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Indiana Asbestos Laws


Those that have work in manufacturing and any number of industries in Indiana may have been exposed to asbestos materials, which is consistent with other workers around the country.  Asbestos was vaunted as a miracle material that could withstand high temperatures, repeal water and insulate any number of structures.  This means that all possible forms of asbestos, barring naturally occurring deposits, can be found in Indiana.  The Indiana department of environment management is the state level organization that enforces Indiana asbestos law and ensures compliance with EPA regulations.

Demolition and Renovation

Indiana has stringent asbestos laws regarding construction and abatement work that is performed on existing structures.  This includes filing mandatory notification forms for all renovation and demolition work on structures that are not primary residences.  Even structures built after 1980 that have little risk of possible contamination must be examined by an asbestos inspector before any construction work may proceed.

Licensing asbestos professionals

In keeping with federal EPA regulations, the state of Indiana will certify and license contractors to perform asbestos abatement.  To be certified to abate asbestos in Indiana, the contractor must complete a state sanctioned training course on the dangers of asbestos and proper abatement techniques.  The contractor must disclose prior contracts, lawsuits, violations and citations to the application as well as describe standard operating procedure to comply with certain Indiana asbestos law mandates.  The contractor must also have $500,000 in liability insurance.  The application fee is $150 and the checks are paid into an IDEM Asbestos Trust Fund.

Disposal

All asbestos material, regardless of its nature, must be disposed of careful and in compliance with Indiana asbestos laws.  This includes wetting and sealing friable asbestos materials and labeling the material accordingly.  Non-friable materials are subject to their own rules and in some cases may be treated as construction waste.  If you are working with an asbestos contractor, they will be able to provide more details on proper disposal.  All others, typically homeowners, will need to contact a participating landfill for further instructions as well as schedule a time and date to deliver the material to the landfill.

What are the health risks from asbestos?

Those that have worked with the spray applications of asbestos are becoming aware of the effect that the tiny particles have had on their lung function and overall health.  The tiny fibers cause the normally elastic lungs to lose elasticity and ability to drain fluid.  Malignant growth caused by the presence of this foreign material will also cause lung cancer and the potentially fatal mesothelioma.

Can I file for asbestos litigation?

Indiana does not have laws that explicitly limit asbestos litigation, but be aware of general tort reform laws that apply o personal injury cases.  Some Indiana workers have successfully sued former employers for failing to provide adequate protection and safety equipment for workers working with asbestos.  The largest asbestos settlement ever was reached in Indiana due to similar circumstances.

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