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January-February 2019

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palletcentral.com PalletCentral • January-February 2019 29 fence, in a roadway trench, or up on a roof or billboard working in an unsafe manner. For the pallet industry, this could include observations in an outdoor pallet storage or transport area, concerning the stability and height of stacks, the operation of forklifts, and use of fall protection and other PPE (personal protective equipment). OSHA is currently exploring the option of obtaining a blanket Public Aircraft Operator (PAO) authorization, which would allow it to "fly missions that meet the governmental functions listed in the Public Aircraft Statute. They also have the option of seeking civil operator status under the Federal Aviation Administration's civil rules. It appears that the first route may be limited to federal OSHA inspections, whereas state OSHA agencies (in 22 states) would need to pursue the civil operator route. While FAA blanket approval of OSHA use of drones is pending, the agency will require its regional administrators to have a remote pilot in command who passed an FAA test and get a UAS-rated license. All UAS will be registered, and logbooks kept (which may be accessible via a FOIA request, but that is not certain). More specifically, drones that will be used for OSHA inspections must weigh less than 55 pounds and be registered with the FAA if the UAS weighs more than 8.8 ounces. A regional representative will determine whether requests for UAS use and mission demands can be successfully fulfilled, including a cost/benefit analysis and a hazard assessment. Critically, at this time, OSHA says it will "obtain express consent from the employer prior to using UAS on any inspection." Personnel on site must be notified of the aerial inspection prior to launching a UAS. The OSHA representative operating the drone must keep a visual line of sight with the UAS, only operate it during the day (sunrise to sunset), and flight speed cannot exceed 100 mph. The UAS must yield right of way to manned aircraft, such as planes and helicopters. In order to protect yourself from unauthorized searches…it is important to know the do's and don'ts for OSHA when attempting to conduct [drone] surveillance of your worksite.

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