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.

As the days grow warmer, California employers with outdoor places of employment should think about compliance with California’s Heat Illness Prevention Regulations (Cal. Code of Regs. tit. 8, § 3395). To comply with the regulations, California employers should take four essential steps:

  • Develop and implement written procedures for addressing heat illness prevention;
  • Train employees and

On May 23, 2014 the full semiannual regulatory agenda for federal agencies was published.  This regulatory agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for over 60 federal departments, agencies, and commissions.

The regulatory agenda for the Department of Labor

OSHA’s standard, 29 C.F.R. § 1926.1427, which sets out operator qualification and certification requirements for cranes used in the construction industry is currently set to take effect on November 10, 2014.  However, after significant concerns among stakeholders regarding these requirements, in February, OSHA proposed a three-year extension to the operator certification deadline and requested public

Background

On June 15, 2005, OSHA proposed to update its existing standards on Electric Power Generation, Transmission, 29 C.F.R. § 1910.269 (Operations and Maintenance) and 29 C.F.R. Part 1926, Subpart V (Construction).  OSHA’s primary objective in revising the two standards was to align and update the rules for the construction of transmission and distribution installations

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

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

Enforcement, New Rules are Themes of MSHA, OSHA Budgets. Enforcement and new regulations are twin themes of the proposed 2015 fiscal year budgets of two Department of Labor (DOL) safety and health agencies.

More Money

At a recent American Bar Association meeting, Jordan Barab, Deputy Assistant Secretary of Labor for OSHA, Dorothy Dougherty, Deputy Assistant Secretary of Labor for OSHA and Tom Galassi, Director of Enforcement Programs, all stressed the agency’s continued focus on key enforcement initiatives, such as temporary workers, workplace violence and heat stress.  In addition, they emphasized

On February 11, 2014, OSHA issued a long awaited Shipyard Employment “Tool Bag” Directive (CPL 02-00-156).  While the Directive provides compliance guidance to Compliance Safety & Health Officers (CSHO) for inspections of shipyard employers, it also provides guidance to covered employers.  The Directive is a source of information on how OSHA interprets various requirements and

Over the last several years, Federal OSHA has become increasingly active with “policing” state approved plans – states that develop and operate their own job safety and health programs.  Recently, Cal/OSHA has come under fire for how it classifies a repeat citation.

Currently, Cal/OSHA classifies a repeat violation as

a violation where the employer has

In addition to proposing a three-year extension to the operator certification requirements under the final cranes and derricks in construction standard, 1926 – Subpart CC, OSHA further extended the temporary enforcement policy memorandum regarding the use of proximity alarms and insulating links on cranes and derricks operating near power lines.

OSHA’s final standard for cranes