| The federal government has not developed | | | | Institute for Occupational Safety and Health |
| regulatory standards and guidelines to protect | | | | (NIOSH). |
| people from the potential health effects of | | | | Creosote Dangers and FELA |
| exposure to coal tar creosote in drinking water | | | | Unfortunately, railroad workers, primarily |
| and food. | | | | maintenance of way employees, are exposed to |
| However, regulatory standards and guidelines in air | | | | high concentrations of creosote on a daily basis. |
| and water exist for the key individual polycyclic | | | | They are, therefore, at a higher risk for diseases |
| aromatic hydrocarbons and phenols --the major | | | | tied to creosote exposure. Freshly treated wood |
| chemicals that cause harmful health | | | | that contains creosote can cause harm to an |
| effects--contained in creosote. | | | | individual who has direct skin contact or inhales |
| The Environmental Protection Agency (EPA) has | | | | toxic vapors. |
| declared creosote a restricted use pesticide, which | | | | In an October 2002 report, the Agency for Toxic |
| means that it can only be bought and used by | | | | Substance and Disease Registry detailed that |
| certified applicators and only for those uses | | | | "workers who work with creosote-treated wood |
| covered by the applicator's certification. Any | | | | in building fences, bridges or railroad tracks or |
| creosote that is released into the environment | | | | installing telephone poles may face exposure. |
| that registers over one pound must be reported | | | | Those who inspect or maintain these materials ... |
| to the EPA. | | | | also risk exposure to creosote." |
| Other coal tar product particles that can become | | | | Creosote represents a serious health risk to |
| airborne are regulated federally by the | | | | railroaders because they continue to be exposed |
| government. The Occupational Safety and Health | | | | to creosote products as a condition of their |
| 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) in | | | | employees of railroads, which still use |
| order to offer employee protection during an | | | | creosote-treated lumber for railroad spikes. An |
| eight hour day and a 40 hour workweek for a | | | | employee can develop a creosote lawsuit if |
| potential "overexposure" to the toxic particles. | | | | 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 | | | | |