Workplace Safety
Workers have the right to a safe workplace.
The Occupational Safety and Health Act (OSHA) was passed in 1970 to prevent workers from being killed or seriously harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers. OSHA sets and enforces protective workplace safety and health standards, and provides information, training, and assistance to employers and workers. OSHA also gives workers important rights to participate in activities to ensure their protection from job hazards.
A workplace safety program is a written set of policies, procedures, standards, and practices that establishes a formal procedure for workplace safety that is compliant with state and federal laws. Safe work procedures direct the activity regarding all hazardous tasks performed at a workplace to eliminate or minimize risks.
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Employer Responsibilities
Employers have the responsibility to provide a safe workplace for their workforce. If hazards are identified, employers must correct the safety and health problems.
A workplace must follow all OSHA safety and health standards. OSHA provides workplace safety and health protection to most private sector employers and their workers, and federally covered public sector employers and workers across the United States and certain territories and jurisdictions.
The employers’ duty under OSHA is to eliminate or reduce hazards by making practicable changes in working conditions. Examples could be determining unsafe chemical use that traps harmful fumes resulting in unclean air in the workplace. In this example, corrective action would go beyond the typical personal protective equipment including facemasks, gloves, and/or earplugs.
Self-employed workers are not covered by OSHA. Federal agencies must also have a safety and health program that meets the same standards as private employers. Due to the 1998 amendment to OSHA, the U.S. Postal Service is covered the same as any private sector employer.
Worker Protection is Enforced by Law
OSHA gives workers and their representatives the right to see information that employers collect on hazards in the workplace. Workers have the right to know what hazards are present in the workplace and how to protect themselves.
To protect employees from harm, OSHA standards for employers requires workers the rights to have protective equipment and to take measures to address the following:
- Fall protection, such as a safety harness or lifeline.
- Trench cave-in prevention measures.
- Safety procedures for workers who enter confined spaces (manholes, trenches, or grain bins).
- Equipment to lessen the exposure to high levels of noise that can damage hearing.
- Prevention of exposure to harmful levels of substances such as asbestos and lead.
- Instruments with built-in safety features to prevent skin punctures or cuts that could cause exposure to infectious diseases.
- Worker training must be in the language and vocabulary that workers understand.
Employers must also comply with the General Duty Clause of OSHA. This clause requires employers to keep their workplaces free of serious recognized hazards and is generally cited when no specific OSHA standard applies to the hazard.
Estate Planning
No matter what your legal needs may be, our attorneys possess the knowledge and experience to provide you with the legal counsel you require. Our lawyers are experienced across a range of areas including Estate Planning, Elder Law, Asset Protection and Medicaid Planning, Probate and Trust Administration, and more. We are committed to providing personalized attention and high-quality legal advice to all our clients.
Our knowledgeable attorneys will ensure that you have the information you need to make informed decisions about your legal matter. Contact us to schedule your consultation by calling (440) 930-4001.
Estate Planning Attorneys Help Plan for the Future
Estate planning attorneys help individuals and families plan for the future. They create wills, trusts, guardianships, powers of attorney, and much more. Estate planning lawyers also assist with estate administration and taking care of your assets during life, thereby helping to ensure that all decisions are properly recorded and implemented as intended after death.
Estate planning is essential for everyone, ranging from those who simply want to establish their healthcare directives and last will, to those looking to name a guardian for any minor children, or preserve an inheritance in trust. With the right estate plan, families can protect themselves from the uncertainty of life’s events.
Regardless of the size or complexity of the legal issue, our attorneys deliver the thoughtful guidance needed to ensure that all of your affairs are settled according to your wishes.
What is a Trust?
A trust is a legal document that allows you to specify how and when your assets are transferred to your beneficiaries after your death. Trusts can be used to pass assets to loved ones, charitable organizations, or for other purposes. Trusts can also help reduce estate and income taxes for your beneficiaries and preserve your wealth.
Trusts often avoid probate, which can allow beneficiaries to access assets more quickly than if they were transferred through a will.
Frequently Asked Questions
Can you have both a will and a living trust?
Yes, it is possible to have both a will and a living trust in your estate plan. A will outlines how you would like your assets to be distributed after death, while a living trust is used during your lifetime to manage those same assets. Having both documents can ensure that all of your wishes are carried out after you are gone. If you have questions about how a will and trust can work together for your estate plan, let an experienced estate planning attorney guide you at Gembala, McLaughlin & Pecora.
How much does it cost to set up an estate plan?
The cost to set up an estate plan can vary depending on the complexity of your situation. Factors like the size of your estate, the number of beneficiaries, and the types of documents needed can all affect the cost of a basic estate plan. At Gembala, McLaughlin & Pecora, we offer consultation calls so you can get an estimate of what your estate plan will cost. We strive to provide comprehensive services at a reasonable rate so that everyone can have peace of mind knowing their future is secure.
Contact Us
Please call us at 440.930.4001 to schedule an appointment or complete the form below. We look forward to connecting with you soon.
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