Tressi L. Cordaro

Profile

Ms. Cordaro 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.  She has successfully secured OSHA withdrawals of citations without the need for litigation.  Her 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. 

Experience

Experience: 

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.

Before joining Ogletree Deakins, Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and current 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 OSHRC and  advocated the Commissioner’s position during decisional meetings with other Presidentially-appointed members of the Commission.  For example, she was instrumental in researching and drafting Commissioner Thompson’s vigorous dissenting opinion in the important decision in Secretary of Labor vs. Summit Contractors 23 BNA OSHC 1196 (No. 05-0839, 2010).  The dissent argues that contrary to the majority’s ruling, OSHA lacks statutory authority to cite employers on a multi-employer worksite on the basis of “controlling employer” theory. These arguments will doubtlessly be presented to the United States Court of Appeals for the District of Columbia to which Summit has appealed.  These experiences have given Ms. Cordaro a keen understanding of how OSHA interprets and applies its statute and standards, and an insider’s view of how successful litigation positions are best presented.

In addition, Ms. Cordaro served 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 and has given several presentations on the standard’s requirements. 

Education and Honors

Education: 

J.D., Whittier Law School, 2001
B.S., Old Dominion University, 1997

Honors and Awards: 
  • Selected for 2005 U.S. Secretary of Labor's Exceptional Achievement Award for work done with Cranes & Derricks Negotiated Rulemaking

Professional Activities

Professional Activities: 
  • American Bar Association (Labor and Employment Section)
  • Women's Bar Association of the District of Columbia
Speeches:
  • U.S. Occupational Safety & Health Review Commission, Judicial Conference - "Significant Decisions" - Washington, D.C. - August 30, 2012
  • Edison Electric Institute, Safety and Health Committee - "OSHA Update" - Albuquerque - April 30, 2012
  • American Bar Association, Midwinter Meeting Occupational Safety & Health Law Committee - "Significant Decisions" - Sarasota - March 16, 2012
  • National Federation of Independent Business (NFIB) - "OSHA Fundamentals - What Every Small Business Owner Needs to Know and Do Before, During and After an OSHA Inspection" - Webinar - October 26, 2011
  • Specialized Carriers & Rigging Association (SC&RA) 2011 Crane & Rigging Workshop - "Preparing for OSHA's Recent Climate Change" - Philadelphia - September 21, 2011
  • Ogletree Deakins Seminar - "The New OSHA in 2011 – What You Need to Know (and Do) Before, During and After an OSHA Visit" - Pittsburgh - February 10, 2011
  • American Industrial Hygiene Conference and Exposition - "OSHA Regulatory Update for the Construction Industry: Confined Spaces in Construction and Cranes and Derricks in Construction" - Anaheim - May 23, 2005
  • CONEXPO/AGG 2005 - "Cranes and Derricks in Construction" - Las Vegas - March 2005
  • 15th Annual Construction Safety Council - "Developing a New Safety Standard for Cranes and Derricks in Construction" - Chicago - February 2005

In The News

Media Quotes:
  • May 10, 2013 - Law360 - "OSHA Inspections Could Become Union Organizing Tool"
  • December 8, 2011 - BNA's Construction Labor Report - "D.C. Circuit Grills Sides in ‘Summit' Case On General Liability, Collateral Estoppel"
  • December 8, 2011 - BNA's Occupational Safety and Health Daily - "D.C. Circuit Grills Sides in ‘Summit' Case On General Liability, Collateral Estoppel"
  • October 27, 2011 - FOXBusiness.com - "How to Prep for and Handle an OSHA Inspection"
  • August 2011 - Cal-OSHA Reporter - "Legislative Update - First Aid for Electrical Workers"
  • September 27, 2006 - Cranes Today - "CDAC Crane Law to Pass By End of 2008"
Published Works: