Flying over and active construction site (In the USA)

I have had a client ask us to get a 107.39 waver? From my understanding, this kind of waver is extremely hard to get. Only 20 have been issued in the past 2 years. Anyone has a suggestion on how they have proceeded about working on an active construction site. If it helps at all the site will have restricted access and everyone on site is wearing PPE. 

107.39 Operation over human beings.
No person may operate a small unmanned aircraft over a human being unless that human being is:

(a) Directly participating in the operation of the small unmanned aircraft; or

(b) Located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.


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