While the Cal/OSHA Standards Board (Board) has received much more attention in the last two years relating to the COVID-19 Emergency Temporary Standards (ETS) the Board is turning to some more basic issues pertaining to workplace safety. At its upcoming April 21, 2022 meeting the Board will consider revisions to first aid kit requirements both
Sean Paisan
Sean Paisan is of counsel in the Orange County, California, office of Jackson Lewis P.C. He is the leader of the firm’s Cal/OSHA practice subgroup and co-leader of the firm’s Construction industry group. His practice focuses on assisting employers with Cal/OSHA compliance, investigations, and fighting citations. Additionally, Sean also assists employers in data privacy and traditional employment matters, including litigation and counseling.
Sean’s first exposure to OSHA regulations occurred during his undergraduate studies while working for a construction company that helped build Disney’s California Adventure. After attending law school and working for the Los Angeles County District Attorney’s Office and the United States Attorney’s Office, Sean moved into private practice, where he focused on general liability matters, including serious injuries and fatalities. Through this experience, Sean became very knowledgeable on the myriad of Cal/OSHA regulations imposed on businesses, especially in the construction, manufacturing, and healthcare industries, and the consequences for violations of those regulations. From there, Sean became OSHA 30 certified and began assisting employers with all workplace safety matters, from compliance, to investigations and inspections, to the appeals of citations in California, Arizona, Washington, and Hawaii.
Throughout his career, Sean has been called upon to try cases that cannot be settled. He has handled trials in the United States District Court, California Superior Court, Cal/OSHA Appeals Board, Workers Compensation Appeals Board, and the US Department of Labor OALJ, as well as binding arbitrations. Sean has tried cases involving the following subjects: general employment, wrongful death, premises liability, unfair competition (B&P § 17200), false advertising (Lanham Act), misappropriation of trade secret, restrictive covenants, and whistleblower (AIR21).
In addition to his trial experience, he is routinely called on to assist his clients with workplace crises such as catastrophic injuries, fatalities, data breaches, and ransomware incidents. Drawing on his years of in both civil and criminal law, Sean’s unique background allows him to anticipate and proactively manage issues, rather than simply reacting to requests and inquiries by investigating agencies such as law enforcement, OSHA, Cal/OSHA, California Bureau of Investigations (BOI), Federal Aviation Administration (FAA), National Transportation Safety Board (NTSB), as well as opposing counsel in litigation matters.
In addition to his litigation experience, Sean has earned the CIPP/US credential through the International Association of Privacy Professionals (IAPP). He helps organizations manage rapidly evolving privacy threats and mitigate the potential loss and misuse of information assets. He has an in-depth understanding of how privacy laws can impact business operations. These laws include the Health Insurance Portability and Accountability Act (HIPAA), Federal Trade Commission Act (FTC Act), Health Information Technology for Economic and Clinical Health Act (HITECH), Genetic Information Nondiscrimination Act (GINA), Fair Credit Reporting Act (FCRA), Gramm-Leach-Bliley Act (GLBA), Fair and Accurate Credit Transaction Act (FACTA), Dodd-Frank Wall Street Reform and Consumer Protection Act, California Financial Information Privacy Act, Family Educational Rights and Privacy Act (FERPA), Telemarketing Sales Rule, Telephone Consumer Protection Act (TCPA), Junk Fax Prevention Act, Controlling Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM), Cable Communications Policy Act, Video Privacy Protection Act, Children’s Online Privacy Protection Act (COPPA), California Online Privacy Protection Act (CalOPPA), California Consumer Privacy Act (CCPA), and California Privacy Rights Act (CPRA). With respect to laws affecting the ability of the government to obtain information, Sean can assist employers in understanding their obligations under the Federal Wiretap Act, Electronic Communications Privacy Act (ECPA), Communications Assistance for Law Enforcement Act (CALEA), Right to Financial Privacy Act, Privacy Protection Act, Foreign Intelligence Surveillance Act (FISA), and USA PATRIOT Act.
