“OSHA will not be using drones to conduct covert surveillance,” says Aaron Gelb, of Conn Maciel Carey, a firm that represents employers, adding that in order for OSHA to use a drone to help conduct an inspection, the agency must get employers’ consent. “They have to get your permission.”
Gelb says that the agency flying a drone near a worksite and spotting a workplace hazard is a potential outcome, because the agency has done so in the past. “I wouldn’t be surprised if they use it in an adjacent area that is public property,” he says. OSHA inspectors can observe an outdoor worksite from across the street if they are in a public space and can cite hazards that are in “plain view.”
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