What are Arunachal Pradesh's rules under the Occupational Safety, Health and Working Conditions Code, 2020?
Jurisdiction: Arunachal Pradesh state rules under the Occupational Safety, Health and Working Conditions Code, 2020.
Arunachal Pradesh notified the Arunachal Pradesh Occupational Safety, Health and Working Conditions Rules, 2022 by notification dated 1 April 2022 (No. LAB(W)03/2020), published in the Arunachal Pradesh Extraordinary Gazette (No. 132, Vol. XXIX) on 2 May 2022. The notification covers establishment registration, employer and employee duties, accident and disease reporting, the state safety and health board, safety committees and officers, working hours and overtime, registers and returns, inspection, and the contract-labour, migrant-worker and factory provisions. This page synthesizes those obligations from the gazette text; the verbatim rule-by-rule text is on the linked /states page, and the source PDF is available for download below.
Key facts
- Parent code
- Occupational Safety, Health and Working Conditions Code, 2020
- Jurisdiction
- Arunachal Pradesh (state rules)
- Notified
- 2 May 2022
- Gazette reference
- No. LAB(W)03/2020, dated 1 April 2022, Government of Arunachal Pradesh, Department of Labour and Employment, published in the Arunachal Pradesh Extraordinary Gazette No. 132, Vol. XXIX, 2 May 2022
Key obligations
Scope, commencement and definitions
Source: Rules 1 to 4 (Chapter I) and the notification's rule-making clause
Chapter I titles the rules, sets their extent and commencement, and supersedes four earlier state instruments.
- These rules are called the Arunachal Pradesh Occupational Safety, Health and Working Conditions Rules, 2022, extend to the whole of Arunachal Pradesh, and come into force from the date the Occupational Safety, Health and Working Conditions Code, 2020 takes effect (rule 1).
- They are made in supersession of the Arunachal Pradesh Building and Other Construction Workers Rules, 2006 and its 2016 amendment, the Contract Labour (Regulation and Abolition) Arunachal Pradesh Rules, 1995, the Inter-State Migrant Workmen Arunachal Pradesh Rules, 1993, and the Arunachal Pradesh Factories Rules, 2012 (the notification's rule-making clause).
- A member of an employee's family with income up to 5,000 rupees per month from all sources, or the limit notified by the ESIC, is included as a dependent (rule 3), and a hazardous substance is one specified in Schedule A (rule 4).
Registration of establishments
Source: Rules 5 to 7 (Chapter II)
Chapter II sets the registration application, the deemed-registration timeline, late fees, sector-specific registration and appeals.
- An employer applies for registration in Form I, and the certificate in Form II is issued within seven working days, failing which the establishment is deemed registered and the certificate is auto-generated (rule 5).
- Late registration attracts a late fee of 25% of the fee for a delay up to 60 days, and an additional 1% for every day of delay thereafter (rule 5).
- Rule 5 also sets distinct registration procedures for plantations, motor transport undertakings, beedi and cigar work, audio-visual production, building and other construction work, and contract work.
- An employer aggrieved by the Registering Officer's order may appeal to the Appellate Officer within 30 days, and the appeal is disposed within 30 days (rule 6); notice of commencement or cessation of operation is filed in Form IV within 30 days (rule 7).
Duties of employer and employee, accidents and diseases
Source: Rules 8 to 13 (Chapter III)
Chapter III covers annual health examinations, appointment letters, and the reporting of accidents, diseases and imminent danger.
- Every employer arranges a free annual medical examination in Form V for each worker who has completed 45 years of age, within 120 days of the start of each calendar year (rule 8).
- No employee is engaged without a letter of appointment in Form VA, and an employee already engaged without one is issued it within three months (rule 9).
- A fatal accident is notified forthwith in Form VI to the Inspector-cum-Facilitator, the District Magistrate or Sub-Divisional Officer, the police and the family; a non-fatal accident disabling a worker for 48 hours or more is reported in Form VI within 12 hours after that period (rule 10).
- A disease notified under the Third Schedule is reported in Form VIA (rule 11), and on information of imminent danger the employer takes immediate remedial action and reports it in Form VIA (rule 13).
Occupational safety and health machinery
Source: Rules 14 to 16 (Chapter IV)
Chapter IV constitutes the state advisory board, safety committees and safety officers.
- The State Government may constitute the Arunachal Pradesh Occupational Safety and Health Advisory Board, chaired by the Secretary (Labour and Employment), with nominated members holding office for three years (rule 14).
