When may OSHA use a drone at an employer site?

With OSHA directive CPL 02-01-169, agency inspectors are not limited to work areas that are unsafe or hard-to-reach. Instead, small unmanned aircraft systems (SUASs), or drones, may be used for any purpose outlined below:

• To collect evidence during inspections in certain workplace settings, including areas that are inaccessible or pose a safety risk to inspectors;
• For technical assistance in emergency response; and
• During compliance assistance or training activities.

An employer’s express consent is not required. OSHA inspectors will attempt to obtain express consent from the employer prior to deploying a drone on any inspection. This consent is not required to be in writing. The inspector will advise the employer of the purpose of using the drone and notify employees in the vicinity of the aerial inspection prior to launching a drone.

OSHA will inform employers of the altitudes and intended flight route, as well as measures taken to ensure overall safe operations. Whenever the employer refuses to consent to the flight, inspectors are instructed to take certain steps, which may include seeking a warrant.