Before becoming an attorney, Sean earned his bachelor’s degree in accounting from the University of Southern California, where he also played varsity ice hockey in the ACHA. When not practicing law, Sean enjoys spending time with his wife and three young children, playing adult league ice hockey, mountain biking, and motorsports.
California DIR Takes Aim at Public Works Construction Sites – Construction Employers Should Review Workplace Safety Compliance
The Department of Industrial Relations’ (DIR) Labor Enforcement Task Force (LETF) has announced an initiative to inspect publicly funded construction sites to ensure employers provide worker’s compensation and follow labor laws, including workplace health and safety requirements.
With this new focus, construction employers who work on public works projects should review their workplace compliance to…
California Changes Mask Guidance for Public Settings and Workplaces
The same week that California’s third round of COVID-19 Supplemental Paid Sick Leave went into effect, the Governor released the state’s strategy for the endemic phase of COVID-19.
Aligning with the new endemic strategy, on February 28, the California Department of Public Health (CDPH) issued revised guidance regarding masks. Effective March 1, 2022,…
Statewide Universal Masking Expires February 15th but Employers Need to Consider Local and Cal/OSHA Requirements
In January the California Department of Public Health (CDPH) extended universal masking indoors through February 15, 2022, due to a continued COVID-19 surge. In advance of the expiration, Governor Newsom announced that universal masking would not be extended again. The CDPH also published mask guidance for after February 15th.
Effective February 16,…
300A Alert! Reminder to Post and Report Annual Summary of Work-Related Injuries and Illnesses
California employers are required to post their annual summary of work-related injuries and illnesses, including COVID-19 illness, in a visible and easily accessible area at every worksite from February 1st through April 30th. Employers are required to use Cal/OSHA’s Form 300A for this posting.
Employers can find an overview regarding completing both…
Cal/OSHA Again Delays a Vote to Adopt the Federal ETS But Provides Additional Cal/OSHA ETS Guidance
At the start of their January 20th meeting, the Cal/OSHA Standards Board announced they would not consider the proposal to adopt the federal ETS, also known as a Horcher proposal. This comes shortly after the U.S. Supreme Court upheld a stay on the federal Emergency Temporary Standard.
If this feels like déjà vu, you…
Cal/OSHA and CDPH Issue Clarifying Guidance on Isolation and Quarantine Requirements
At the end of the year, California’s Department of Public Health (CDPH) issued updated guidance regarding Isolation and Quarantine, which applied to workplaces per the Governor’s prior Executive Order. The timing of this guidance was rather awkward, as the Cal/OSHA Standards Board had recently approved changes to the Cal/OSHA ETS set to go into effect…
Cal/OSHA Finally Publishes Public Notice to Follow CDPH Guidance
On December 16, 2021, the Cal/OSHA Standards Board adopted the third version of the Cal/OSHA ETS with new exclusion and return to work requirements for COVID-19 cases and close contacts.
On December 30, 2021, the California Department of Public Health (CDPH) issued new guidance for Isolation and Quarantine for the General Public. This new…
California Employers Must Comply with the Cal/OSHA ETS While Uncertainty Continues with Federal ETS
On December 16, 2021, Cal/OSHA’s Standards Board voted to readopt the Cal/OSHA COVID-19 Emergency Temporary Standards (Cal/OSHA ETS) with several revisions. And just a day later the U.S. Court of Appeals for the Sixth Circuit lifted the stay on the federal Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (federal ETS). The timing…
Cal/OSHA’s ETS is Amended and Extended to April 2022
On December 16, 2021, Cal/OSHA’s Standards Board voted to readopt the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) with several revisions. This amended readoption of the ETS will go into effect on January 14, 2022, and will remain in place until April 14, 2022. Only one member of the seven-person Standards Board voted against it.
This…