| Copyright (c) 2008 Katie Kelley | | | | Institute for Occupational Safety and Health |
| Coal tar creosote is a potentially very toxic | | | | (NIOSH). |
| chemical that currently is unregulated by the | | | | Creosote Dangers and FELA |
| federal government. | | | | Unfortunately, railroad workers, primarily |
| However, regulatory standards and guidelines in air | | | | maintenance of way employees, are exposed to |
| and water exist for the key individual polycyclic | | | | high concentrations of creosote on a daily basis. |
| aromatic hydrocarbons and phenols --the major | | | | They are, therefore, at a higher risk for diseases |
| chemicals that cause harmful health | | | | tied to creosote exposure. The risks arise when |
| effects--contained in creosote. | | | | workers breathe in vapors, or have direct skin |
| The Environmental Protection Agency (EPA) has | | | | contact with creosote solutions or freshly treated |
| declared creosote a restricted use pesticide, which | | | | wood. |
| means that it can only be bought and used by | | | | In an October 2002 report, the Agency for Toxic |
| certified applicators and only for those uses | | | | Substance and Disease Registry detailed that |
| covered by the applicator's certification. The EPA | | | | "workers who work with creosote-treated wood |
| has concluded that any release of creosote to the | | | | in building fences, bridges or railroad tracks or |
| environment in excess of one pound should be | | | | installing telephone poles may face exposure. |
| reported. | | | | Those who inspect or maintain these materials ... |
| The federal government has developed regulatory | | | | also risk exposure to creosote." |
| standards and guidelines to protect workers from | | | | Creosote represents a serious health risk to |
| the potential health effects of other coal tar | | | | railroaders because they continue to be exposed |
| products in the air. The Occupational Safety and | | | | to creosote products as a condition of their |
| Health Administration (OSHA) has set a legally | | | | employment. A specialized claim under the Federal |
| enforceable limit or permissible exposure limit | | | | Employers' Liability Act (FELA) may exist for |
| (PEL) of 0.2 milligrams of coal tar pitch volatiles | | | | employees of common carriers, particularly |
| per cubic meter of workroom air (mg/m3) so | | | | employees of railroads, which still use |
| that workers are protected from overexposure | | | | creosote-treated lumber for railroad spikes. An |
| of coal tar pitch volatiles during an 8-hour shift | | | | employee can develop a creosote lawsuit if |
| 40-hour workweek. | | | | injured by working conditions, hazards or |
| However, a lower maximum limit of 0.1 milligrams | | | | negligence on the railroad's part, according to |
| of coal tar pitch volatiles per cubic meter of | | | | details of FELA. |
| workroom air is recommended by the National | | | | |