Drones and Construction Safety

Michael Jandzinski, OHST. Safety & Health Consultant
Susan G. Fahmy, CSP, Director of Safety

Drones, also known as unmanned aerial vehicles (UAVs), have seen much technological advancement since they were first used in the military. Today’s drones are more lightweight and more agile than previous versions. They can also stream live video. All while being operated from the ground by a pilot.

Drone systems – which usually consist of an operator, control system, ground and satellite equipment, communication links and the drone itself – are now being used in various ways on construction sites. Soon we can expect to find drones on construction sites as often as drills and scaffolds, especially if they can continue to improve worker safety, boost jobsite efficiency and reduce costs for contractors.

According to the National Institute of Occupational Safety and Health (NIOSH), “the emerging uses of UAVs in the construction industry range from aiding with construction project planning by aerial mapping of a construction site to extending the actual building of structures.”

Drones can monitor construction sites, especially large sites or those spread out over several locations, often more quickly and efficiently than on-the-ground construction management. Drones can be equipped with infrared cameras, radar and other technology that enhances their surveillance capabilities on a jobsite. This information is useful for tracking not only construction progress but also workers, equipment and material on a jobsite. In the case of highway work zones, drones can inspect the entire expanse of road or an adjacent structure when fast-moving traffic presents a serious hazard for workers.

OSHA Now Using Drones to Inspect Employer Facilities

The Occupational Safety and Health Administration (OSHA) issued a memorandum in 2018 announcing that agency inspectors are now authorized to use drones to collect evidence during inspections in certain workplace settings. As of now, the employer must be made aware of this and grant consent. However, OSHA is seeking a Blanket Public COA from the FAA to be able to use the drones anywhere in the country.

During 2018, OSHA reportedly used drones with cameras to conduct at least nine inspections of employer worksites. The drones were primarily used following serious employee injuries at worksites that were considered too dangerous for OSHA inspectors to physically inspect. This included a building collapse, a combustible dust blast and a chemical plant explosion.

Drones quickly provide OSHA inspectors a detailed view of a facility, drastically increasing what can be viewed. This raises a number of questions.

Historically, employers are advised that if an OSHA compliance officer arrives at their company, they should escort them directly to the location they are requesting to see. OSHA is permitted to investigate anything that is in “plain sight” but cannot just freely explore the worksite. The use of drones with cameras might identify more hazards than the traditional walk around would.

During a typical OSHA inspection the employer is encouraged to accompany the inspector. This includes taking the same pictures, measurements and other data so that the employer obtains the same information as the inspector gathered during the walk around. When a drone is used this becomes extremely difficult to accomplish. Prior to giving consent, an employer should ensure that:

·      they have a voice in establishing the drones flight plan

·      all photographs and videos will be shared

·      the issue of employer’s trade secrets is addressed.

Under OSHA’s Multi-Employer Worksite Citation Policy, more than one employer can be held liable for a hazardous condition. This is common on construction sites. Can a General Contractor give consent for drone use during an inspection involving a worksite involving multiple employers? Who has authority to grant consent?

The use of drones is not going away. They are being used by contractors to get the job done more efficiently, cost-effectively and safer. OSHA is likely to expand the use of drones from worksites that are considered too dangerous for OSHA to inspect, to use in more routine inspections. Employers need to be prepared for their arrival and continued use.