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Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
It’s a Bird! It’s a Plane -OSHA’s New Drone Inspection Program
Jack Fearing, CPEAApril 21, 2020
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ2
Due to the constantly changing nature of governmentregulations, it is impossible to guarantee the total andabsolute accuracy of the material contained herein orpresented. Fearing International Group LLC™ (FIG) cannotand does not assume any responsibility for omissions, errorsor ambiguity contained and will not be held liable in anydegree for any loss, damage or injury caused by any suchomission, error or ambiguity present. It is made available withthe understanding that FIG is not engaged in rendering legal,accounting or professional service in this presentation. If legaladvice is required, the services of such a professional shouldbe sought.
Disclaimer
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ3
Presentation Outline
• An Overview
• OSHA Inspection Priorities & Process
• Drone Operations
• Drone Inspection Considerations
• After the Inspection
• Summary / Q&A
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
What’s New at OSHA?
New or Enhanced
RegulationsMore Severe Penalties
More AggressiveEnforcement
4
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Increased Civil Penalties
Violation Type Current Maximum Penalty
Other than SeriousSerious
Posting Requirements$13,260. per violation
Failure to Abate $13,260. per day beyond the abatement date
Willful & Repeat $132,598. per violation
Note: State Plan states that operate their own OSHA Plansare required to adopt maximum penalty levels that are atleast as much as federal OSHA.
5
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
FY 2019 “Penalty Box”
Region Amount TriggerI $1,792.000. FatalityV $1,326,000. ComplaintV $782,526. ComplaintV $724,380. SSTIII $687,650. Amputation
6
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Who Get’s Inspected?
• Construction Sites – 52%• Manufacturing Facilities – 23%• Wholesale Companies – 15%• Others: 10%
• Waste Management• Transportation and Warehousing• Retail• Health Care
FY 2018
7
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
FY 2019 – Top Ten Violations
1. Fall Protection: General 29 CFR 1926.501
2. Hazard Communication 29 CFR 1910.1200
3. Scaffolding 29 CFR 1926.451
4. Lockout/Tagout 29 CFR 1910.147
5. Respiratory Protection 29 CFR 1910.134
6. Ladders29 CFR 1926.1053
7. Powered Industrial Trucks 29 CFR 1910.178
8. Fall Protection: Training29 CFR 1926.503
9. Machine Guarding29 CFR 1910.212
10. Eye & Face Protection29 CFR 1926.102
8
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
• Imminent Danger – 5%• Fatalities & Severe Injuries* – 8%• Employee Complaints – 21%• Referrals 17%• National Emphasis Programs –
40%• Follow-Up – 10%Note*: All work-related fatalities must be reported to OSHA within 8 hours and all
work-related inpatient hospitalizations, amputations, or losses of an eye within 24 hours.
OSHA Inspection Priorities
9
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Preparing for an Inspection
• Select a team, develop procedures & provide training:• Safety personnel• Operations and Maintenance• Human Resources and Legal• Employee / Bargaining Unit• Others?
• Ensure compliance with applicable standards:• Previous inspections and/or citations• Current OSHA “Top Ten”• New/revise regulations• Metrics and NEP’s
10
Fearing International Group LLC“A certified Veteran-Owned Small Business (VOSB)”
(908) 303-8359 | Flemington, NJ11
Polling Question #1.0
Has your organization developed any written guidance regarding an OSHA compliance inspection?
A. Nothing in writingB. Safety is responsible for all
compliance inspectionsC. Yes and its included in our EAP with
functional responsibilitiesD. Not sure
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
What Happens When OSHA Knocks on Your Front Door?
The Compliance Officer (CHSO) must present his or her credentials upon arrival at a site designated for inspection. Employers should always insist upon seeing the Compliance Officer’s credentials.
12
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
The Inspection Process
• Opening Conference• Inspection Tour
• Use of Drones
• Closing Conference
13
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
What is a Drone?
1: A stingless male bee (as of thehoneybee) that has the role of matingwith the queen and does not gathernectar or pollen.
14
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
What is a Drone?
• A Drone is a system:1. Unmanned Aircraft (UAS):
- Ground Control Station- Command & Control Link(s)
• Also known as:• Unmanned Aerial Vehicle (UAV) • Remotely Piloted Aircraft
System (RPAS) • RC Model Aircraft
15
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Why Use Drones
Drone operations are particularly effective for inspections (OSHA or Internal) that are dangerous and/or in difficult or remote locations:
• Humans are not put at risk• Continuous operations are possible• Operate Remotely• Cost effective
17
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
What is the FAA’s Authority?
