Section 9 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 9 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) moves construction safety to the drawing board. It makes the architect, project engineer or designer of a building or construction project responsible for thinking about worker safety at the planning stage, and for designing out avoidable hazards, including those that arise later during maintenance.
The architect, project engineer or designer responsible for any building or other construction work, or for the design of a project or part of it, must ensure that at the planning stage due consideration is given to the safety and health of building workers and employees who erect, operate and execute it (section 9(1)). The design must not include dangerous structures or processes or materials hazardous to health or safety (section 9(2)). Designers must also consider safety in maintenance and upkeep, where the appropriate Government notifies the hazards (section 9(3)).
Sub-sections at a glance
| Sub-section | Who | Duty |
|---|---|---|
| 9(1) | Architect, project engineer or designer responsible for a building or other construction work, or the design of a project or part of it | Ensure that, at the planning stage, due consideration is given to the safety and health of building workers and employees engaged in erection, operation and execution of the project and structures |
| 9(2) | Architect, project engineer and other professionals involved | Take adequate care not to include anything in the design that involves dangerous structures or other processes or materials hazardous to health or safety during erection, operation and execution |
| 9(3) | Professionals designing buildings, structures or construction projects | Take into account the safety aspects of maintenance and upkeep where maintenance may involve such hazards as the appropriate Government notifies |
The section has three sub-sections and no penalty clause of its own. Contraventions are dealt with under the Code's general penalty provisions; see section 94.
What "building or other construction work" covers
The section rides on the Code's own definition of building or other construction work, which is in section 2(1). We have covered those clauses in our article on building work, dock work, port and railway definitions. If your project falls within that definition, section 9 applies to those who design it. Design and project consultancies working on such projects can discuss how to document this through our legal consultation service.
Reading each sub-section
Planning stage consideration (9(1))
"Due consideration" is a process duty, not an outcome guarantee. The Code does not prescribe a form or checklist in the text of section 9. A sensible record is a short design safety note, kept with the drawings, showing which construction and operation hazards were considered and what was done about them.
The people protected are "building workers and employees" engaged in erection, operation and execution. That reaches beyond the construction crew to those who will operate the finished structure, for example plant staff in an industrial building.
Keep dangerous design out (9(2))
Sub-section (2) is written as a prohibition on including in the design anything that would involve:
- dangerous structures;
- other processes; or
- materials hazardous to health or safety.
The duty is one of "adequate care". An architect who specifies a hazardous material where a safer alternative exists, without any record of why, is in a weak position.
Maintenance and upkeep (9(3))
This sub-section looks at the life of the building: cleaning of glass facades, roof access, lift shafts, tank cleaning and similar work. The duty applies where maintenance may involve hazards that the appropriate Government notifies. The text does not itself list those hazards; until a notification applies to your project, sub-section (3) has no specified hazard list to work from, so check the current notifications of the appropriate Government.
Who else is affected, and related provisions
Section 9 binds professionals, but the employer and contractor on the site have their own duties.
- The employer's general safety responsibility is in section 6.
- Suppliers of articles and substances are covered by section 8.
- For living accommodation and welfare on a construction site, the Code lets the Central Government prescribe rules under section 24.
- Central Rules 18 and 19 deal with safety officers for dock work and construction work, which shows how the Central Rules handle site safety organisation after design. Where a State Government is the appropriate Government, the State's own OSH rules apply.
Example. A design firm plans a warehouse with a roof of fragile sheets and no fixed access. The roof will need regular cleaning and repairs. Under 9(1) and 9(3), the firm should consider how workers will safely reach and work on the roof, for instance by specifying roof-access points, edge protection or load-bearing walkways, and note why. Under 9(2), it should avoid a design that depends on a structure or material known to be hazardous when a practicable alternative exists.
Need help with design-stage safety documentation?
Architects and project engineers who work on construction projects can build a simple design safety file to show what was considered at each stage. Our legal consultation team can help you align that file with the Code and the applicable rules for your State or the Centre.
Key takeaways
- Section 9 puts safety duties on architects, project engineers and designers at the planning stage.
- The design must not include dangerous structures, processes or materials hazardous to health or safety.
- Maintenance and upkeep hazards must be considered where the appropriate Government has notified them.
- The duty protects those who erect, operate and execute projects and structures.
- Record design-stage safety considerations; the text sets the duty but no specific form.
Read next
- Section 8: duties of designers, manufacturers, importers and suppliers
- Sections 10 and 11: notice of accidents and dangerous occurrences
- BOCW Act: safety, health and welfare at construction sites
- The four Labour Codes: complete guide
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.