제 목 : Ruling OKs OSHA's Camera Work
일 자 : 1997년 07월
제공처 : Safety ＆ health
OSHA inspectors who videotaped workers in off-site hazardous conditions
were within their rights, the Occupational Safety and Health Review
Commission ruled in March.
In one case, then-admrnistrator Joseph A.Dear observed from a hotel room
in Orlando, Fla., workers without fall protection. He summoned a compliance
officer who videotaped the laborers as they worked 80 feet above ground.
The officer then went to the work site, presented his credentials, and inter-
viewed employees and a foreman.
In the other case, the director of OSHA's New York City office saw workers
renovating a building without visible fall protection. A compliance officer
dispatched to the scene went to another building near the site and videota-
ped workers 25 stories above ground without fall protection. He, too, then
went to the work site and presented his credentials.
Both employers contested the citation, arguing the officers violated
the Fourth Amendment and Section 8(a) of the OSHAct, which requires
compliance officers first to present credentials, then to enter a work
site, then to conduct an inspection. But the review commission upheld
the citations, saying the work sites were in plain view, and that
Section 8(a) does not apply to off-site inspections and does not preclude
an officer from first observing from another location.
The commissioners were displeased, however, that the officers videotaped
workers rather than stopping their hazardous activity.
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