• Drones are aircraft and must comply with FAA regulations:
• Rules for routine operation of small UAS (<55 pounds):• 14 CFR Part 107
• An aircraft is any device used, or intended to be used, for flight:• 49 U.S.C. §40102(a)(6)
18
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Part 107 Basics
• UAS operators must obtain a Remote Pilot Certificate
• Visual line-of-sight, daylight operations
• 400 feet or below in uncontrolled (Class G) airspace; other airspace use requires authorization
• UAS must weigh less than 55 lbs. and be registered with FAA
19
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Drone Operations
Legal• Class G airspace• Under 400 ft altitude• Within Line of Sight• Outside of 5 NM of an
airport• Other locations will require
additional FAA authorization
Safe• No flying over non-participants• Area should be secured or very
likely to have no incursions• Spectators should be:
o 65 ft away for planeso 25 ft away for multi-rotors
(quadrotors)
20
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Airspace Classifications
• Operations in Class G without ATC authorization• Operations in Class B, C, D & Class E surface areas
require ATC authorization
21
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Ground Control Station
Control & Communication Link
RC & Safety Link
Visual Observer Pilot in
Command (PIC)
Ground Control Station
Control & Communication Link
RC & Safety Link
How to Operate a Drone
22
l PIC – Pilot in Command
l Visual Observer (VO)
l Ground Control Station (GCS)
l Radio Controller
l Safety Link / RC Communication
l Control & Communication (C2)
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
How to Operate a Drone
23
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
A ‘Drone’s Eye’ View
24
Fearing International Group LLC“A certified Veteran-Owned Small Business (VOSB)”
(908) 303-8359 | Flemington, NJ25
Polling Question #2
Does your organization currently use drone operations for any activities such as inspections, etc.?
A. NoB. YesC. Not Sure
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Things That Can Go Wrong• Pilot Error!• Weather Issues• Loss of Communication• Fly-Away – Automated System Error• Loss of GPS• Loss of Altitude (IMU failure)
26
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
OSHA’s Use of Drones During Inspections
• Memorandum Dated May 18, 2018• To all Regional Administrators• Designated UAS Program Manger:
• Train operators and observers• Review all related records
• Operator under the Civil Rules(14 CFR part 107)
27
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
OSHA’s Drone Procedures
• Must have “express consent” from employer• Qualified Pilots & Observers
- Minimum of three team members • All drones must be registered with the FAA• Drones must weigh <55 lbs.• Maintain visual line-of-sight & daylight hours• Not exceed 400 above the ground or top of the
structure being inspected• Not operate over any person not directly
involved in the inspection• Maintain log books & report accidents to the
FAAOSHA Drone Deployment Kit – Two-way radios, binoculars, laptops, smartPhones, UV lens for the camera and batteries and charging equipment.
28
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
What to Require from OSHA
• Operating Conditions• UAS Registration• Pilot Certification• UAS Certification• Others
29
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Employer Concerns
• Observe additional violations:- Facility and/or employee- Other federal agencies (e.g., EPA)
- “in plain view” • Trade secrets• Ability to accompany the inspector• Others
30
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Citations & Penalties
After the CHSO reports findings, the Area Director determines what citations and what related penalties, if any, will be issued:
üCitations inform the employer and employees of regulations and standards alleged to have been violated and of the proposed length of time set for their abatement
üThe employer will receive citations and notices of proposed penalties by certified mail (up to 6 months)
31
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Multi-Employer Citation PolicyMulti-Employer Worksites - On multi-employer worksites (in all industry sectors), more than one employer may be citable for a hazardous condition that violates an OSHA standard:
ü The Creating Employer – The employer that caused a hazardous condition that violates an OSHA standard
ü The Exposing Employer – An employer whose own employees are exposed to the hazard
ü The Correcting Employer – An employer who is engaged in a common undertaking, on the same worksite, as the exposing employer and is responsible for correcting a hazard
ü The Controlling Employer – An employer who has general supervisory authority over the worksite, including the power to correct safety and health violations itself or require others to correct them. Control can be established by contract or, in the absence of explicit contractual provisions, by the exercise of control in practice
ü Multiple Roles:• A creating, correcting or controlling employer will often also be an exposing employer. Consider
whether the employer is an exposing employer before evaluating its status with respect to these other roles.
• Exposing, creating and controlling employers can also be correcting employers if they are authorized to correct the hazard
32
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Polling Question #3
Has your organization had an OSHA compliance inspection, including the use of drones, since the 2018 memorandum?
