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.

On December 4, 2014, OSHA held an Advisory Committee on Construction Safety and Health (“ACCSH”) meeting.  ACCSH is an advisory body that provides advice and assistance to OSHA regarding construction standards. There are 15 members of this advisory committee and the committee is comprised of representatives for employers, employees, federal, state and public representatives.

ACCSH’s

Last week, OSHA issued compliance guidance for its Cranes and Derricks in Construction standard, CPL 02-01-057.  The Directive provides compliance guidance to Compliance Safety & Health Officers (CSHO) for inspections of construction employers operating cranes and/or derricks in construction activities.  Additionally, the Directive serves as a source of information to employers on how OSHA interprets

This week, OSHA issued a final rule delaying implementation of operator certification pursuant to 29 C.F.R. §1926.1427 for a three year period to November 10, 2017.  Section 1926.1427 addresses the training and certification requirements for crane operators in construction and was set to become effective on November 10, 2014.

In February, OSHA proposed the three

In August, 2013 we posted an article “OSHA in the Sky – FAA Policy on Application of OSHA Standards for Aircabin Crewmembers” – reporting on the FAA’s August 27, 2013 final policy statement outlining three areas where OSHA could regulate for cabin crewmembers  while on board an aircraft in operation. Flightcrew members (i.e. pilots and

In keeping its momentum on temporary workers, on August 25, 2014, OSHA and NIOSH released a joint publication outlining recommended practices for staffing agencies and host employers using temporary workers.

This publication follows the July 15, 2014 memorandum that was issued to Regional Administrators providing instructions to compliance officers who conduct inspections at worksites with

In November 2013, OSHA published a notice of proposed rulemaking, “Improve Tracking of Workplace Injuries and Illnesses,” to add electronic recordkeeping requirements that would require certain employers to electronically submit to OSHA injury and illness recordkeeping information on a quarterly and/or annual basis.  Additionally, the proposed rule would establish a public searchable website where OSHA

In April 2013, OSHA launched an enforcement initiative aimed at reducing injuries and illnesses suffered by temporary workers.  According to OSHA, the temporary worker industry has grown 125% since 1990 and approximately 10 million employees are in temporary jobs per year.  Given the increased reliance on staffing agencies and temporary workers, OSHA has made it

Each year since 1976, the appropriations bill contains a rider that prohibits OSHA from spending funds on the enforcement of OSHA rules, regulations and standards for farming operations with 10 or fewer non-family employees.  And, there is no exception to this prohibition, such as for fatality or imminent danger cases.

OSHA has a directive on

In 2005, California OSHA (Cal-OSHA) promulgated its Heat Illness Prevention standard, Section 3395, regulating employees’ exposure to heat for all outdoor places of employment.  This standard is unique to California.  Neither Federal OSHA nor any other state operated OSHA program has developed a similar standard governing heat exposure.

While Federal OSHA has no specific standard

On April 11, 2014 OSHA officially promulgated final standards updating the general industry and construction standards for work on electrical power generation, transmission and distribution installations – 29 C.F.R. § 1910.269 and 29 C.F.R. Part 1926, Subpart V.  OSHA also issued final standards covering electrical protective equipment, §§ 1910.137 and 1926.97.  The final standards contain