Drones are an advanced technology increasingly used by large construction companies to collect real-time data about projects and understand what’s happening on the jobsite. Aerial insights improve progress tracking and help catch problems early  —  before they become costly or add weeks to a project’s timeline. But what if the drone flying over a construction site happens to be operated by OSHA to collect evidence during a workplace safety evaluation? A recent brief in ConstructionDive cites a Bloomberg article reporting that OSHA issued a memorandum in 2018 authorizing its investigators to use camera-equipped drones to assist in their worksite inspections. ConstructionDive reported the new OSHA policy raises questions related to privacy and the right of employers to protest an inspection that goes beyond the original scope. It also noted there is ambiguity around how one employer’s authorization affects the rights of other companies that might be on the jobsite.

Should drones be allowed to gather evidence by the federal Occupational Health and Safety Administration in its workplace investigations?