It’s a Bird! It’s a Plane...Machine Guarding 29 CFR 1910.212 10. Eye & Face Protection 29 CFR...

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


(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


(908) 303-8359 | Flemington, NJ3

Presentation Outline

• An Overview

• OSHA Inspection Priorities & Process

• Drone Operations

• Drone Inspection Considerations

• After the Inspection

• Summary / Q&A


(908) 303-8359 | Flemington, NJ

What’s New at OSHA?

New or Enhanced

RegulationsMore Severe Penalties

More AggressiveEnforcement

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(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.

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(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

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(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

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(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

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• 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

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(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

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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


(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.

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(908) 303-8359 | Flemington, NJ

The Inspection Process

• Opening Conference• Inspection Tour

• Use of Drones

• Closing Conference

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(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.

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(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

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(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

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(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)

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(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

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(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)

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(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

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(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

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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)


(908) 303-8359 | Flemington, NJ

How to Operate a Drone

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(908) 303-8359 | Flemington, NJ

A ‘Drone’s Eye’ View

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Polling Question #2

Does your organization currently use drone operations for any activities such as inspections, etc.?

A. NoB. YesC. Not Sure


(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)

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(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)

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(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.

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(908) 303-8359 | Flemington, NJ

What to Require from OSHA

• Operating Conditions• UAS Registration• Pilot Certification• UAS Certification• Others

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(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

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(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)

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(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

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(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

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(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

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(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

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(908) 303-8359 | Flemington, NJ

After the Inspection

• The Appeals Process• Employers• Employees

• Notice of Contest• Timing• Format

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(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


(908) 303-8359 | Flemington, NJ

Questions?

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(908) 303-8359 | Flemington, NJ

Thank You!


(908) 303-8359 | Flemington, NJ

Jack Fearing, CPEAManaging Partner

Fearing International Group LLC(908) 303-8359 / [email protected]

www.fearing-international.com

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http://www.fearing-international.com/


(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.


(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

It’s a Bird! It’s a Plane...Machine Guarding 29 CFR 1910.212 10. Eye & Face Protection 29 CFR...

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