However, regulatory standards and guidelines in air and water exist for the key individual polycyclic aromatic hydrocarbons and phenols --the major chemicals that cause harmful health effects--contained in creosote.
The Environmental Protection Agency (EPA) has declared creosote a restricted use pesticide, which means that it can only be bought and used by certified applicators and only for those uses covered by the applicator's certification. The EPA has concluded that any release of creosote to the environment in excess of one pound should be reported.
The federal government has developed regulatory standards and guidelines to protect workers from the potential health effects of other coal tar products in the air. The Occupational Safety and Health Administration (OSHA) has set a legally enforceable limit or permissible exposure limit (PEL) of 0.2 milligrams of coal tar pitch volatiles per cubic meter of workroom air (mg/m3) so that workers are protected from overexposure of coal tar pitch volatiles during an 8-hour shift/40-hour workweek.
However, a lower maximum limit of 0.1 milligrams of coal tar pitch volatiles per cubic meter of workroom air is recommended by the National Institute for Occupational Safety and Health (NIOSH).
Creosote Dangers and FELA
Unfortunately, railroad workers, primarily maintenance of way employees, are exposed to high concentrations of creosote on a daily basis. They are, therefore, at a higher risk for diseases tied to creosote exposure. The risks arise when workers breathe in vapors, or have direct skin contact with creosote solutions or freshly treated wood.
The Agency for Toxic Substance and Disease Registry in its October 2002 report stated that "workers who work with creosote-treated wood in building fences, bridges, or railroad tracks or installing telephone poles may face exposure. Those who inspect or maintain these materials ... also risk exposure to creosote."
Creosote represents a serious health risk to railroaders because they continue to be exposed to creosote products as a condition of their employment. A specialized claim under the Federal Employers' Liability Act (FELA) may exist for employees of common carriers, particularly employees of railroads, which still use creosote-treated lumber for railroad spikes. Under FELA, an employee of a railroad can bring a suit against the railroad for injuries resulting from working conditions, hazards, and negligence on the railroad's part.
Few federal regulations affecting payday loans exist today. Proponents of payday loans claim this is so because regulations over and above what individual states have already passed are not necessary. They believe payday loans are viable alternates when individuals find themselves temporarily short on cash. Opponents argue that payday loans are predatory and federal regulations affecting payday loans are needed immediately to curb the growth of this rapidly escalating industry.
The status of federal regulations affecting payday loans
In the year 2000, the wording of Regulation Z of the Federal Truth in Lending Act was modified to include originators of payday loans. Although the Act itself was not new, the wording resulted in the first federal regulations affecting payday loans. Originally designed to force lenders to fairly and accurately disclose to borrowers certain loan terms, the wording forced payday loans originators to also comply. Specifically, payday lenders are now required to disclose the annual percentage rate, all finance charges, the payment schedule and the policy on late payments before an applicant agrees to the loan.
The law also requires that lenders clearly explain these parts of the loan in an easy-to-understand format. In addition to needing to be simplistically explained, the Act states that the terminology must also be readily apparent and not buried in the fine print. Other sections of the Federal Truth in Lending Act that now apply to payday loans include the sections on filing civil complaints against lenders and the ability to recover actual and statutory damages.
Other Federal regulations affecting payday loans have been introduced to Congress as recently as the 2005 session. However, none of these has yet to become law.
States legislation
Although federal regulations affecting payday loans are nearly non-existent, many states have enacted legislation governing payday loans. While crafted with the interests of consumers at heart, state legislation is not consistent among the different states. Instead of protecting consumers, most legislation seems only to confuse consumers further. Some states have even taken the drastic step of outright prohibiting companies from engaging in the business of payday loans.
Given the fact that Federal regulations affecting payday loans are few and State laws governing the process are jumbled, one has to wonder whether or not such legislation is necessary and whether it really can benefit the consumers, the people that many feel are at such risk. In other words, are payday loans really the monster that many claim them to be?
As with anything in life, there's a right way and a wrong way to use a payday loan. Those who see such cash advances as a short-term solution do benefit from their availability. They get the money they need, the fees are reasonable, and they repay the advance when due. On the other hand, those who repeatedly rely on this type of funding can and sometimes do end up with a bigger financial problem on their hands. Shouldn't then the responsibility lie with the applicant and not in the need to create federal regulations affecting payday loans?
Both Katie Kelley & Cash West are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Katie Kelley has sinced written about articles on various topics from Trucks, Brain Injury and Build Muscle. Learn more about the dangers of creosote exposure at also access other legal issues available at the LegalView homepage. Katie Kelley's top article generates over 33100 views. to your Favourites.
Cash West has sinced written about articles on various topics from Payday Loans, Finances and Debts Loans. . Cash West's top article generates over 3600 views. to your Favourites.