Cotney Authors FRSA Article on Technology’s Expanding Role in OSHA Compliance

Adams & Reese Partner and Construction Team Leader Trent Cotney authored an article for the Florida Roofing and Sheet Metal Contractors Association titled “OSHA’s Expanding Use of Technology,” which outlines how the federal agency has moved beyond relying solely on physical, on-site inspections. He explains that OSHA increasingly uses publicly available digital content, including company websites, social media posts, marketing materials, and drone footage, to build enforcement cases without ever setting foot on a property.

Cotney notes that contractors routinely generate progress photos, videos, and promotional content that, while serving legitimate business purposes, create time-stamped records of jobsite conditions available for OSHA review. Compliance officers monitor this content to identify potential violations, such as working at elevated heights without fall protection or missing PPE, and may use it to initiate inspections, support citations, or corroborate findings from site visits.

Cotney recommends construction companies align marketing and communications practices with safety compliance, offering several key recommendations:

• Establishing an internal review process for any content captured on active job sites, verifying that visible conditions comply with safety standards, and ensuring that employees are using appropriate protective equipment.

• Training employees who are responsible for capturing or posting content on the compliance implications of what they capture, including basic awareness of fall protection and PPE requirements.

• Incorporating contract language with third parties (consultants, drone operators), addressing ownership, control, and approval of images and footage before public sharing.

• Periodically auditing existing online presence on various platforms, including websites, social media accounts, and marketing archives, to proactively address potentially problematic content.

Cotney concludes that the modern jobsite extends into the digital space, and OSHA has recognized this shift and adjusted its enforcement practices. Construction companies that integrate compliance into their marketing and communications strategies will be better positioned to manage risk in a digital landscape where a single image can have serious legal implications. 

The full article is available here.