The latest issue of our weekly Workplace Safety and Health newsletter is available for viewing and contains the following articles:

MSHA Rebuffed in Application of Flagrant Violation Tool. Federal Mine Safety and Health Review Commission Administrative Law Judge Alan Paez has rejected MSHA’s attempt to use prior citations and orders alleging “significant and substantial” violations (S&S) and unwarrantable failures to support a flagrant violation against Kentucky mine operator, Blue Diamond Coal Co.

OSHA Issues Guidance on Recordkeeping Duties for Temporary Workers. OSHA has issued a bulletin under its Temporary Worker Initiative to instruct staffing agencies and companies that hire temporary workers on their recordkeeping responsibilities. The agency’s Temporary Worker Initiative combines enforcement, outreach and training. It was launched because temporary workers were suffering serious or fatal injuries, many during their first days on the job. The bulletin is the first in a series of guidance documents intended to raise awareness about OSHA compliance requirements regarding temporary workers.

Ask a Jackson Lewis Attorney Q: We operate a 24/7 business. One of our employees has worked one weekend each month for the past two years due to her job requirements. Now, she has advised us that she can no longer work on Saturdays because she has become more religious, and Saturday is her Sabbath. Can she change her availability in this way? Do we have to excuse her from weekend work?

Click here to download the newsletter and read the full articles.

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Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.

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