Section 9: Duties of person in respect of audio-visual production

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter III: Duties of Employer and Employees
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 9

Section 9 of the Occupational Safety, Health and Working Conditions Code, 2020 imposes direct statutory responsibilities upon architects, project engineers, and structural designers engaged in building and construction work to integrate structural integrity, worker ergonomics, and occupational safety into the planning, blueprint, and design phases of construction projects.

  • Safety Integration at the Design & Planning Stage: Architects and project engineers are statutorily prohibited from designing structures or construction schemes that create inherent, avoidable risks of collapse, fall, or occupational disease during execution, repair, or maintenance.
  • Elimination of Inherent Construction Hazards: Requires designers to factor in scaffold anchoring, crane operation zones, structural wind loads, safe excavation margins, and emergency evacuation corridors into master architectural specifications.
  • Independent Professional Regulatory Exposure: Violations of safety design standards expose consulting architects and project engineers to statutory show-cause notices, regulatory disqualification, and joint penal prosecution alongside the principal contractor.
Key Landmark Precedents:
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Supreme Court ruled that engineering and architectural planning must actively eliminate hazardous substances (such as asbestos) and dangerous methods that compromise worker health under Article 21.
  • Municipal Corporation of Greater Mumbai v. Kohinoor CTNL Infrastructure Co. (2014) 4 SCC 538: Supreme Court held that structural design safety, fire safety, and human evacuation provisions in architectural design are non-negotiable legal imperatives prevailing over commercial convenience.
Courtroom Practice & Strategic Litigation Guidance:

Construction developers and lead contractors must execute formal contracts with architects and structural engineers incorporating mandatory Section 9 compliance covenants. Require project engineers to issue written 'Constructability and Safety Risk Assessments' (CSRA) for temporary works, deep excavations, and tall scaffolding before ground execution commences.