- Every establishment employing 250 or more workers constitutes a Safety Committee with an equal number of employer and worker representatives, meeting at least once a quarter, and the employer acts on its recommendations within 15 days (rule 15).
- Safety Officers are appointed on a scale rising with worker numbers, from one officer for 250 to 500 workers up to five officers for 5,001 to 10,000 workers, with one additional officer per further 5,000 workers, and must hold the prescribed qualifications (rule 16).
Hours of work, overtime and leave
Source: Rules 17 to 20 (Chapter V)
Chapter V sets the weekly rest day, compensatory holidays, overtime pay and the notice of periods of work.
- The weekly day of rest is shown on a notice displayed outside the office of every establishment (rule 17), and compensatory holidays are arranged so that not more than two fall in one week (rule 18).
- Overtime work beyond eight hours in a day or 48 hours in a week is paid at twice the ordinary rate, a worker's overtime cannot exceed 125 hours in a quarter, and for monthly-paid workers the daily wage is one twenty-sixth of the monthly wage (rule 19).
- The notice of periods of work is maintained in Form VII and a copy is sent to the Inspector-cum-Facilitator (rule 20).
Registers, records and returns
Source: Rule 21 (Chapter VI)
Chapter VI sets the combined register, the notice board and the annual return.
- Every employer maintains a combined register of workers, wages, overtime, fines and deductions in Form VIII, kept at or near the establishment and preserved for one calendar year (rule 21).
- The employer displays a notice board showing the establishment's hours of work, wage period, dates of wage payment and the last five years' record of accidents and dangerous occurrences (rule 21).
- The annual return in Form IX reaches the Inspector-cum-Facilitator by 1 February following each calendar year, and registers of accidents (Form X) and of leave with wages (Form XI, preserved for two years) are maintained (rule 21).
Inspection, empanelled experts and special protections
Source: Rules 22 to 30 (Chapter VII)
Chapter VII covers the Inspector-cum-Facilitator, safety auditors and the protections for women and hazardous processes.
- The Inspector-cum-Facilitator may take a sample of any substance in three sealed and marked portions (rule 23) and, after inspection, issues a prohibition or improvement notice in Form XII (rule 24).
- Empanelled safety auditors conduct a safety audit at least once every two years and report within one month, and the occupier forwards an action-taken report to the jurisdictional Inspector-cum-Facilitator within 30 days (rule 25).
- Women may be employed at night only with their consent, adequate transport, well-lit facilities near the workplace, compliance with the Sexual Harassment of Women at Workplace Act, 2013, and not fewer than three women on any below-ground work (rule 29); additional safety measures apply to specified hazardous processes (rule 30).
Contract labour, migrant workers and factory provisions
Source: Rules 31 to 87 (Chapter VIII, Parts I to VI)
Chapter VIII carries the sector provisions for contract labour, inter-State migrant workers, and the detailed factory regime.
- A contractor's licence conditions require hours of work and wages compliant with the OSH Code and the Code on Wages, principal-employer facilities where contract workers are on its premises, and, where the contractor fails to pay minimum wages, payment by the Labour Commissioner from the security deposit or bank guarantee (rule 31).
- An inter-State migrant worker is entitled to a journey allowance (rule 44), a toll-free helpline (rule 45) and a periodic study of such workers (rule 46).
- Part-VI carries the detailed factory provisions, including approval of plans (rule 54), registration and licensing (rules 56 to 58), medical examination (rule 77), occupational health centres (rule 78), an ambulance van (rule 79) and permissible exposure limits for chemical and toxic substances under section 88 (rule 84).
Enquiry, compounding and appeals
Source: Rules 88 to 91 (Chapter IX)
Chapter IX sets out compounding of offences, the enquiry into penalties and the appeal.
- The Compounding Officer notified under section 114 issues a compounding notice, the person noticed may deposit the compounding amount within 15 days, and a composition certificate is issued within 10 days of receipt of the amount (rule 88).
- An enquiry under section 111 is held by a gazetted officer not below the rank of Under Secretary to the Government of Arunachal Pradesh (rule 89), and an appeal against the Enquiry Officer's order lies to the Appellate Authority, an officer not below Joint Secretary, within 30 days with a fee of 25% of the penalty imposed (rule 90).
Frequently asked questions
Official gazette PDF
No. LAB(W)03/2020, dated 1 April 2022, Government of Arunachal Pradesh, Department of Labour and Employment, published in the Arunachal Pradesh Extraordinary Gazette No. 132, Vol. XXIX, 2 May 2022