Photo of 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 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.

Federal OSHA’s Occupational Injury and Illness Recording and Reporting Requirements (effective January 1, 2015) require employers to report in-patient hospitalizations, amputations and loss of an eye within 24 hours. The Virginia Occupational Safety and Health (VOSH) regulation was intended to mirror the federal requirements but a legislative drafting error resulted in the reporting period for

OSHA’s new reporting requirements began on January 1, 2015. Under these requirements, employers in federal OSHA jurisdiction are required to report to OSHA any work-related fatality or any work-related injury resulting in an employee being formally admitted to the hospital or any work-related amputation or loss of an eye. Since the implementation of these new

In an interpretation letter dated June 1, 2015, OSHA answered the question “Under OSHA regulations 29 CFR 1926.95(a) who is responsible for the laundering of fire retarding clothing that is provided to employees?” The section states that protective equipment “shall be provided, used, and maintained in a sanitary and reliable condition” but does not elaborate

On July 20, 2015, OSHA published a long awaited Directive on the revised Hazard Communication Standard (“HCS”), Inspection Procedures for the Hazard Communication Standard (HCS 2012), CPL 02-02-079. The Directive is intended to provide inspection and enforcement guidance to compliance officers regarding the final Hazard Communication Standard published in March 2012. However, the Directive

Authored by:  Linda Otaigbe

OSHA has recently issued several memoranda updating guidance on its Process Safety Management (“PSM”) standard. On June 5, 2015, OSHA issued a memorandum to Regional Administrators explaining how inspectors should enforce recognized and generally accepted good engineering practices (“RAGAGEP”) requirements. Among other things, OSHA explained that when an employer’s internal standards

On May 4, 2015, OSHA published the Confined Spaces in Construction standard, 29 C.F.R 1926, Subpart AA.  The new standard is effective August 3, 2015.  Several interested stakeholders petitioned the agency for a delay in the August enforcement date citing the  need for additional time to train employees and obtain the necessary equipment to comply

In an interpretation letter to the National Athletic Trainers’ Association dated July 6, 2015, OSHA reversed its earlier interpretation that the use of kinesiology tape is considered medical treatment for recordkeeping purposes.

Late 2014, OSHA issued an interpretation letter to Ms. Linda Ballas, which stated that the use of kinesiology tape is considered medical treatment

Employers may soon find OSHA Compliance Safety and Health Officers (CSHOs) asking for additional information during the course of an OSHA inspection. On July 31, 2014, the President signed Executive Order 13673 (Order): Fair Pay and Safe Workplaces. The purpose of the Order is to ensure that employers who contract with the federal government

OSHA issued a memorandum to Regional Administrators on April 22, 2015 to provide further guidance on evaluating the combustion hazards associated with dust accumulation. Currently, it is possible to infer from OSHA’s Directive, CPL 03-00-008, Combustible Dust National Emphasis Program (Reissued), that any dust accumulation of 1/32nd inch or more presents a deflagration or