1. Yes2. No 3. Not Sure
33
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Criminal Penalties
In addition to civil penalties, the following may result in criminal penalties:
ü Willful violation causing death
ü Giving unauthorized, advance notice of an inspection
ü Knowingly providing false information
ü Assaulting or hampering the work of an OSHA inspector
34
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
After the Inspection• Posting Requirements
• Employer Options
• Informal Conference and Settlement
• Contesting Citations
• Petition for Modification of Abatement (PMA)
• Follow-up Inspections & Failure to Abate
• Discrimination and False Information
35
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
After the Inspection
• The Appeals Process• Employers• Employees
• Notice of Contest• Timing• Format
36
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ37
• An Overview
• OSHA Inspection Priorities & Process
• Drone Operations
• OSHA Drone Inspection Considerations
• After the Inspection
• Summary / Q&A
Important Points to Remember
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Questions?
38
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Thank You!
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
Jack Fearing, CPEAManaging Partner
Fearing International Group LLC(908) 303-8359 / [email protected]
www.fearing-international.com
39
Fearing International Group LLC“Occupational & Aviation Safety Experts”
(908) 303-8359 | Flemington, NJ
About the SpeakerJack a Certified Professional Environmental Auditor (CPEA) and theManaging Partner for Fearing International Group LLC, a Veteran-owned Small Business (VOSB) global occupational and aviationsafety consulting firm in Flemington, NJ.
Jack has more than 30 years of experience in occupational safety and healthmanagement and DOD aviation safety. He is a professional member of theNew Jersey chapter of the American Society of Safety Professionals (ASSP).He was the Chapter Safety Professional of the Year (SPY) in 2019.
Jack has extensive hands-on experience in developing OSHA & FAAcompliance programs, employee and management training and coordinatingwith state and Federal regulatory agencies in both union and non-unionenvironments. Jack is a graduate of the University of Massachusetts (BS inBiology) and Boston University (M.Ed in Environmental Science). He is aretired US Army Lt Colonel and served as a utility helicopter pilot and AviationSafety Officer in a Combat Aviation Brigade on active duty. He has an FAAcommercial pilot’s license with an instrument rating.
Fearing International Group LLC“A certified Veteran-Owned Small Business (VOSB)”
(908) 303-8359 | Flemington, NJ48
OSHA Inspection Resources
https://www.osha.gov/publications
FactSheetOSHA InspectionsThe Occupational Safety and Health Administration is committed to strong, fair and effective enforcement of safety and health requirements in the workplace. OSHA inspectors, called compliance safety and health officers, are experienced, well-trained industrial hygienists and safety professionals whose goal is to assure compliance with OSHA requirements and help employers and workers reduce on-the-job hazards and prevent injuries, illnesses and deaths in the workplace.
Normally, OSHA conducts inspections without advance notice. Employers have the right to require compliance officers to obtain an inspection warrant before entering the worksite.
Inspection PrioritiesOSHA cannot inspect all 7 million workplaces it covers each year. The agency seeks to focus its inspection resources on the most hazardous workplaces in the following order of priority:
1. Imminent danger situations—hazards that could cause death or serious physical harm receive top priority. Compliance officers will ask employers to correct these hazards immediately or remove endangered employees.
2. Severe injuries and illnesses—employers must report:
• All work-related fatalities within 8 hours.• All work-related inpatient hospitalizations,
amputations, or losses of an eye within 24 hours.
3. Worker Complaints—allegations of hazards or violations also receive a high priority. Employees may request anonymity when they file complaints.
4. Referrals of hazards from other federal, state or local agencies, individuals, organizations or the media receive consideration for inspection.
5. Targeted inspections—inspections aimed at specific high-hazard industries or individual work-places that have experienced high rates of injuries and illnesses also receive priority.
6. Follow-up inspections—checks for abatement of violations cited during previous inspections are also conducted by the agency in certain circumstances.
Phone/Fax InvestigationsOSHA carefully prioritizes all complaints it receives based on their severity. For lower-priority hazards, with permission of a complainant, OSHA may telephone the employer to describe safety and health concerns, following up with a fax providing details on alleged safety and health hazards. The employer must respond in writing within five working days, identifying any problems found and noting corrective actions taken or planned. If the response is adequate and the complainant is satisfied with the response, OSHA generally will not conduct an on-site inspection.
On-site InspectionsPreparation—Before conducting an inspection, OSHA compliance officers research the inspection history of a worksite using various data sources, review the operations and processes in use and the standards most likely to apply. They gather appropriate personal protective equipment and testing instruments to measure potential hazards.
Presentation of credentials—The on-site inspection begins with the presentation of the compliance officer’s credentials, which include both a photograph and a serial number.
Opening Conference—The compliance officer will explain why OSHA selected the workplace for inspection and describe the scope of the inspection, walkaround procedures, employee representation and employee interviews. The employer then selects a representative to accompany the compliance officer during the