & health, welfare code focus on key certification requirements for all new factories, construction sites and establishments as per the updated compliance requirement.
They all have to secure mandatory certification of occupation safety by paying necessary fees. Already functional and registered industries will have to take a new license.
Name of the regulation code:- occupational safety health and working condition ( OSHWC)
Impact:- Factories,Construction sites and small,medium, large establishments.
Applicability on categories:- the rules are applicable to factories categorized into three types ➖
- Category I FACTORIES- major accident hazard ( MAH) Installation.
- CATEGORY II FACTORIES-These include factories involved in hazardous processes, isolated storage, or industrial activities (including transport via carrier or pipeline) that handle hazardous chemicals in quantities less than the threshold limits specified in Column 3 of Schedule 2 and 3 under Rule 68J of the Gujarat Factories Rules, 1963, but still exceed 100 litres or kilograms at any given time.
- CATEGORY III FACTORIES- other than category 1 and category 2 employing > 100 workers on any day.
Regulatory bodies:-
CENTER :- MOLE ( ministry of labour and employment ) Create and oversees national policy
STATE :- state labor department and chief inspector of factories
The state government directed the labor commissioner and director(chief inspector), DISH, to prepare for the execution of the new regulations.
Key changes from previous regulations:-
Shift from registration to licensing for exciting factories:- Existing factories no longer need to apply for a fresh registration under the new OSHWC Code. Instead, they can simply update or convert their existing registration into a license as per the revised rules
Certificate of registration for new factories:- All newly established factories must obtain a Certificate of Registration in accordance with the provisions and compliance requirements of the OSHWC Code, as notified by the Gujarat government.
Increased applicability thresholds:– Under the OSHWC Code, which Gujarat’s new rules mirror, the threshold for defining an “establishment” or “factory” has been raised:
- Previously applicable to entities with 10 or more workers, the threshold has now been increased to 20 or more workers.
- This change means smaller establishments with fewer than 20 workers are no longer captured by many of the new safety, health, and welfare rules—simplifying compliance for them
Digital registration:- New employer/ occupier apply electronically in form I annexed to these rules if the industry is not registered. If industry is already registered in any other central labour law then it shall update the registration particulars within 6 months from the date on which the code comes into force and certification of registration shall be issued in form 2. If any factory is going to close its all business activities then it may apply for cancellation of registration.
Draft a safety committee:- every hazardous process factory which has 250 or more workers employed, shall constitute a safety committee.
Extra wages for overtime;- if a worker works in a factory more than 8 hours a day or more than 48hrs in any week, he shall in respect of overtime work. Be entitled to wages at the rate of twice his ordinary rate of wages.
Holidays and overlapping:- weekly holidays & compensatory holidays should be provided according to the OSHWC code and factories exempted for overlapping of gifts under sec 29.
Register of attendance, wages, overtime, fine, deduction for damage or loss:- these documents should be preserved in original for a period of 3 calendar years after the date of the last report or entry. Provided that when the original record is lost or destroyed before the expiry of one year period, true copies shall be preserved.
Legal Safety for Women Workers:- special provision relating to employment of women like –
- Transportation facility
- Time’
- Other facilities related to maternity leave
- Restroom
- Sanitary facilities
- Lightning and
- Safety during night shifts as per rules.
New changes could include licensing, safety audits reports, and digital registration system, register of accident & dangerous occurrence.
PENALTIES FOR NON COMPLIANCE AND FEE FOR REGISTRATION
Fees to be paid through e-payment for grant of a certificate of registration
NO. OF WORKERS | FEES |
Up to 49 | Rs. 500 |
50 to 99 | Rs. 1000 |
100 to 299 | Rs. 5000 |
300 & above | Rs. 10000 |
LATE FEES :- when an employer not submit the application for registration within days.
PERIOD OF DELYS | PERCENTAGE OF FEES |
Up to 30 days | 5% |
Up to 60 days | 10% |
Up to 90 days | 15% |
Above 90 days | 1% everyday |
Registration Update for Existing Factories Under New Labour Code
If you’re an employer of an existing factory that’s already registered under any existing Central Labour Laws—like the Factories Act, Contract Labour Act, EPF Act, ESIC Act, or others—you don’t need to worry about starting from scratch under the new labour code.
However, you must submit your factory’s details using Form 1 within 180 days from when the new code comes into effect.
You won’t have to pay any registration fees again this step is simply to bring your factory into the updated compliance system.
WORKERS RIGHT AND PROTECTION UNDER THE NEW CODE
1. ANNUAL HEALTH EXAMINATION:- the employer shall conduct a medical examination annually i.e within 120 days, free of cost from the commencement of the calendar year for those who have completed 45 years of age.
2. RIGHT TO INFORMATION :- Every worker has the right to access information regarding workplace health, safety, and welfare measures, ensuring transparency and awareness of their working conditions.
3. RIGHT TO TRAINING:- Every worker must get free, job-specific safety training before starting work or taking on new tasks. This training should be provided by qualified experts and tailored to the risks involved in the job.
4. RIGHT TO APPROACH THE INSPECTOR:- Every worker has the right to connect with the inspector directly or through his representative if he finds any adequate provision for protection of his health.
TIME PERIOD FOR APPLICATION OF LICENSE
Every application by a contractor for the grant of a license shall be made online electronically to the commissioner of labour.
Time Period to conducting OHS audit
INTERNALLY – At intervals not exceeding 12 months, by factory staff.
EXTERNALLY – OHS auditor
Once in two years for category I factories
Once in three years for category II factories
Once in four years for category III factories
In the year an external audit is carried out, there is no need to conduct an internal audit for that year.
Conclusion
The OHSWC Code Gujarat 2025 is a big step forward in making workplaces across the state safer, more responsible, and fully compliant with the law. With stricter audit requirements, clearly defined roles for safety officers, and alignment with national and global standards, the code puts worker well-being front and center.
It’s not just about following rules—it’s about building a culture where safety is part of everyday operations. For Gujarat, a state rapidly growing as an industrial powerhouse, this code sends a strong message: growth and safety must go hand in hand.
For employers, factory managers, and safety professionals, the takeaway is simple—safety isn’t a choice anymore. It’s a legal responsibility, and more importantly, it’s the foundation for long-term, sustainable success.
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