Issue link: http://palletcentral.uberflip.com/i/1099303
32 PalletCentral • January-February 2019 palletcentral.com So, is the use of drones by OSHA something to be concerned about? There are a number of factors to consider. If you deny the use of UAS, will they return with a warrant to use them anyway … and risk becoming a target for a harsher inspection, a "bad faith" employer who will be denied 10% of the potential fine deduction (OSHA maximum penalties just rose to $132,598 on January 23, 2019)? Another concern, on the flip side, is that OSHA drones will be shooting videotape, which can capture trade secrets … as well as employees caught in the act of doing something that constitutes a legal violation of OSHA rules. OSHA also cooperates with the EPA, so if the drone captures something in the environmental area that is improper, they can share the video and trigger an EPA visit. OSHA's memo also fails to detail how the information gathered might be protected, and with whom it would be shared – including through FOIA requests. Will employees be concerned about being captured on drones without their express consent, and do you need a policy for this? While there may be more questions than answers at this point about the practical impact of drone inspections, it is wise to educate your supervisors and workers now, so that if an OSHA UAS team shows up, everyone will know their rights. You can also choose to adopt a policy in advance on whether a warrant will be required at all, only for UAS inspection activities, or for all OSHA inspections. The choice is yours … at least for now! PC SAFETY Adele L. Abrams is an attorney and safety professional who repre- sents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. Adele can be reached at (301) 595-3520 or www.safety-law.com. OSHA also cooperates with the EPA, so if the drone captures something in the environmental area that is improper, they can share the video and trigger an EPA visit. OSHA's memo also fails to detail how the information gathered might be protected, and with whom it would be shared – including through FOIA requests.